Terms of Sale and Website Use

1. About these terms

This website is operated by The Padel Shop Limited. In these terms, “we”, “us” and “our” refer to The Padel Shop Limited, trading through ThePadelShop.co.nz.

These terms apply when you visit our website or purchase products from us. By placing an order, you agree to these terms together with our Refund Policy, Shipping Policy and Privacy Policy.

Nothing in these terms limits or excludes any rights or remedies available to you under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that cannot legally be excluded.

2. Eligibility and lawful use

You must be legally capable of entering into a binding contract to place an order. If you are under 18, you confirm that you have the permission of a parent or guardian.

You must not use our website or products for an unlawful, fraudulent or unauthorised purpose, interfere with the operation or security of the website, introduce malicious code, attempt to gain unauthorised access, or infringe the rights of another person.

3. Product information

We take reasonable care to ensure product descriptions, specifications, sizing information, photographs and prices are accurate.

Colours and appearance may vary slightly because of lighting, manufacturing variation and device display settings. Product weights and measurements may also vary within normal manufacturing tolerances.

Sizing can vary between brands and models. Any size guide is intended to assist your selection but cannot guarantee a particular personal fit. This does not limit your rights if information we provide is inaccurate or misleading.

4. Prices and payment

Unless clearly stated otherwise, prices are in New Zealand dollars and include GST where applicable.

Shipping charges and any other applicable charges will be shown at checkout before you submit your order.

Payment must be made using one of the payment methods offered at checkout. You confirm that you are authorised to use the selected payment method and that the payment information supplied is correct.

We may change prices at any time, but a price change will not affect an order we have already accepted, except where there has been an obvious error that we address in accordance with section 7.

5. Placing and accepting orders

When you submit an order, you are offering to purchase the selected products on these terms. An automated order-confirmation email acknowledges that we have received your order but does not necessarily mean we have accepted it.

We may decline or cancel an order before dispatch for reasonable grounds, including:

• the product is unavailable;

• payment has not been authorised;

• we reasonably suspect fraud or unauthorised activity;

• an order breaches a stated quantity limit;

• we cannot deliver to the supplied address; or

• the product or price contains an obvious error.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled product and any associated shipping charge. We will not charge an administration or transaction fee for a cancellation made by us.

A sales contract is formed when we dispatch your order or otherwise confirm that we have accepted it.

6. Product availability

Products are subject to availability. Adding a product to your cart does not reserve it.

Although we take reasonable care with inventory information, a product may occasionally become unavailable after an order is placed. If that happens, we will contact you and offer an appropriate alternative, back-order where agreed, or a refund for the unavailable item.

We may limit quantities or discontinue products at any time. Any quantity limits will be applied reasonably and consistently.

7. Errors and corrections

We may correct genuine typographical, pricing, inventory or product-information errors.

If an error is identified before we accept your order, we may contact you to confirm whether you wish to proceed using the corrected information or cancel the affected item. If we cancel an affected item after payment, we will refund the amount paid for it and any associated shipping charge.

Nothing in this section permits us to mislead customers or avoid obligations under the Fair Trading Act.

8. Delivery

Delivery areas, charges and estimated timeframes are set out in our Shipping Policy.

You must provide an accurate and complete physical delivery address. We are not responsible for avoidable costs or delay caused by incorrect or incomplete information you supplied, provided we took reasonable steps to deliver the order correctly.

Any delivery timeframe is an estimate unless we expressly agree to a guaranteed delivery date. Nothing in this section limits your rights where delivery does not occur within an agreed or reasonable time.

9. Returns, exchanges and refunds across our product range

Returns, exchanges and refunds are handled under our Refund Policy.

For padel rackets, balls, bags, clothing, grips, protectors and other physical products, we do not provide a refund or exchange where you simply change your mind, order the wrong product, decide the item does not suit your personal preference, or find it cheaper elsewhere.

Padel rackets cannot be returned for personal preferences about weight, balance, firmness, sound, sweet spot or playing characteristics. Normal variation within a manufacturer's stated weight or specification range is not a fault. Subject to your rights under New Zealand law, rackets that have been unwrapped, modified with an overgrip or protector, or used to strike a ball cannot be returned.

Opened padel-ball cans or tubes cannot be returned for change of mind. Claims concerning an apparently defective newly opened can must be handled under our Refund Policy.

