Terms & Conditions

1. DEFINITIONS AND INTERPRETATION

1.1. In these Terms (and in any contract to which these Terms apply) unless the context requires otherwise:

" Privacy Policy" means the Protect Mouthguards Privacy Policy as amended from time to time, available on the Website.
" Terms" means these standard terms and conditions of trade including each of the Protect Mouthguards Privacy Policy, Returns Policy and Terms of Use (which must be read together with and form part of these Terms) as amended from time to time, available on the Website.
" Terms of Use" means the terms of use of the Protect Mouthguards Website as amended from time to time, available on the Website.
" us/we/our" means Teamguard Limited t/a Protect Mouthguards.
" Website" means the Protect Mouthguards Website.

2. DEEMED ACCEPTANCE

2.1. By placing an order through the Website you are making an offer to purchase the selected products on these Terms which constitutes acceptance of and agreement to be bound by them.

2.2. If you are purchasing product on behalf of an entity such as a company or club, you warrant that by placing an order you have the necessary authority to agree to and be bound by these Terms on behalf of that entity.

2.3. If you do not accept any of these Terms, you must not use the Website or purchase our products.

2.4. You can review the most current version of our Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website.

2.5. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Website following the posting of any changes to our Terms constitutes acceptance of those changes.

2.6. By agreeing to these Terms, you represent that you are at least the age of majority and authorised to make payments using the selected payment method.

3. OUR PRODUCTS

3.1. Our products are intended for use only for those activities described on our Website.

3.2. The information on our Website is not intended to amount to advice on which you can rely. We do not accept any responsibility for any errors, omissions, or any inaccurate material or information on our Website.

3.3. Products to be used by children should only be used under proper adult supervision.

3.4. The size selection and suitability of products to be used by children remains at the discretion of the purchaser.

3.5. We reserve the right to discontinue any product at any time.

4. PRODUCT ORDERS

4.1. All orders are subject to availability. If for any reason a product is not available, we will endeavour to notify you of the non-availability on our Website.

4.2. After placing an order on the Website you will receive an e-mail acknowledging receipt although this does not mean that we have accepted your order.

4.3. Please note that there is no contract completed between us unless and until we have accepted your order. We will confirm that your order has been accepted in a further email ( Order Confirmation).

4.4. The Order Confirmation will also contain full details of your order and confirm delivery details.

4.5. At any point before you receive the Order Confirmation, we may decline to supply products to you without giving any reason.

4.6. You will only be charged for products purchased upon acceptance of your order.

5. PRICE AND PAYMENT

5.1. The prices for our products listed on this Website are in New Zealand dollars (NZD) and includes GST, but do not include any delivery charges.

5.2. The price of our products will be as quoted from time to time, except in the case of obvious errors. If a product is priced incorrectly we are under no obligation to provide the product at the incorrect price, where the error is obvious and could have been reasonably recognised as an error.

5.3. We reserve the right to change our prices, from time to time without notice. However, changes will not affect orders which we have accepted.

5.4. We will verify prices as part of the Order Confirmation and will contact you in the event of any mistake.

5.5. We accept debit and credit card payments noted on our Website as well as payment from your PayPal account if you have one.

5.6. All credit card payments are processed via Stripe and are subject to Stripe's terms and conditions which can be found here.

5.7. You will be liable for all orders placed using your debit/credit card details and agree to indemnify Protect Mouthguards against all losses, claims or damages arising from the use or misuse of your debit/credit card details by any other person.

5.8. At our sole discretion, schools, government organisations, clubs and approved customers may order product on account. All approved accounts require payment by the 20th of the month following the date of invoice. In this case, the customer will be liable for the total cost of products purchased plus delivery as well as all costs and disbursements incurred by us in recovering outstanding payments. The risk of all products shall only pass to the purchaser on delivery and title to the goods only pass once we receive payment of the purchase price and any other amounts owing to us in full.

6. DELIVERY

6.1. We do not deliver outside New Zealand, however, an overseas order may still be placed with a New Zealand delivery address.

6.2. Depending on the shipping option selected, delivery is made by courier or post.

6.3. The cost of delivery will be calculated once you enter your shipping details which is confirmed in the summary of total delivery costs before you complete your online order.

6.4. We make every effort to ensure orders are promptly dispatched for delivery within 2 days of payment received from you and us sending an Order Confirmation although this timeframe is an estimate only.

6.5. Delivery time will vary depending on the delivery option selected by you and is subject always to our third party carriers' estimated timelines depending on current demand and/or time of year.

6.6. We dispatch product for delivery on week days only (excluding public holidays).

6.7. We will not be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due in relation to the order not being fulfilled or the products not being delivered within the anticipated delivery times or any consequences (direct or indirect) arising from the late or non-delivery of goods due to events beyond our control.

