Terms of service
1. About These Terms
These Terms and Conditions govern your use of the Homebody Pilates Club online store at homebodypilatesclub.com and any purchases you make through it. By placing an order, you agree to be bound by these terms.
Homebody Pilates Club is operated by Homebody Pilates Club Limited, a New Zealand registered company. Our principal place of business is Te Puna, Bay of Plenty, New Zealand.
We may update these terms from time to time. The version in effect at the time you place your order will apply to that transaction.
2. Products and Availability
We take care to ensure that product descriptions, images, and pricing on our website are accurate. However, we do not warrant that all information is error-free. If we discover an error relating to your order, we will contact you and give you the option to continue with the corrected details or cancel the order for a full refund.
All products are subject to availability. We reserve the right to limit quantities and to discontinue products at any time without prior notice.
3. Pricing and Payment
All prices displayed on our website are in New Zealand Dollars (NZD) and include Goods and Services Tax (GST) where applicable.
We accept payment via the methods displayed at checkout. Payment must be received in full before an order is dispatched. We use third-party payment processors and do not store your credit card or payment details on our servers.
We reserve the right to change pricing at any time. Price changes will not affect orders that have already been confirmed.
4. Orders and Acceptance
Placing an order through our website constitutes an offer to purchase. An order is not accepted until we send you an order confirmation email. We reserve the right to decline or cancel any order at our discretion, including where we suspect fraudulent activity or where an error has occurred in pricing or product information.
If we cancel an order after payment has been taken, we will issue a full refund to the original payment method.
5. Shipping and Delivery
We currently ship within New Zealand only. Shipping costs and estimated delivery timeframes are displayed at checkout and may vary depending on your delivery address and the items ordered.
Delivery timeframes are estimates only and are not guaranteed. We are not liable for delays caused by circumstances beyond our reasonable control, including courier service disruptions, severe weather events, or public holidays.
Risk of loss or damage passes to you upon delivery to the address you provided at checkout. Please ensure your delivery details are correct; we are not responsible for orders delivered to an incorrect address provided by you.
6. Your Rights Under the Consumer Guarantees Act 1993
Our products come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993 (CGA). Nothing in these terms limits or overrides your rights under the CGA or any other applicable New Zealand consumer protection legislation.
Under the CGA, products must be of acceptable quality, fit for their intended purpose, match their description, and be delivered within a reasonable time. If a product fails to meet any of these guarantees, you are entitled to a remedy, which may include repair, replacement, or refund depending on the nature and severity of the fault.
What is not covered: Faults or damage arising from misuse, neglect, normal wear and tear, failure to follow care instructions, or unauthorised modification are not covered by the CGA guarantees.
7. Returns and Refunds
In addition to your statutory rights under the Consumer Guarantees Act, we offer the following returns policy:
Change of mind: If you change your mind, you may return a product within 14 days of delivery, provided it is unused, in its original condition, and in its original packaging. Change-of-mind returns are at your cost. A refund will be issued to the original payment method once we receive and inspect the returned item. Shipping costs are non-refundable for change-of-mind returns.
Faulty or incorrect products: If a product arrives faulty, damaged, or is not what you ordered, please contact us at hello@homebodypilatesclub.com within a reasonable time of discovering the issue. We will arrange for the return, repair, replacement, or refund at no cost to you, as required under the CGA.
How to initiate a return: Please email hello@homebodypilatesclub.com with your order number, a description of the issue, and photographs if applicable. We will provide return instructions promptly.
We reserve the right to refuse a return if the product has been used, damaged after delivery, or is not returned in its original condition and packaging (for change-of-mind returns).
8. Promotional Codes and Discounts
Promotional codes and discount offers are subject to specific terms communicated at the time of the offer. Unless otherwise stated, promotional codes cannot be combined with other offers, are limited to one use per customer, and have no cash value. We reserve the right to cancel or modify any promotion at any time.
9. Intellectual Property
All content on our website, including but not limited to text, images, graphics, logos, the Homebody Pilates Club name and HB monogram, product designs, and downloadable materials, is our intellectual property or used under licence. You may not reproduce, distribute, modify, or commercially exploit any of this content without our prior written consent.
10. Privacy
We collect, use, and store your personal information in accordance with the Privacy Act 2020 (NZ) and our Privacy Policy, which is available on our website. By using our website and placing an order, you consent to the collection and use of your information as described in our Privacy Policy.
We will never sell your personal information to third parties. Information may be shared with trusted service providers (such as payment processors and courier companies) only to the extent necessary to fulfil your order.
11. Limitation of Liability
To the maximum extent permitted by law (and subject always to your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986), our total liability to you in connection with any order shall not exceed the total amount you paid for that order.
We are not liable for any indirect, consequential, or incidental loss or damage, including loss of profit, data, or opportunity, arising out of or in connection with your use of our website or products.
12. Fair Trading Act 1986
We comply with the Fair Trading Act 1986 and are committed to honest and transparent dealings with our customers. All product representations, advertising, and promotional materials are intended to be truthful and not misleading.
13. Website Use
You agree to use our website for lawful purposes only. You must not attempt to gain unauthorised access to our systems, introduce malicious software, or interfere with the proper functioning of the website.
We do not warrant that access to the website will be uninterrupted or error-free. We may suspend or discontinue all or part of the website at any time without notice.
14. Third-Party Links
Our website may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of any third-party sites and do not endorse them. Your use of third-party sites is at your own risk.
15. Force Majeure
We are not liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government restrictions, supply chain disruptions, or industrial action.
16. Governing Law and Disputes
These terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with these terms shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.
If you have a complaint or dispute, please contact us at hello@homebodypilatesclub.com in the first instance and we will make reasonable efforts to resolve the matter. You may also seek resolution through the Disputes Tribunal of New Zealand for eligible claims.
17. Contact Us
If you have any questions about these terms, please contact us:
- Email: hello@homebodypilatesclub.com
- Website: homebodypilatesclub.com
- Address: Te Puna, Bay of Plenty, New Zealand