Touratech Shop

Terms and Conditions

This web site has been compiled with the greatest possible care. In spite of this Motomart Limited (TA TOURATECH NZ) cannot guarantee that the information contained therein is free from errors and accurate. Adventure Riders New Zealand Limited  (TA TOURATECH NZ) shall accept no liability for damage arising directly or indirectly from using this web site whether caused by malice aforethought or gross negligence on the part of Motomart Limited  (TA TOURATECH NZ) or others.

Right to technical amendments, printing errors, omissions and general errors reserved. All dimensions and illustrations are non-binding.

General terms of business 

These General Terms of Business apply in their current version to all business relationships between Motomart Limited  (TA Touratech NZ), hereinafter called “TOURATECH NZ”, and their customers.

1. Area of validity
1.1 The conditions below apply to the supply of goods and other services by TOURATECH NZ.
1.2 These terms of business apply exclusively; any customer conditions that conflict with or differ from these terms of business will not be recognised unless TOURATECH NZ has specifically agreed to this in writing.

2. The start of the contract
2.1 The range shown on TOURATECH NZ’s server or in TOURATECH NZ’s printed and/or online catalogue does not represent a legally binding offer but a non-binding online catalogue or printed catalogue.
2.2 The customer will order the goods or services required by filling in the online order form or the printed order form in the catalogue in full and sending it off. The contract will come into force when TOURATECH NZ and the third-party supplier accept this offer. It is not necessary to send the customer an order confirmation.
2.3 The Internet customer will confirm that he/she accepts the general terms of business when he/she places the order. The general terms of business will be acknowledged by the customer whether he/she fills in an order form or not.

3. Due date, payment and delay
3.1 The purchase price is due immediately. Payment of the purchase price may be made by a credit card accepted by TOURATECH NZ at the time of the contract being concluded. 
3.2 All prices are in New Zealand Dollar, include GST at the statutory rate and are subject to alteration.
3.3 The following applies to deliveries in New Zealand:
3.3.1 Despatch: Normally despatched by post or courier at our discretion and choice
3.3.2 Payment for despatches within New Zealand

Credit card: We need your credit card number, security code and expiry date. The fee includes postage, packing and processing.

3.4 If the customer does not pay on time, TOURATECH NZ is entitled to demand delay interest of 5% above the current base rate. TOURATECH NZ’s right to claim higher damages remains unaffected by this as does the customer’s right to claim lower damages. 

4. Cancellation
4.1 The customer is entitled to cancel his declaration of intent to conclude the contract within 7 days of receiving the goods by returning the goods to TOURATECH NZ in full and unused in the original packaging. Dispatching the goods in good time will be sufficient proof that the deadline has been observed. 

4.2 Your postage costs for non-faulty returns will be at buyers cost.

4.3 In the case of cancellation, TOURATECH NZ will provide a credit to the buyers account (excluding postage and packaging paid). Legal provisions apply to any benefits or profit drawn up to cancellation.

5. Reservation of proprietary rights
5.1 Goods supplied by TOURATECH NZ remain TOURATECH NZ’s property until all contractual requirements have been fulfilled as well as any other claims that TOURATECH NZ subsequently makes against the customer in direct connection with the goods supplied for whatever legal reason. This also applies when payments are made for specific requirements
5.2 Before transfer of ownership, the customer will only be entitled to these goods with the prior written approval of TOURATECH NZ. If a third party seizes the goods, particularly if the goods are impounded, the customer must inform TOURATECH NZ immediately in writing and also point out to the third party immediately that TOURATECH NZ has proprietary rights. 

6. Guarantee, examination and complaint obligations
6.1 TOURATECH NZ guarantees that the goods do not have any defects that would reduce or nullify their value or their suitability for normal usage or the use to which they are to be put in accordance with the contract. If the reduction in value or suitability is only minor this can be discounted.
6.2 The guarantee period is 12 months and begins when the goods are handed over to the customer. Defects in the goods will be corrected by TOURATECH NZ after being informed of this by the customer within this guarantee period. TOURATECH NZ will decide whether to replace or repair the goods.
6.3 The customer must examine the goods immediately on receipt and, if a fault is detected, must inform TOURATECH NZ of this, describing the fault in writing within 7 days. The same applies to faults that are discovered later. If TOURATECH NZ hears nothing to the contrary within the specified time the goods are considered approved.
The following procedure must be carried out for goods damaged in transit:
If a package arrives clearly damaged, it must be opened in the presence of the postman/delivery driver. The postman/delivery driver will issue a damage confirmation certificate. With damage in transit that is not obvious, i.e. damage that the customer is not aware of until after he has opened it, the customer must take the package to the post office and obtain a damage certificate. It is not possible to accept a claim for damage without this document.
6.4 Returns without postage paid cannot be accepted.
6.5 If an attempt at repair is not successful within a reasonable time and it also fails within a further reasonable period of time set by the customer, the customer can claim a reduction in the price or cancel the contract.
6.6 TOURATECH NZ is not liable for consequential damage and moreover, only under the conditions in paragraph 7. Liability for assured characteristics and for deceit remains unaffected by the rulings in paragraph 6. Further guarantee claims cannot be made.
6.7 If the complaint is unfounded TOURATECH NZ reserves the right to claim reimbursement of the costs incurred from the customer. 

7. Data protection
7.1 If it has not been agreed to the contrary, TOURATECH NZ will only use the personal data in this contract in order to perform the contract. The customer’s permission is required to use this information for market and opinion research and for advertising.

8.  Final conditions 

8.1 Changes and amendments to this contract must be in writing to be effective. There are no oral secondary agreements.
8.2 If it has not been agreed to the contrary, the customer may not transfer rights and obligations from this contract to a third party without TOURATECH NZ’s prior written agreement. TOURATECH NZ will only deny this agreement with good grounds.
8.3 If a provision of this contract is or becomes invalid, the other provisions remain valid. The contractual partners will agree to replace the invalid provision with a valid one that best corresponds to the economic aims of the contractual parties. The same applies if there is a loophole in the contract.
8.4 This contract is subject exclusively to the material law of the New Zealand.
8.5 Place of fulfillment is the TOURATECH NZ head office in Auckland, New Zealand. If the customer is a business that is located outside of New Zealand, the parties agree that any disputes arising from the implementation of this contract will be dealt with under New Zealand Law