Terms of service

TheBros Limited (trading as TheBros) — NZBN 9429053602411 | Version: 17 August 2026

OVERVIEW

Welcome to TheBros! The terms "we", "us" and "our" refer to TheBros Limited ("TheBros"), NZBN

9429053602411, a company incorporated in New Zealand. 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

In these Terms, a business day means any day other than a Saturday, Sunday, or a public holiday

observed at the place of delivery (including the relevant regional anniversary day). The same meaning

applies in our Refund Policy and our Shipping Policy.

YOUR RIGHTS THAT CANNOT BE EXCLUDED

Nothing in these Terms of Service excludes, restricts or modifies any guarantee, right or remedy that

you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law, where

that guarantee, right or remedy cannot lawfully be excluded, restricted or modified. If any provision of

these Terms would have that effect, that provision applies only to the extent that it lawfully can. This

paragraph prevails over every other provision of these Terms.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age.

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 of any product will be identical to how it is depicted or

rendered in our online store. Nothing in this section affects the guarantee of acceptable quality, or any

other guarantee under the Consumer Guarantees Act 1993, where that Act applies to your purchase.

All descriptions of products are subject to change at any time without notice before your order is

accepted. 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. Where we discontinue a product or limit

quantities after we have accepted your order, we will notify you and refund you in full for any part of

the order that we cannot supply.

Most of our stock is New Old Stock (NOS) - genuine, brand new, never installed parts sourced from

NZ trade and distributor warehouse clearances. The listing for each product states whether that

product is New Old Stock. Where a listing describes a part as genuine, we mean that it is a

manufacturer-original part; where a part is an aftermarket equivalent, the listing will say so. Fitment

information provided in our listings is based on supplier and manufacturer data and is provided as a

guide only. Please confirm that a part matches your exact vehicle, using your vehicle identification

details, before ordering. This does not affect the guarantee that goods correspond with their

description under section 9 of the Consumer Guarantees Act 1993.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Before you submit your order we will

show you a summary of it, and you will have the opportunity to check the order and correct any input

error. TheBros may decline your order where the product is unavailable, where there is an error in the

listed price or in the product description, where we are unable to verify your payment or delivery

details, or where we reasonably suspect fraudulent or unlawful use of the Services. 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 has been dispatched. 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. If we decline or

cancel an order after payment has been taken, we will refund you in full within five business days. You

may ask us to cancel or change your order at any time before it is dispatched by emailing

support@thebros.co.nz. We will do so where we are able to and will refund you in full for any part of

the order we do not supply.

Your purchases are subject to return or exchange in accordance with our Refund Policy. Your rights

under the Consumer Guarantees Act 1993 apply in addition to that policy.You represent and warrant that your purchases are for your own personal or household use and not

for commercial resale or export, unless you have signed a trade account acknowledgement that we

have accepted under section 4 or otherwise agreed with us in writing.

SECTION 4 - BUSINESS CUSTOMERS

This section applies only where you are in trade and you acquire products from us in trade and for the

purposes of a business, as that term is defined in the Consumer Guarantees Act 1993.

By signing our trade account acknowledgement, you confirm and agree that:

(a) you are in trade, and you are acquiring the products in trade and for the purposes of your

business;

(b) the provisions of the Consumer Guarantees Act 1993 do not apply to the supply;

(d) you have had the opportunity to obtain independent legal advice on this section; and

(e) in all the circumstances, it is fair and reasonable that you and TheBros are bound by this section.

Nothing in this section limits or excludes any guarantee, right, or remedy that cannot lawfully be

excluded or limited.

If you are purchasing as, or on behalf of, a business, you must complete and sign our trade account

acknowledgement, and we must accept it, before or at the time of your order, so that this section

applies. That acknowledgement is our agreement in writing that the products are supplied and

acquired in trade and for the purposes of a business, and that it is fair and reasonable that we are

both bound by this section. In the absence of an acknowledgement that we have accepted, 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 5 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. A change does not affect an

order that we have already accepted. 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 prices

shown to consumers are inclusive of GST. Prices quoted on a trade account may be exclusive of GST,

in which case we will say so at the time. Prices do not include shipping unless otherwise expressly

stated. If you are registered for GST and require taxable supply information for a purchase, please

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 6 - 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, and are not an agreed time for delivery. We are not

responsible for delays caused by shipping carriers or events outside our control. Shipping is charged

at a flat rate of $12 on orders under $100 and is free on orders of $100 or more, in each case for

delivery to any address in New Zealand, including rural addresses, whatever the size or weight of the

order. Full detail is available in our Shipping Policy .

SECTION 7 - TITLE AND SECURITY INTEREST

Where title in products has not passed to you, you hold those products as bailee for us and must keep

them separately identifiable. If you acquire products from us in trade, you acknowledge that these

Terms create a security interest in those products and in their proceeds under the Personal Property

Securities Act 1999, you will do anything we reasonably require to enable us to register a financing

statement and you waive your right under section 148 of that Act to receive a copy of any verification

statement. To the extent permitted by section 107(2) of that Act, sections 114(1)(a), 133 and 134 do

not apply, and you waive your rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131.

SECTION 8 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics,

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. Content submitted by customers, including product reviews, is dealt with

under section 14.

These Terms permit you to use the Services only to browse our store and to buy products from us.

They do not permit you to reproduce or commercially exploit the content of the Services. 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 9 - 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, except to the

extent that the Consumer Guarantees Act 1993 applies to our supply of those tools to you. To the

fullest extent permitted by law, we have no liability 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

SECTION 10 - 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.

