Terms of Service

This website (Website) is owned and operated by Mukka Motorsport Limited (“Mukka Motorsport” “we” “us”).

By visiting our Website or purchasing a product or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), as amended from time to time. If you do not agree to all the terms and conditions in our Terms of Service, then you should immediately discontinue using the Website and the Services.

We may amend our Terms of Service from time to time and we will notify you of any changes by posting an updated version on our Website. If you continue to use or access our Website or any Service after any changes to our Terms of Service, you are deemed to have accepted, and will be bound by, those changes.

1 Section 1 – Payment and Online Store Terms

1.1 Price – Unless otherwise stated, all prices are inclusive of GST. On placing an order for products or services, you must pay the price, shipping and handling charges specified for those products or services.

1.2 Payment – We accept payment via credit card or debit card only. Where you consent to us storing your credit card or debit card at the time of purchase, you consent to us securely storing your credit card or debit card details for future transactions. We will not process a transaction without your consent.

1.3 Orders –

1.3.1 When you place an order with us, you are making an offer to buy products or services. We will collect your delivery address and other relevant details for your order at checkout.

1.3.2 All products are sold subject to their availability.

1.3.3 We reserve the right to limit the number of items that you may purchase in a single transaction.

1.3.4 We reserve the right to refuse your order or delivery for any reason at our sole discretion.

1.3.5 If there is an error with the listing of the product on our Website or a technical error in the processing of your order, we reserve the right to refuse or cancel the order.

1.3.6 When we send you an email to confirm that we have received and accepted your order, this indicates that your order has been accepted and you may not cancel it. We will take payment from you when we accept your order.

1.3.7 Our rights to cancel orders apply to orders that we have accepted.

1.4 Despatch – We work hard to despatch orders promptly once you receive confirmation of your order from us via email. We may take longer to process orders during peak trading times, holidays and sale periods and appreciate your patience during these times. Any stated delivery times on our website are estimated delivery timeframes only. We deliver your order through third party delivery agents and are not responsible for any failure or delay in delivery caused by any event outside of our reasonable control.

1.5 Changes – We may add or remove products from the Website, and products described on the Website may not be available from time to time. If any product ordered is no longer available we reserve the right to refuse or cancel an order.

1.6 Exchanges – We understand it may be difficult to choose the right size when shopping online. If you ordered the wrong size, please contact us immediately. We will endeavour to accommodate the exchange, depending on the availability of the size you would like. You must pay shipping for the exchanged goods. Returned items must be unworn and in their original condition.

1.7 Refunds – We will refund to you an amount that you have paid to us only (a) where we have received payment from you in relation to an order (or part of an order) for products that we do not accept or that we cancel or (b) as required by applicable law, including, without limitation, the Consumer Guarantees Act 1993.

2 Section 2 – General

2.1 Consumer rights – Consumers may have additional rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 in relation to the Services and any products purchased from our Website. Your consumer rights are in addition to these Terms of Service. Accordingly, these Terms of Service are subject to your consumer rights and nothing in these Terms of Service is intended to have the effect of limiting or reducing your consumer rights.

2.2 Liability – Subject to applicable consumer protection laws and to the fullest extent permitted by law:

2.2.1 While we endeavour to supply accurate information on our Website, errors and omissions may occur. Mukka Motorsport provides information on our Website “as is” and makes no representation as to the accuracy, completeness, or reliability of the information on our Website. We reserve the right to make changes to the content on our Website at any time and without notice.

2.2.2 All implied warranties and guarantees in relation to the products or services we supply are expressly excluded. Without limiting the generality of the below:

(a) While we try to ensure that the price, images and description of products or services is accurate, we make no warranties or representations that any products or services will meet your expectations.

(b) We do not warrant or represent that any errors in the Website or any Service will be corrected.

2.2.3 You agree that Mukka Motorsport and its directors, officers, employees and contractors will have no liability (whether in tort (including negligence), breach of contract, equity or otherwise) to you for any direct, indirect or consequential loss or damage arising out of or in connection with the Services, including, without limitation, any loss or damage you may suffer as a result of:

(a) our variation of these Terms of Service from time to time;

(b) any failure by any third party product or service provider to honour an advertised offer;

(c) the accuracy of information supplied to you by third parties or your dealings with third parties;

(d) the participation in any giveaway draw or promotion;

(e) the use of any prize or gift offered or accepted in any giveaway draw or promotion;

(f) the unavailability of products on our Website;

(g) errors, mistakes or inaccuracies on our Website;

(h) any act you take, or fail to take, due to any information contained on or referred to on our Website;

(i) any action or inaction outside our reasonable control (including that of third party providers and delivery agents); and

(j) any interruption from or to our Website.

2.3 Privacy – Our Privacy Policy (available here) describes the types of personal information collected and held by us about you and how the information is used. By using the Website or our Services, you consent to our collection, use and disclosure of personal information as outlined in the Privacy Policy.

2.4 Electronic communications – If you have not opted out of receiving marketing or promotional materials from us then, by subscribing to emails or text communications or otherwise providing your email address or mobile number, you consent to receiving marketing or promotional emails and texts from us from time to time. You may unsubscribe from our marketing or promotional communications at any time by clicking the unsubscribe link in any electronic communication received or by emailing [email protected] .

2.5 Intellectual property – Our Website and its contents are protected by copyright, trademark and other intellectual property rights owned by us and our licensors. All rights are reserved to us. You may not extract, copy or otherwise reproduce any of our content (in any form) without our prior written consent.

2.6 Cookies – We may use cookies and other interactive techniques on our Website to help us identify you when you use our Website or to help us improve your experience when using the Services. If you do not accept our cookies or other interactive techniques, some pages may not operate as intended and you may not be able to access certain information on our Website.

2.7 Third party links – Our Website may contain links to other websites. Those websites and links you access are not under our control. We are not responsible for, make no representations or warranties in relation to, and do not endorse the content of those linked websites and provide them solely for your information and convenience.

2.8 New Zealand use – Our Website and the Services are provided for use by New Zealand residents. We make no representations that our Website and any Services comply with the laws of any country outside of New Zealand. If you access our Website or services from outside New Zealand, you do so at your own risk and you are responsible for complying with the laws in the place where you use our Website or Services.

2.9 Governing law and jurisdiction- These Terms of Service and any Services we provide are governed by, and are to be interpreted in accordance with, the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts in respect of these Terms of Service and the Services.

2.10 No waiver – Any delay or failure to enforce our rights under these Terms of Service does not mean we have waived those rights.

2.11 Severability- If any provision of these Terms of Service is determined to be unlawful, invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

If you have any questions regarding these Terms of Service, please contact us at [email].