Terms and Conditions

Giltrap Group Store| Terms and Conditions, and Terms of Service

INTRODUCTION:

This website is operated by Giltrap Giltrap Holdings Ltd. Throughout the site, the terms “we”, “us” and “our”, or “Giltrap” refer to the Giltrap Group Store as an online retail outlet for Giltrap Group Holdings Ltd.

Level 2, 119 Great North Road, Grey Lynn, Auckland 1021, New Zealand.

09 376 0911 | info@giltrap.com

 

The Giltrap Group Store is a New Zealand only e-commerce retailer representing a collection of goods owned by Giltrap Group dealerships. Products available for purchase on this website originate from the brands Giltrap Group dealerships represent as official retailers.

The Giltrap Group 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 here.

These Terms and Conditions of Use ("terms") govern your use of this website. By accessing and browsing this website you agree to be bound, without limitation or qualification, to these 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.

JURISDICTION:

This website is provided to give information on Giltrap Group Holdings Limited ("Giltrap"), its related entities, and products available for purchase in New Zealand only. Any and all dealings and use of this website are governed by and shall be construed in accordance with New Zealand law. By accessing this website you unconditionally and irrevocably submit to the non-exclusive jurisdiction of the High Court of New Zealand.

INTELLECTUAL PROPERTY:

The text, images, graphics, sound files, animation files, video files, and their arrangement are all subject to copyright and other intellectual property protection. These objects may not be copied for use or distribution, nor may these objects be modified or reposted to other websites. This website may also contain images that are subject to the copyright of third parties. Giltrap Group reserve the right to use product information, graphics and images of items advertised for sale as agents and official/approved retailers of the originating licensed brand.

Unless otherwise indicated, all marks displayed on this website are subject to the New Zealand trade mark rights of Giltrap and its associated entities or are used with the permission of the relevant third parties. The unauthorised use of any trade mark displayed on this website is strictly prohibited.

GENERAL CONDITIONS – TERMS OF SERVICE & USE:

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.

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 New Zealand (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.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Giltrap Group, 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.

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, 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.

LIMITATION OF LIABILITY

In no case shall Giltrap Group, 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.

 

PRODUCTS OR SERVICES

Purchase of products listed on this website is limited to private customers for domestic use (as outlined in the Consumer Guarantees Act 1993), and is not available to repurposed for commercial gain.

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 Refunds and Return Policy. Our stock holding of products is updated at 9am daily via DealerPro, our Dealer Management System. Items purchased from the Giltrap Group Store may not be able to be fulfilled due to any unexpected changes in stock levels contained in DealerPro before 9am each day. If you have purchased an item, but it is not available, the relevant dealership or vendor will advise you by phone or email. In this instance, you are entitled to a refund, by which the relevant dealership/vendor will arrange with you directly.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

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 anytime 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.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

CONSUMER GUARANTEES – YOUR RIGHTS

You have the right to ask for a repair, replacement or refund (remedies) for products and services, but you may not always be entitled to these remedies.

Remedies under the Consumer Guarantees Act 1993 and other consumer laws may be available for products or services that are supplied to you for personal, domestic or household use (consumer products or services), but only if Giltrap fails to meet consumer guarantees regarding reasonable timeliness of delivery, acceptable quality, faults, differing product description or samples shown, and fitness for purpose, however does include a change of mind or circumstances.

CONSUMER GUARANTEES – OUR RIGHTS

Giltrap Group Store and its affiliates reserve the right to determine which remedy for a consumer guarantees breach is appropriate, and will offer this to the customer within a timely manner.

FAIR TRADING – OUR OBLIGATIONS

The Giltrap Group Store is obligated under the Fair Trading Act 1986 to ensure that it’s conduct in relation to the sale and advertisement of goods and services is not misleading or deceptive, and its representation of products and services is not false or misleading.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION – DISCLAIMER

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.

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.

ERRORS, INACCURACIES AND OMISSIONS – DISCLAIMER

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.

MODIFICATIONS TO SERVICE AND PRICES – DISCLIAMER

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.

PRICING AND SHIPPING COSTS

The prices of all products on this website are listed in $NZD and include GST of 15%. Transactions are billed as such. Shipping costs are added to each product using a zone/region based scale determined by the average standard (national) Parcel Sending Range of New Zealand Couriers. Shipping is available in New Zealand only.

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 e-mail and/or 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.