7. LINKS TO OTHER SITES

7.1. The Website contains hyperlinks to websites owned and operated by third parties. We do not accept any responsibility for the content of third party websites or web pages, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which the website is linked.

7.2. Complaints, claims, concerns, or questions regarding third-party products should be directed to that third-party.

8. PERSONAL INFORMATION/ PRIVACY

8.1. We are committed to maintaining your privacy however we do collect personal information that you provide through the Website when you make an order for product.

8.2. The personal information we obtain, including your name, mailing address, email address, telephone number and credit card information will only be used for internal business and marketing purposes in accordance with our Privacy Policy.

8.3. For further details on how we use and keep your information please read our Privacy Polic here.

8.4. You may receive communications from us from time to time. If you do not wish to receive these communications you will be able to opt out of receiving this information by contacting us by email. Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

9. FORCE MAJEURE

9.1. We will not be liable for failure to perform any obligation under these Terms occasioned directly or indirectly, to any act of God, pandemics, any legislation or Government directive in respect of any pandemic, fire, act of government, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining stock or other supplies, and any other reason beyond our reasonable control.

9.2. We will not be responsible for any delivery delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

10. LIMITATION OF LIABILTY

10.1. Where you acquire or hold yourself out as acquiring product from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993, applicable provisions of the Fair Trading Act 1993 and all conditions, warranties and guarantees set out under Part 3 (Sale of Goods) of the Contract and Commercial Law Act 2017 (as amended or replaced from time to time) or otherwise implied by statute or common law will not apply and are excluded from these Terms.

10.2. To the greatest extent permitted by law:

10.2.1. we exclude all liability we may have to you for any claim except where we have acted in bad faith;

10.2.2. all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose; and

10.2.3. we will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Website or the accuracy or completeness of content on or accessed through it.

10.3. We are not responsible for indirect losses which happen as a side effect of the main loss or damage or losses which are not foreseeable by you and us (such as, but not limited to, loss of profits or business as applicable).

10.4. Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our directors and suppliers, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

11. CONSUMER GUARANTEES ACT

11.1. If your use of this Website or its content is subject to the Consumer Guarantees Act 1993 (CGA), you will have consumer rights and remedies which may not be excluded nor limited by the exclusions set out above.

11.2. The exclusions in these Terms do not limit any inalienable rights you may have under the CGA, Fair Trading Act 1986 and Contract and Commercial Law Act 2017.

12. RETURNS PROCESS

12.1. We stand by the quality of our products and we will make things right if you are not satisfied with the quality of your purchase.

12.2. You can return faulty products to receive a refund of the purchase price provided that the products are returned in their original condition with packaging.

12.3. For details of our returns process see our Returns Policy.

13. AVAILABILITY

13.1. We make every effort to ensure that this Website is fully operational at all times. However we cannot guarantee that the Website will be fault free.

13.2. Access to this Website may be interrupted or restricted from time to time to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

14. INDEMNIFICATION

14.1. You agree to indemnify, defend and hold harmless Protect Mouthguards and our directors and suppliers, from any claim or demand (including reasonable legal fees) made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

14.2. Where you or any other person who you act for or who you permit to act for you, supplies incorrect information for the purchase of a product and we incur costs concerning that incorrect information then we reserve the right to recover from you all such costs incurred by us (including legal costs on a solicitor-client basis).

15. GENERAL

15.1. Where these standard terms and conditions are inconsistent with any other documents (which form part of these Terms) relating to the order of the goods specified herein, these standard terms and conditions shall prevail.

15.2. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

15.3. The Terms posted on this Website constitute the entire agreement and understanding between you and us and governs all legal contracts between the parties, superseding any prior or contemporaneous oral agreements and communications (including, but not limited to, any prior versions of these Terms).

15.4. Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.5 The Courts of New Zealand shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these Terms, or with the use of our Website or supply of any of our goods and services.

15.6. Unless expressly provided otherwise, these Terms are not intended to confer a benefit on any person or class of person who is not a party to them.

15.7. We may deliver notices to you by sending an email to the address you have provided. Please be careful to ensure you provide us with the correct contact details. We will not be liable for communications not received due to an error in contact details provided by you.

RETURNS POLICY

1. DEFECTIVE Goods

1.1. Our mouthguards are personalised products and for this and hygiene reasons cannot be returned unless deemed to have a genuine fault of manufacture.

1.2. If, in the unlikely event we suspect that your product may be faulty, we will ask you to return the product so that we may examine the product.

1.3. Where we consider the product to be defective we will refund the cost of the purchase price and any delivery charges incurred by you.

1.4. Where you are entitled to a refund we will notify you via email as soon as possible and in any event within 10 working days of receiving the returned product.

