Terms and Conditions

Effective date: November 2025

These Terms and Conditions (“Terms”, “Terms and Conditions”) apply to your use of www.ericksenhonda.co.nz (“the Site”) and any purchases made through the Site. The Site is operated by Ericksen Motorcycle & Marine Limited (“Ericksen Honda”, “we”, “us”, or “our”).

By accessing or using the Site in any way, including browsing, placing an order, or submitting content, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site.

Nothing in these Terms is intended to limit your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 (New Zealand), where those laws apply.

1. Online Store & Shopify Platform

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

By using our Site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms, including any additional terms, policies or notices referenced here or available by hyperlink (such as our Privacy Policy and Returns Policy).

We may update these Terms from time to time by posting a new version on the Site. Your continued use of the Site after any changes are posted constitutes acceptance of those changes.

2. Eligibility & Use of the Site

By agreeing to these Terms, you confirm that:

• You are at least 18 years old, or
  
• You are using the Site under the supervision and with the consent of a parent or legal guardian.
  

You agree not to use our products or the Site for any unlawful or unauthorised purpose and not to violate any applicable New Zealand laws.

You must not upload or transmit any viruses, malicious code, or anything designed to interfere with the proper operation of the Site or Service.

We may terminate or suspend your access to the Site or Service immediately, without notice, if we believe you have breached these Terms.

3. Purchases, Pricing & Payment

3.1 Purchases & Order Acceptance

All orders placed through the Site are offers to purchase products at the price listed (including GST) plus any applicable shipping charges.

We reserve the right to:

• Accept or decline any order, in whole or in part
  
• Limit quantities per customer, per household, or per order
  
• Cancel an order and provide a refund if a product is unavailable, incorrectly priced, or there is an error in the listing
  

If we cancel or amend your order, we will attempt to notify you using the contact details provided at checkout.

3.2 Pricing

• All prices are in New Zealand Dollars (NZD) and are GST inclusive, unless stated otherwise.
  
• We reserve the right to change prices at any time without notice.
  
• Any promotions or discounts are subject to specific terms and may be withdrawn at any time.
  

3.3 Payment & Credit Cards

Payments are processed securely through Shopify’s payment gateway and/or other approved payment providers (e.g. credit card processors, Afterpay, etc.).

• We do not store your full credit card details.
  
• Payment must be received before your order is shipped.
  
• If you have questions about charges to your card, please contact us at sales@ericksenhonda.co.nz or +64 6 836 6298.
  

4. Shipping, Delivery & Risk

We will do our best to dispatch orders within the timeframes stated on the Site. However, shipping times are estimates only and may be affected by factors outside our control.

• Risk in the products passes to you when they are delivered to the address you provide.
  
• Title in the products passes to you once we have received full payment.
  

If you experience any issues with delivery, please contact us as soon as possible.

5. Returns, Refunds & Cancellations

5.1 Incorrect or Missing Items

If you have received an incorrect item, or your order has not arrived as expected, please contact us:

• Email: sales@ericksenhonda.co.nz
  
• Phone: +64 6 836 6298
  

Please notify us as soon as reasonably possible after delivery (or expected delivery). We may ask you for supporting information (e.g. photos), and we may request that the item be returned to us for inspection.

If we ask you to return items, please send them to:

Ericksen Honda – Motorcycle & Marine

15 Hill Road, Bay View

Napier 4104

New Zealand

Items should be securely packed (preferably in the original packaging) and returned in good condition. Once we receive and inspect the product, we will process any applicable credit or replacement within a reasonable timeframe.

Note: Your rights under the Consumer Guarantees Act 1993 apply in addition to this policy and are not limited by it.

5.2 Change of Mind

Change-of-mind returns are at our discretion. If we agree to accept a change-of-mind return, the product must:

• Be unused and in resaleable condition
  
• Be in original packaging (where possible)
  
• Be returned within the timeframe communicated to you
  

Any refund for change-of-mind may exclude shipping costs and may be subject to a restocking fee.

5.3 Order Cancellations

If you wish to cancel an order, please contact us promptly by phone or email:

• Phone: +64 6 836 6298
  
• Email: sales@ericksenhonda.co.nz
  

If your order has already been dispatched, you may need to return the products in accordance with the Returns Policy above. We reserve the right to decline cancellations once an order is processed or shipped.

6. Products, Availability & Descriptions

Certain products or services may be available exclusively online via the Site and may have limited quantities.

We make reasonable efforts to ensure product descriptions, images, and specifications are accurate. However:

• Colours and appearance may vary depending on your device display.
  
• We do not warrant that product descriptions or other content are error-free, complete or current.
  

