Terms of service

 

OVERVIEW

Welcome to TheBros! The terms "we", "us" and "our" refer to TheBros Limited ("TheBros"). TheBros operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). TheBros is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (/policies/privacy-policy). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in New Zealand, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer, on a case-by-case basis.

Most of our stock is New Old Stock (NOS) - genuine, brand new, never installed parts sourced from NZ trade and distributor warehouse clearances. Fitment information provided in our listings is based on supplier and manufacturer data; it is your responsibility to confirm that a part matches your exact vehicle before ordering.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. TheBros reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until TheBros confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as TheBros may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy (/policies/refund-policy).

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless otherwise agreed with us in writing.

SECTION 3A - BUSINESS CUSTOMERS

Where you acquire products from us for the purposes of a business, as that term is defined in the Consumer Guarantees Act 1993, you and TheBros agree that the guarantees set out in the Consumer Guarantees Act 1993 do not apply to that supply, to the extent permitted by section 43(2) of that Act. Nothing in this section limits or excludes any guarantee, right, or remedy that cannot lawfully be excluded or limited, including under the Fair Trading Act 1986.

If you are purchasing as, or on behalf of, a business, you must let us know in writing before or at the time of your order so that this section applies. In the absence of such notice, we will treat your purchase as being for personal, domestic, or household use, and the Consumer Guarantees Act 1993 will continue to apply in full.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All posted prices are inclusive of GST unless otherwise stated, and do not include shipping unless otherwise expressly stated.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use such payment method for the purchase, (iii) charges incurred by you will be honoured by your card issuer, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We ship to New Zealand addresses only and do not ship internationally at this time. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. Full detail is available in our Shipping Policy (/policies/shipping-policy).

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by TheBros, its affiliates or licensors and are protected by New Zealand and foreign copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of TheBros, Shopify or any third party. Unauthorised use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by TheBros.

TheBros's names, logos, product and service names, designs, and slogans are trademarks of TheBros or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

TheBros is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with TheBros. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and TheBros, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with TheBros.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy (/policies/privacy-policy), and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed at https://www.shopify.com/legal/privacy/app-users. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy (/policies/privacy-policy) for more detail on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services to: (a) engage in any unlawful or malicious purpose; (b) violate any applicable law or regulation; (c) infringe our intellectual property rights or those of others; (d) harass, abuse, or harm any person; (e) transmit false or misleading information; (f) send spam or unsolicited advertising; (g) impersonate any other person or entity; (h) upload viruses or malicious code; (i) scrape or extract data from the Services using automated tools without our consent; or (j) bypass or interfere with any security or access-control measures we employ.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AUTOMATED ACCESS AND AI AGENTS

This section applies if you use, allow, enable, or cause the deployment of any automated software or "agent" to access, use, or interact with the Services on your behalf. Any such agent must clearly identify itself as automated in its requests, must not attempt to disguise itself as a human user or bypass measures intended to distinguish human from automated use, and must comply with any instructions we give to restrict automated access. We may limit, by technical or other means, whether and how automated tools interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.

Except as expressly stated by TheBros, or as required by the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, the Services and all products offered through the Services are provided "as is" and "as available" without any representation, warranty or condition of any kind, either express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Nothing in these Terms is intended to limit any right you have under the Consumer Guarantees Act 1993 that cannot lawfully be excluded.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, TheBros, our directors, officers, employees, affiliates, agents, contractors, and service providers, and those of Shopify and its affiliates, shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any products procured using the Services, except where such liability cannot lawfully be excluded, including under the Consumer Guarantees Act 1993.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless TheBros, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with any policies referenced within them, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements.

SECTION 21 - ASSIGNMENT

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms without restriction.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand. You and TheBros consent to the exclusive jurisdiction of the courts of New Zealand.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

TheBros Limited support@thebros.co.nz 25 Esk Street, Roslyn, Palmerston North 4414, New Zealand +64 27 979 7988 NZBN: 9429053602411