PAYMENTS

All payments are to be in $NZD and include GST of 15%.

Payments for items purchased through the Giltrap Group Store may only be made using only Visa or MasterCard credit cards, Visa or MasterCard debit cards, or a store credit / voucher issued by the Giltrap Group Store.

Payments are automatically captured and authorized at the time of purchase.

Discount codes may only be used once per transactions and must be issued by the Giltrap Group Store. Discount codes may not be used in conjunction with any other offers or store credit, gift card or voucher.

The Giltrap Group Store is not directly involved in the online payment but through third party service providers: Payment Express PxPay and ANZ Bank.

Upon completing a transaction using the service, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct.

We hold no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Service or for loss of data or information caused by factors beyond our control.

You will receive a confirmation email once the payment has been received.

Once a payment has been made it cannot be cancelled, however a refund may be available at the discretion of the Giltrap Group Store. Giltrap do not accept any responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer.

SHIPPING

Items sold through the Giltrap Group Store are processed, packaged and fulfilled by various Giltrap Group dealership parts departments/stockists (brand/product dependent). Freight arrangements may vary between dealerships, and the chosen shipping partner is at the sole discretion of the dealership. Due to the differences in service providers, delivery times may vary.

For general item orders received before 9:00am, Monday to Thursday, our commitment is to dispatch your order that same day. Orders received after 9:00am will be dispatched the following business day.

Orders received between 9:00am Thursday and 9:00am Friday will be dispatched on Friday but you may not see delivery of them until the following week.

For general items orders received after 9:00am on Friday and over the weekend your order will be processed for delivery and dispatched on Monday.

Standard (national – New Zealand) shipping of up to 3 working days apples to all general items. Rural Delivery may take between 3 and 5 working days.

For some large/oversized items, fragile or items over $500, we recommend pick up – available at the relevant Auckland dealership/vendor during normal business hours – weekdays from 9am – 5pm. In every case we will send you a dispatch email once we have processed your order, and discuss pick up options with you.

Shipping costs are added to each product using a zone/region based scale determined by the average standard (national) Parcel Sending Range of New Zealand Couriers.

Shipping costs applied to our products is as follows:

Local (Auckland): $10

Short Haul (Northland, Waikato, Bay of Plenty): $12

Long Haul – Lower North Island (Gisbourne, Hawke’s Bay, Manuatu-Wanganui, Taranaki, Wellington): $15

Inter-Island (Canterbury, Malborough, Nelson, Otago, Southland, Tasman, West Coast): $25

Shipping charges are added to the items and made clear at point of checkout, and before payment is made.

Items that are lost or damaged are the responsibility of the courier company used to ship items, by which you may be entitled to a refund. Please advise the Giltrap Group Store of any such incident.

If your order has not arrived with the estimated timeframe, and within a reasonable margin of this estimate, and/or in poor condition upon arrival to your address, you may contact the Giltrap Group Store with a request to return and refund the items.

Track and Trace is available upon arrangement with the dealership/sender. The dealership responsible for product dispatch will make contact with you directly by email to advise tracking details.

Pick up services are available upon request of the Giltrap Group Store at the point of the online  checkoutPick up requests will be confirmed by the applicable dealership/vendor after the purchase has been process.

Below are the locations of Giltrap Group Store's various dealerships. Please note that the brand of product(s) purchased will only be available for pick up from their corresponding dealer.

 

Independent Prestige | Lamborghini, Aston Martin and Bentley Merchandise

119 Great North Road, Grey Lynn, Auckland

09 974 8090

 

Giltrap Prestige | Porsche & Volkswagen Merchandise

100 Great North Road, Grey Lynn, Auckland

09 360 3200

 

Giltrap Audi | Audi Merchandise

150 Great North Road, Grey Lynn, Auckland

09 366 5250

 

Archibald & Shorter | Jaguar & Land Rover Merchandise

550 Great South Road, Greenlane, Auckland

09 917 9417

 

McLaren Auckland | McLaren Merchandise

19 Great North Road, Grey Lynn, Auckland

09 360 0500

 

Lexus of Auckland City | Lexus Merchandise

29 Great North Road, Grey Lynn, Auckland

09 370 0227

 

RETURNS & REFUNDS

Returns and refunds may be made with 10 working days of receiving delivery of an item. Eligibility of returns or refunds are determined by one of the following reasons:

  • Product significantly differs from the listed image on the website
  • The shipment arrived too late or no products were received
  • The item is faulty or is of poor quality
  • The item does not fit properly
  • The item received is incorrect
  • The parcel was damaged on arrival
  • The order was cancelled before shipment
  • Item has been purchased but is not in stock

Exclusions to returns or refund eligibility include:

  • Change of mind
  • Sale or discounted items
  • Items purchased by gift card or voucher

Items may only be returned for a refund by way of store credit or direct credit (into a designated New Zealand bank account) and cannot be exchanged for other items available on the website.

