Wildsyde products sold in New Zealand are imported and distributed by Pacific Blue Sports Ltd. We are proud to support our customers and abide by our legal obligations under the Fair Trading Act and the Consumer Guarantees Act.

· Consumer Guarantees Act 1993: the Consumer Guarantee Act sets out minimum standards for goods sold by Pacific Blue Sports Ltd. In the event that goods sold are not of good quality or are faulty, the customer has the right to a repair, replacement or a refund.

· Fair Trading Act 1986: the Fair Trading Act is designed to protect the customer being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including: pricing; where the product was made; where the product is from; the meeting of New Zealand safety standards; availability of products in store and the sales techniques used. The Commerce Commission enforces the Fair Trading Act 1986.

Warranty details:

The warranty applies only to Pacific Blue Sports Ltd new products purchased from an authorised Pacific Blue Sports Ltd dealer, distributor, or online store and is extended only to the original purchaser ("owner") for a period of 365 days (one year) from the purchase date. All warranty claims must be accompanied by the original purchase receipt from an authorised Pacific Blue Sports Ltd dealer, distributor, or website. Purchase of used, ex demo, factory seconds or online specials are not covered by warranty at any time.

Pacific Blue Sports Ltd warrants all products sold by authorised dealers and distributors to be free of defects in material or workmanship. Pacific Blue Sports Ltd's only responsibility shall be limited to repair or replacement of the defective product. Pacific Blue Sports Ltd will not be responsible for any costs, losses or damages incurred as a result of loss or use of product. 

Coverage under this limited warranty is void if any modifications or alterations have been made to a Pacific Blue Sports Ltd product not specifically authorised in writing by Pacific Blue Sports Ltd, and Pacific Blue Sports Ltd products are not covered by any verbal warranties.

Excluded from coverage under this warranty are the following:

· Damage or breakage from wear and tear

· Impact-related damage or breakage

· Damage resulting from abuse, misuse or carelessness

· Intentional damage and/or breakage

· Edge chipping and/or pressure cracking from normal wear and abuse

· Damage resulting from improper installation of accessories

· Any damage caused from anything other than defects in material or workmanship

· Damage from the use of solvents or adhesives

If a defect arises to the Pacific Blue Sports Ltd product within the limited warranty period, the user should promptly return the product to the authorised Pacific Blue Sports Ltd dealer or distributor from whom they were purchased or directly back to Pacific Blue Sports Ltd by request. Pacific Blue Sports Ltd will not be responsible for any costs, such as, but not limited to handling, shipping or insurance.

Furthermore, if the Pacific Blue Sports Ltd part(s) that need to be replaced are from a discontinued model, they will be replaced with products of comparative models or performance. Authorised Pacific Blue Sports Ltd dealers or distributors do not have the authority to alter, modify, or in any way change the terms or conditions of this warranty.

How it works:

· If you experience an issue with your product while it's under warranty, please contact us at sales@e-bikes.kiwi, with a copy of the original proof of purchase and an explanation of what's wrong, and we'll be happy to assist. 

· We assess warranty claims on a case by case basis, depending on the specific circumstances and issues at hand. If we agree that the product needs to be returned for further assessment or repair, we will provide you with a return address and advise who is responsible for paying the freight costs.

· All products must be shipped insured and with tracking included. Pacific Blue Sports Ltd assumes no responsibility for products during shipment from the owner to a Pacific Blue Sports Ltd authorised dealer, distributor, or Pacific Blue Sports Ltd facility. 

We want you to be happy with the products you purchase from Pacific Blue Sports Limited, dealers and distributors. If you're unsatisfied with a product, are experiencing issues covered under warranty, want to exchange or get a refund, or simply need support, we're here to help. Contact our friendly team at sales@e-bikes.kiwi and we'll be glad to assist.

Return guidelines:

· Returns and exchanges will only be accepted within 21 days of the invoice date and must be accompanied by the original purchase receipt.

· All items must be unused and in resalable condition to be eligible for a return or exchange, unless they are subject to a valid warranty claim.

· All original parts, wrapping, packing material and tags must be completely intact and undamaged. Exceptions will exist if there is a manufacturer defect or other issue covered by warranty.

· Parts must be returned unopened and unused.

Returned merchandise is subject to inspection before issuing a refund or exchange. Once product condition is determined, we will issue a refund or exchange the product. A refund will be processed (excluding original shipping costs and/or restocking fees as agreed) to your credit card or bank account 7 to 14 days after we receive the returned product. Please note that it can take up to 10 days for refunds to arrive back in your account. Customers are responsible for all shipping costs unless the product is defective or there was an error in filling the order, in which case we will gladly issue a reimbursement.