We reserve the right to:

• Limit the sale of products or services to any person or region
  
• Limit quantities of any products or services
  
• Discontinue any product at any time
  
• Correct any errors, inaccuracies, or omissions (including after an order has been placed)
  

7. Your Account & Information

You agree to provide current, complete and accurate information for all purchases made on our Site, including your contact, billing and shipping details.

You are responsible for keeping your account details and password secure and for all activity that occurs under your account.

8. Third-Party Services & Links

Our Site may include links to third-party websites or services and may make use of third-party tools (such as payment gateways, analytics services, or shipping providers).

We are not responsible for:

• The content, accuracy, or availability of third-party sites
  
• Any loss or damage arising from your use of third-party websites, products, or services
  

You should review the terms and privacy policies of any third-party site before engaging in any transaction or providing personal information.

9. User Content, Feedback & Reviews

If you submit comments, feedback, reviews, ideas or other materials (“Comments”) to us (online, by email, by post, or otherwise), you agree that we may:

• Use, edit, copy, publish, translate and distribute such Comments without restriction
  
• Use them without any obligation to maintain confidentiality, provide compensation, or respond
  

You confirm that:

• Your Comments do not infringe any third party’s rights (including privacy, copyright, or trade marks)
  
• Your Comments are not unlawful, abusive, defamatory, obscene, or otherwise objectionable
  
• Your Comments do not contain viruses or malicious code
  

We may remove or edit any Comments we consider inappropriate, in our sole discretion.

10. Personal Information & Privacy

Your submission of personal information through the Site is governed by our Privacy Policy, which forms part of these Terms.

Please review our Privacy Policy for information on how we collect, use, and protect your personal information.

11. Prohibited Uses

You must not use the Site or its content:

• For any unlawful purpose
  
• To solicit others to engage in unlawful acts
  
• To violate any applicable laws or regulations
  
• To infringe our intellectual property or that of others
  
• To harass, abuse, insult, defame, intimidate or discriminate
  
• To submit false or misleading information
  
• To upload or transmit viruses or malicious code
  
• To collect or track personal information of others without consent
  
• To spam, phish, crawl, or scrape
  
• To interfere with the security or operation of the Site or related systems
  

We may terminate your use of the Site for any prohibited use.

12. Disclaimer of Warranties

To the maximum extent permitted by New Zealand law:

• The Site, Service, and all products are provided “as is” and “as available”.
  
• We do not guarantee that the Site will be uninterrupted, secure, error-free, or free of viruses.
  
• We make no representations or warranties of any kind, express or implied, except as expressly set out in these Terms or required by law.
  

Nothing in this clause is intended to limit your non-excludable rights under the Consumer Guarantees Act 1993 and other applicable New Zealand consumer laws.

13. Limitation of Liability

To the maximum extent permitted by New Zealand law:

• Ericksen Honda and our directors, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, or consequential loss, including loss of profits, revenue, data or savings, arising out of your use of the Site or purchase of products.
  
• Our total aggregate liability to you for any claim arising out of or in connection with the Site or any products will not exceed the amount you paid for the relevant product(s).
  

Nothing in these Terms is intended to exclude or limit liability where it would be unlawful to do so, including liability under the Consumer Guarantees Act 1993 where applicable.

If you acquire products from us for business purposes (as defined in the Consumer Guarantees Act 1993), you agree that the guarantees under that Act do not apply.

14. Indemnity

You agree to indemnify and hold harmless Ericksen Honda, its directors, officers, employees and agents from any claims, losses, damages, or expenses (including legal costs) arising from:

• Your breach of these Terms; or
  
• Your violation of any law or the rights of a third party.
  

15. Severability

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

16. Termination

These Terms remain effective unless terminated by either you or us.

You may terminate these Terms at any time by stopping use of the Site and notifying us if required. We may terminate this agreement without notice if we believe you have breached these Terms, and you will remain liable for all amounts due up to the date of termination.

17. Entire Agreement

These Terms, together with any other policies or notices posted on the Site (including our Privacy Policy and Returns Policy), constitute the entire agreement between you and us regarding your use of the Site and supersede any prior agreements or understandings.

18. Governing Law & Jurisdiction

These Terms and any disputes relating to them or your use of the Site are governed by the laws of New Zealand.

You submit to the non-exclusive jurisdiction of the New Zealand courts in relation to any dispute arising from or connected with these Terms or the Site.

19. Changes to These Terms

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

We reserve the right to update, change or replace any part of these Terms by posting updates on the Site. It is your responsibility to check this page periodically for changes. Your continued use of the Site or Service after changes are posted constitutes acceptance of those changes.

20. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

• Phone: +64 6 836 6298
  
• Email: sales@ericksenhonda.co.nz
  
• Postal Address: Ericksen Honda – Motorcycle & Marine, 15 Hill Road, Bay View, Napier 4104, New Zealand