2. GOODS DAMAGED ON DELIVERY AND ORDER SHORTAGES

2.1. If you receive an order with shortages, please contact Protect Mouthguards to arrange for delivery of the product shortage. You will not be charged for the freight costs of products sent out to satisfy product shortages.

2.2. If you receive damaged products, please save the items AND the original box and packaging it arrived in, notify the carrier and us immediately for an inspection and a pick up. We cannot guarantee a refund until the item is inspected and determined damaged.

3. ORDER DISCREPANCIES

3.1. We have made every effort to display as accurately as possible the colours and images of our products that appear on our Website. However, we cannot guarantee that your viewing device including mobile phone, laptop or computer monitor's display of any colour will be accurate/ true to life.

3.2. We make every effort to correctly fulfil orders.However if you receive an incorrect item or size/colour please contact us within 7 days of taking delivery for a Return Shipping Label.

3.3. We do not warrant that the products purchased from this Website will meet your expectations.

3.4. We do not offer a refund for products incorrectly ordered or no longer required by you.

3.5. We may, but are not obliged to, accept the return of products purchased due to change of mind.Where we agree to this (in writing) products must be returned in its original condition and original packaging within 7 days of receipt of the product. If we accept product returns for change of mind, you will only receive store credit.

4. RETURN REQUIREMENTS AND PROCESS

4.1. All returned products should contain original boxes, tags, packing materials, and other accessories and documentation provided on delivery.

4.2. All returns must first be authorised by Protect Mouthguards and a Returns Authorisation Number will be issued.Any goods returned without a Return Authorisation Number will not be accepted.

4.3. We try to process returns and exchanges as quickly as possible. However, if your return or exchange is time sensitive we suggest you place another order for the correct product you need and return the incorrect product to us. Once we receive the return we will credit your account.

4.4. All returns should be couriered to:

Protect Mouthguards
100 Kauri Crescent
RD1 Kumeu
Auckland
Attn: Returns

4.5. We hope you will be happy with your purchase. However, should you feel it necessary to return any product the processes set out in this policy must be followed.Please note we will not accept any returns or reimburse shipping costs for product returned outside of the processes set out in this policy.

4.6. We aim to make the returns process under this policy as simple and efficient as possible.Please contact us if you have any concerns by using the appropriate details on the Contact page of this Website.

PRIVACY POLICY

1. What this Policy Covers

1.1. The submission of personal information through this Website and how Teamguard Limited t/a Protect Mouthguards ("Protect Mouthguards") collects, uses, protects or otherwise handles your personal information is governed by the terms of this Privacy Policy in compliance with the Privacy Act 2020.

2. How Personal Information Is Collected

2.1. When registering on our Website to purchase our products you may be asked to enter your name, email address, phone number or other personal details.

3. Why Personal Information Is Collected

3.1. We may use the information we collect from you when you use our Website to:

• allow us to respond to your requests for goods or services
• send emails about what we offer
• follow up with you after correspondence (email or phone enquiries)
• compile aggregate data about Website traffic and Website interactions in order to offer better experiences and/or online systems in the future.We may also use trusted third-party services that track this information on our behalf.

4. How We Protect Your Information

4.1. Your personal information is contained in a database within secured networks and is only accessible by us and a very limited number of people who have special access rights to our systems and who are required to first agree to keep this information confidential.

5. Do We Transfer Personal Information

5.1. We may share personal information with our trusted third party service providers including website hosting partners and other parties who assist us in the operation of our Website and conducting our business. We would otherwise only release personal information when we are required by law to do so or to enforce our Website policies, protect our rights or other user's rights, property or safety.We do not sell, trade or otherwise transfer your personal information to third parties.

6. Use of Cookies

6.1. Cookies are small files that a website or its service provider transfers to your computer's hard drive through you web browser (if you allow this) that enables the website or service provider's system to recognise your browser and capture and remember certain information.We may use cookies to help us understand you preferences based on previous or current Website activity, which enable us to provide improved services and make use of our Website easier for you.We use cookies to help us compile aggregate data about Website traffic and Website interaction so we can offer better user experience in the future.

7. Right to Access and Correct Personal Information

7.1. You have the right to inspect your personal information we hold and to request correction of this information at any time where it is in error.

8. How to Contact Us

8.1. If you have any questions about this Privacy Policy, please email info@protectmouthguards.co.nz or call Tami Metcalfe on 021 450 880.

9. Governing Law

9.1. This privacy policy is governed by and construed in accordance with the laws of New Zealand.

10. Changes to this Policy

10.1.The terms of this privacy policy may be changed from time to time without prior notice to you. All changes to this policy will be effective immediately once posted on our Website.