The cost of returns shipping is to be arranged between the dealership/vendor and the purchaser – this is dependent on the eligibility/reason of return.

The returned item must be in the condition it was received; not worn, used, washed, and include original tags and packaging. A copy of the invoice, the returns card, and shipping receipt, and proof of postage must accompany the returned item.

Returns can take up to 5 working days to arrive back to the Giltrap Group Store. Once the item has been received, contact will be made by the Giltrap Group Store within 2 working days advising eligibility and timing of the refund.

Refund by direct credit may take up to 5 working days. Contact will be made by the Giltrap Group Store advising eligibility and timing.

RETURNS PROCEDURE

If an item is to be returned, please notify the Giltrap Group Store directly by using the returns form page available on the website - https://giltrapstore.co.nz/returns or by phoning 09 376 0911.

Using the information provided by your invoice or order confirmation, please indicate the following:

  • Reason for Return
  • Brand / Vendor
  • Item Name
  • SKU / Product Code
  • Price
  • Delivery Address
  • First Name
  • Last Name
  • Email Address
  • Phone Number

Once this form has been submitted, the relevant dealership/vendor will be notified of your request and will contact you directly by email or phone to discuss the details of your return. It is at the discretion of the relevant dealership/vendor to determine the eligibility of the requested return, using the aforementioned reasons. It is also at the discretion of the relevant dealership/vendor to determine method and payment of the return shipment.

PRIVACY

You may be asked to give us personal information when you visit this website. 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.

It is your option to provide the information requested, but if you choose not to, we may not be able to make the full benefits of this website available to you. If you give us personal information, that information will be maintained in accordance with the New Zealand Privacy Act 1993.

Giltrap may use the personal information collected on this website for purposes such as arranging services, individual customer care, mailing of product information, market and product analysis, marketing, or general special offers for the purposes. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

The information may be stored, processed, and, if necessary, passed onto other entities within or associated to the Giltrap Group. The information collected through this website is held and controlled by Giltrap and its related parties.

All information collected on this website that is not expressly disclosed by you will be held and used on an anonymous basis. Giltrap may track your website usage for the purpose of collecting information relating to your access to, and use of, this website using "cookies". A cookie is a small data file that the website may write to your computer's hard drive to keep records of your website usage, and to authenticate that you are permitted to use the website. You can disable cookies at any time by turning them off in your browser. However, you may not be able to access some areas of the website and/or some areas of the website may not function properly if you do so. Giltrap also automatically receives your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Giltrap will endeavour to ensure that the personal information you provide is kept confidential between entities within or associated to the Giltrap Group, except where required by law.

You may request access to any readily retrievable information held about you and, where that information is inaccurate, ask for it to be corrected.

The information may include your name, address, telephone numbers, information on how you use our products and services (such as information on your browsing activity when visiting this website), and any other information collected in relation to your use of and interest in our products and services.

However, Giltrap will not be responsible for any breaches of security caused by third parties and does not represent that the website is completely secure.

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, third-party service providers, Shopify, Payment Express PxPay and ANZ Bank have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

ANALYTICS:

This website uses Google and ClickDimensions web analytics services. These services may record mouse clicks, mouse movements, scrolling activity as well as any text you type in this website. These services do not collect personally identifiable information that you do not voluntarily enter in this website. These services do not track your browsing habits across websites that are not the property of the Giltrap Group.

PRIVACY – SECURITY OF PERSONAL INFORMATION

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

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

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.

Your personal information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow and implement required and generally accepted industry standards.

Payment Express PxPay (our chosen payment gateway) will be used to complete your purchase, and will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

Payment Express PxPay adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, and American Express.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

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.

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.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with New Zealand Law.

 

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 contact our Compliance Officer at info@giltrap.com or by mail at

Giltrap Group Store

[Re: Compliance Officer]

119 Great North Road, Grey Lynn, Auckland 1021, New Zealand.