Terms & Conditions

Updated at 13-04-2023

Please read these conditions carefully before using the racket academy website. By using the racket academy website, you signify your agreement to be bound by these conditions regardless of not of whether you choose to register with us. You might also like to print a copy so that you can remind yourself of these terms.

1. INFORMATION ABOUT US

www.racketacademy.com (“Website”) is a site operated by Racket Academy (“We”). Our head office is at 17 Dilworth Ave, Remuera , Auckland 1050. Our email address is liam@racketacademy.co.nz. Our telephone number is 09 972 2010

2. YOUR ACCOUNT

2.1 When you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should tell us immediately if you have any reason to believe that your password could have become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

2.2. Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you provided when registering.

2.3. We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND RACKET ACADEMY

3.1. After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a product. All orders are subject to availability and acceptance by us and We will confirm such acceptance to you by sending you an e-mail that confirms that the product has been despatched (the “Despatch Confirmation”). That email will also confirm the cost of delivery (if applicable). The contract between us (“Contract”) will only be formed when We send you the Despatch Confirmation.

3.2. We will not process your order until payment has been received in full.

3.3. If you make a mistake with your order, you may be able to correct any mistakes made by telephone prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been despatched, please return the products to us in accordance with our Returns Policy.

3.4. The Contract will relate only to those products whose despatch We have confirmed in the Despatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Despatch Confirmation.

3.5. We are entitled to refuse any order made by you for any reason.

3.6. When you make a request you undertake that all details you provide to us requesting goods are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as

possible.

4. PRODUCTS

4.1. We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:

4.1.1. orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;

4.1.2. all prices are displayed in NZD DOLLARS

4.1.3. packaging may vary from that shown on the Website;

4.1.4. the weights, dimensions and capacities shown on the Website are approximate only;

4.1.5. whilst We try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.

4.1.6. all items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s) of equal or higher quality and value.

5. PRICE AND PAYMENT

5.1. The price payable for the products shall be as shown on the Website. Prices advertised on the Website include GST but exclude delivery charges. Delivery options are shown when ordering and the delivery charge (if applicable) will be added at the checkout – please see the Shipping and Delivery Policy for further details.

5.2. Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.

5.3. Prices are subject to change without notice but changes will not affect orders which We have already accepted.

5.4. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, We will charge the lower amount when despatching the product to you. If a product’s correct price is higher than the price stated on the Website, We will normally, at our discretion, either contact you for instructions before despatching the product, or reject your order and notify you of such rejection.

5.5. We are under no obligation to provide the product to you at the incorrect (lower) price, even after We have sent you a Despatch Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

5.6. Payment for all products must be by credit or debit card. We accept payment with VISA, VISA DEBIT AND BANK TRANFER. We also accept payments via PAYPAL.

5.7. Only one promotion code can be used per order.

6. CANCELLING THE CONTRACT

6.1. If you are a NZ consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven days of receipt of the product. If you want to cancel the order and the products that are not damaged or incorrectly supplied, then you must inform us of this within seven working days following the date of receipt of the goods. You must take reasonable care of the products that you wish to cancel and not use them. Products should be returned in their original packaging promptly at your expense.

6.2. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or e-mail only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. If the product has been sent incorrectly or is damaged We will refund your postage details of which can be found in the Returns Policy.

6.3. If you choose to return any products to us, We will not be responsible for any loss or damage to them in transit and, for this reason, We recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, We reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.

6.4. If you cancel your order in any of the circumstances set out above We will refund any money paid by you after any products, which have been delivered to you, are returned to us. In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return Where We deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us.

7. RETURNS

Please see our Returns Policy.

9. LIABILITY

9.1. If We do not deliver or if the products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:

9.1.1. make good any shortage or non-delivery or incorrect delivery; or

9.1.2. replace or repair any products that are damaged or defective in accordance with the manufacturers warranty – please see our Warranty Policy; or

9.1.3. refund to you the amount paid by you for the products in question.

9.2. We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.

9.3. Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the products as set out in the Dispatch Confirmation.

9.4. Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.

9.5. Nothing in this contract shall exclude or limit your statutory rights.

9.6. RACKET ACADEMY uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, We cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, pdhsports shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

10. WARRANTY POLICY

Certain products come with a manufacturer’s guarantee with the exception of racket strings which cannot be guaranteed. For further details please email us at liam@racketacademy.co.nz

11. TEN DAY RACKET TRIAL

We offer a ten day racket trial service for certain products which can be arranged by calling us directly on 09 972 2010. If you request a product to be sent to you for a ten day demonstration you agree to us charging you prior to despatching the product the full value of the product and you agree to return the product back to us within ten days of receiving it. Upon receipt of the product We will refund you the full amount paid by you with the exception of the postage which you shall be responsible for. If we do not receive the product back from you within ten days of you receiving it then We will assume that you wish to keep the product and will not issue a refund. If you return the product back to us damaged or in a state worse than when you received it then We reserve the right to charge you in full for the item and not to issue the refund, in which case We will return the product to you and may charge you the cost of doing so.

11. THIRD PARTY RIGHTS

Only you and Racket Academy shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

12. ENTIRE AGREEMENT

These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

13. GOVERNING LAW AND JURISDICTION

These Website Terms are governed by and construed in accordance with the laws of New Zealand. You agree, as We do, to submit to the non-exclusive jurisdiction of the New Zealand courts. Your statutory rights are not affected by these terms and conditions.

Don’t hesitate to contact us if you have any questions.