To the fullest extent permitted by law, 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 11 - 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 a party to the contract of sale between you and TheBros,

and 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 12 - PRIVACY POLICY

All personal information we collect through the Services is subject to our 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. Our Privacy Policy explains the basis on which we disclose personal information outside New

Zealand, as required by information privacy principle 12 of the Privacy Act 2020. Review our Privacy

Policy for more detail on how we, Shopify, and our partners use your personal information.

SECTION 13 - MARKETING COMMUNICATIONS

We will only send you marketing emails or text messages where you have consented to receive them

or where the law otherwise permits us to do so. Every marketing message we send will identify us and

will include a functional unsubscribe facility, and we will action an unsubscribe request within five

working days. Unsubscribing from marketing does not stop us sending you messages about an order

you have placed or about these Terms.

SECTION 14 - 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. To the extent permitted by

law, you consent to those uses of your Feedback and waive the moral rights you have in it under Part

4 of the Copyright Act 1994.

We will not edit a review in a way that changes its meaning, and we will not publish Feedback in a way

that is misleading.

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 15 - 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 before your order is dispatched, and we will notify you promptly if we do so.

We will not charge you more than the price shown when you placed your order. If a price was listed

incorrectly, we will contact you and you may either confirm the order at the corrected price or cancel

it. If we cancel an order under this section after payment has been taken, we will refund you in full.

SECTION 16 - 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 accesscontrol measures we employ.

We reserve the right to suspend, disable, or terminate your account at any time, giving you notice

where it is practicable to do so, if we reasonably consider that you have breached these Terms.

Suspension or termination does not affect an order that we have already accepted, which we will

either fulfil or refund in full.

SECTION 17 - 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. Where an agent places an order on your behalf,

you are the customer for the purposes of these Terms and you are responsible for that order.

SECTION 18 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time by

giving you notice, and you will remain liable for all amounts due up to and including the date of

termination. Termination does not affect any right or obligation that has accrued before termination,

or any order that we have already accepted.SECTION 19 - EVENTS OUTSIDE OUR CONTROL

We are not liable for any failure or delay in performing our obligations under these Terms that is

caused by an event outside our reasonable control, including a natural disaster, epidemic, civil

emergency, strike, failure of a carrier or supplier, or failure of a telecommunications or payment

network. Where such an event prevents us from supplying products you have ordered, we will notify

you as soon as we reasonably can and will refund you in full for any part of the order that we cannot

supply. Nothing in this section limits your rights under the Consumer Guarantees Act 1993.

SECTION 20 - 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 are provided "as is" and "as available" without any representation,

warranty or condition of any kind, either express or implied. This section applies to our website and

the information on it. It does not apply to the products we sell you, which are covered by the

Consumer Guarantees Act 1993 where that Act applies. We do not guarantee that your use of the

Services will be uninterrupted, timely, secure, or error-free.

Nothing in these Terms limits any right you have under the Consumer Guarantees Act 1993 or the Fair

Trading Act 1986 that cannot lawfully be excluded.

SECTION 21 - 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.

Where our liability to you can lawfully be limited, our total liability in connection with an order is

limited to the amount you paid us for the products in that order. That limit does not apply to liability

for death or personal injury caused by our negligence, to fraud or fraudulent misrepresentation, or to

any other liability that cannot lawfully be limited.

SECTION 22 - 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 or (2)

your breach of any law or of the rights of a third party. Your liability under this indemnity is reduced to

the extent that the loss was caused or contributed to by us or by a person acting on our behalf. SECTION 23 - 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 24 - SURVIVAL

The provisions of these Terms dealing with intellectual property, feedback, disclaimer of warranties,

limitation of liability, indemnification, severability, governing law, and complaints and disputes

continue in force after these Terms end, together with any other provision that by its nature is

intended to continue. Termination does not affect any right or obligation that accrued before

termination.

SECTION 25 - 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.

Nothing in this section limits any liability we have for a misrepresentation, or the operation of section

50 of the Contract and Commercial Law Act 2017.

SECTION 26 - 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, provided that the assignment

does not reduce your rights under these Terms.

SECTION 27 - 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 non-exclusive jurisdiction of the courts of New Zealand. Nothing in this section prevents you from

bringing a claim in the Disputes Tribunal where that Tribunal has jurisdiction.

SECTION 28 - HEADINGS

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

affect these Terms.

SECTION 29 - 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. The Terms that apply to your order are the

Terms published on our website at the time you place that order. A change to these Terms takes effect

for future orders only.Where a change is material, we will display a notice on our website for at least 14 days before the

change takes effect, and each version of these Terms will carry the date on which it was published.

SECTION 30 - NOTICES

We may give you a notice under these Terms by email to the address you have given us, or by posting

it on our website. You may give us a notice by emailing support@thebros.co.nz or by writing to the

postal address in section 31. A notice sent by email is treated as received on the day it is sent, unless

the sender receives an automated notice of non-delivery.

SECTION 31 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

TheBros Limited (trading as TheBros)

Email: support@thebros.co.nz

Postal address: 25 Esk Street, Roslyn, Palmerston North 4414, New Zealand

Telephone: +64 27 979 7988

NZBN: 9429053602411 | Company number: 9422242

SECTION 32 - COMPLAINTS AND DISPUTES

If you are unhappy with a product or with our service, please contact us at support@thebros.co.nz in

the first instance. We will acknowledge your complaint within 10 business days and will work with you

in good faith to resolve it. Nothing in this section affects your right to take a complaint to the

Commerce Commission, the Disputes Tribunal, or a court.

Last updated: 17 August 2026