Eligible shoe returns may qualify for a size exchange or store credit under our Refund Policy. Customers are responsible for the costs specified in that policy for voluntary returns.

These voluntary-return rules do not apply where an item fails to meet a guarantee under the Consumer Guarantees Act.

10. Consumer guarantees

Where you acquire products as a consumer, the Consumer Guarantees Act may provide guarantees including that the goods are of acceptable quality, fit for purpose, match their description and are supplied within a reasonable time.

If a product fails to meet an applicable guarantee, the remedies available depend on the nature and seriousness of the failure and may include repair, replacement, refund or compensation as provided by law.

We will not charge an administration, restocking, transaction or return fee for a remedy you are legally entitled to receive. We will also cover reasonable return shipping costs where required by law.

11. Improper use and normal wear

Consumer guarantees do not require us to remedy damage caused by misuse, neglect, accidents, unauthorised alterations, failure to follow care instructions, or fair wear and tear, unless the issue is also connected to a failure for which we are responsible under applicable law.

Padel rackets, shoes and other sporting products will show wear through normal use. Cosmetic wear or damage caused by contact with courts, walls, fencing, other rackets or improper storage is not automatically a product fault.

12. Online gift cards

Online gift cards are valid for three years from the date of purchase. They are not returnable, refundable, exchangeable or redeemable for cash because of a change of mind, except where required by law.

If an order does not use the full value of the gift card, the remaining balance will stay available on the card for future purchases until the expiry date.

You are responsible for keeping gift-card codes secure. Contact us promptly if you believe a code has been lost, stolen or used without permission. We will take reasonable steps to assist but cannot guarantee replacement where a code has already been redeemed.

13. Website content and availability

We aim to keep the website accurate, secure and available. We do not guarantee that access will always be uninterrupted or error-free, and we may maintain, update, suspend or change the website where reasonably necessary.

General articles, guides and product-selection information are provided to help customers but are not professional medical or injury advice. You remain responsible for deciding whether a product is appropriate for your circumstances. This does not limit any responsibility we have for product representations or advice specifically relied upon under applicable law.

14. Intellectual property

Unless otherwise stated, the website and its content, including text, graphics, branding, photographs, videos and design elements, are owned by or licensed to ThePadelShop Limited.

You may view and use the website for personal shopping and other lawful, non-commercial purposes. You must not reproduce, sell, distribute, modify or commercially exploit our content without prior written permission, except as permitted by law.

15. Third-party services and links

Our website may use or link to third-party services, including payment providers, Shopify applications, courier tracking pages and external websites.

We are not responsible for the independent content or practices of external websites we do not control. Use of a third-party service may also be subject to that provider’s terms. This does not limit our responsibility for third parties we use to perform our obligations to you where the law makes us responsible.

16. Privacy

We collect, use and protect personal information in accordance with our Privacy Policy and applicable New Zealand privacy law.

You agree to provide accurate contact, payment and delivery information so we can process and fulfil your order.

17. Liability

To the maximum extent permitted by law, we are not liable for losses that were not reasonably foreseeable when the contract was formed or for losses caused by matters outside our reasonable control.

However, nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including your rights under the Consumer Guarantees Act and Fair Trading Act.

18. Business purchases

Unless we expressly agree otherwise in writing, these terms do not attempt to contract out of the Consumer Guarantees Act for business transactions.

If you are purchasing products for business purposes and we agree in writing that the Consumer Guarantees Act will not apply, any contracting-out arrangement must satisfy the requirements of New Zealand law, including that it is fair and reasonable.

19. Changes to these terms

We may update these terms and our policies from time to time. The version applying to an order is the version published when that order is placed, unless a change is required by law or we agree otherwise with you.

20. Severability

If any part of these terms is found to be unlawful, invalid or unenforceable, that part will be removed or limited to the minimum extent necessary. The remaining terms will continue to apply.

21. Governing law

These terms are governed by New Zealand law. The New Zealand courts have non-exclusive jurisdiction, subject to any rights you may have to bring a claim in another appropriate forum under applicable consumer law.

22. Contact us

Questions about these terms, an order or a product should be sent to:

ThePadelShop Limited
Email: info@thepadelshop.co.nz