For product exchanges, item(s) must be returned unused and in resalable condition (as outlined above). A written explanation of the exchange with your contact info, including an original purchase receipt must accompany the product. 

Changed your mind?

Pacific Blue Sports Limited is not required to provide a refund in the instance that a customer has changed their mind after purchase - so please choose carefully (and book a demo if you'd like to try before you buy). However, if the product is in a new and resalable condition with original packaging, we are happy to assess on a case by case basis (if the product is within 21 days of original purchase). A restocking fee may be charged. If you have any questions regarding our return policies, please contact our friendly team at sales@e-bikes.kiwi.

We offer free shipping on all bikes (and orders over $500NZD) within mainland New Zealand. This excludes bikes being sent to the Chatham Islands, Stewart Island, and other outlying islands. 

Monday through Friday, all orders are processed within 24 hours of order receipt and in-stock orders will typically ship within 3 business days. Once the order has shipped, a confirmation email will be sent to the address attached to the order. Pre-orders and orders for bikes not currently in stock require a deposit and you will be notified separately of the expected delivery time. We do not ship to P.O. boxes. 

Shipping Damage Claims:

IMMEDIATELY upon delivery, inspect your outer carton and e-bike for damage and take and date photographs if necessary. Ensure you acknowledge in writing any damage to the packaging or contents with the carrier before signing for receipt. Freight damage claims are extremely time sensitive. Report damage claims within 48 hours of delivery to sales@e-bikes.kiwi. Keep all packaging and paperwork until the inspection process is complete. We will not accept freight/shipping damage claims later than 48 hours from receipt of product.

If you have any questions regarding shipping, please do not hesitate to contact us.

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase a product or book a test-ride from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer's internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing: with your explicit permission, we may send you emails about our store, new products and other updates. You may unsubscribe from such emails at any time.

SECTION 2 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will ask you directly for your expressed consent.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at sales@e-bikes.kiwi or mailing us at PO Box 37 185, Parnell, Auckland.

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms and Conditions.

SECTION 4 - OUR WEBSITE

Our online store is powered by Shopify. This provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is securely stored through data storage, databases and the general ecommerce application.

Payment

All information you provide to us is stored on secure servers and any payment transactions will be encrypted using SSL technology. Where we have given you, or where you have chosen, a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We will do our best to protect your personal data, but we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our store's website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website's Terms and Conditions.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Although no method of transmission over the Internet or electronic storage is 100% secure, we take reasonable precautions to protect your information.

SECTION 7 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your region, state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact us by email at ant@e-bikes.kiwi or by mail at Wildsyde NZ, PO Box 37 185, Parnell, Auckland, attn: Ant Broadhead.

All trademarks, service marks and trade names of Wildsyde LLC used in the site are trademarks or registered trademarks of Wildsyde LLC and Mr. Paul W. R. Hields.

Overview

This website is operated by Pacific Blue Sports Ltd. Throughout the site, the terms "we", "us" and "our" refer to Pacific Blue Sports Ltd. Pacific Blue Sports Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated on this page.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

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

Bike Performance:

Pacific Blue Sports Ltd. does not guarantee the range of a single battery charge—all expected ranges on our e-bikes are estimates dependent on factors such as, but not limited to speed, terrain, age of the battery, outside temperature, payload, and level of assist.

Orders Flagged as Fraud:

We reserve the right to refuse to fulfill any orders that are flagged by our system or appear as fraudulent. In such cases, we will refund your order. If your order was flagged and you were refunded, please contact us.

Typographical Errors:

In the event that a Pacific Blue Sports Ltd. product is mistakenly listed at an incorrect price, Pacific Blue Sports Ltd. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Pacific Blue Sports Ltd. reserves the right to refuse or cancel any such orders regardless of whether the order has been confirmed and your credit card charged or not. If your credit card has already been charged for the purchase and your order is cancelled, Pacific Blue Sports Ltd. shall issue a credit to your credit card account in the amount of the incorrect price.

Notice:

Pacific Blue Sports Ltd. may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to Pacific Blue Sports Ltd.

Accuracy, completeness, and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the service and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Any issues with the quality of goods provided will be handled under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and the warranty conditions offered by the manufacturer.

Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or the billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

For more detail, please review our Returns Policy.

Third-party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.

User comments, feedback, and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, inaccuracies, and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer or warranties; limitation of liability

In no case shall Pacific Blue Sports Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Pacific Blue Sports Ltd., and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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.

Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at 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 or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact information

Questions about the Terms of Service should be sent to us at ant@e-bikes.kiwi.