234 Annex Road
Phone: +64 03 338 9917
Fax: +64 03 338 2217
WELCOME TO THE MCPHAIL SPORTS WEB SITE (“SITE”). PLEASE REVIEW THE FOLLOWING BASIC TERMS THAT GOVERN YOUR USE OF AND PURCHASE OF PRODUCTS FROM OUR SITE. PLEASE NOTE THAT YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THOSE TERMS (THE “AGREEMENT”).
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by McPhail Sports Ltd. collectively, and its subsidiaries and/or affiliates (“Body Glove” or “Boom Skateboarding”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by McPhail Sports Ltd. BODY GLOVE and all other BODY GLOVE trademarks appearing at this Site are trademarks of Body Glove and/or its licensees. BOOM SKATEBOARDING and all other BOOM SKATEBOARDING trademarks appearing at this Site are trademarks of Boom Skateboarding and/or its licensees.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to McPhail Sports Ltd on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain McPhail Sports Ltd property. Such disclosure, submission or offer of any Comments shall constitute an assignment to McPhail Sports Ltd of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, McPhail Sports Ltd will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. McPhail Sports Ltd is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that McPhail Sports Ltd may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that McPhail Sports Ltd may use your information for marketing and promotional purposes.
You agree that McPhail Sports Ltd may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of McPhail Sports Ltd products or services, or for such other purpose(s) as McPhail Sports Ltd deems appropriate.
Most McPhail Sports Ltd products displayed at the Site are available only in this online store in New Zealand. In some cases, merchandise displayed for sale at the Site may not be available in retail stores.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
To the extent that this Site contains links to outside services and resources, the availability and content of which McPhail Sports Ltd does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT MCPHAIL SPORTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
From time to time there may be information on mcphailsports.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your online purchase you may return it with your invoice to the authorized Body Glove retailer through which you purchased the product online, or to the Body Glove manufacturer by mail. Please see our Return Policy.
You agree to defend, indemnify and hold McPhail Sports Ltd harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
Unless otherwise specified and except to the extent McPhail Sports Ltd products are offered for sale in the New Zealand through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting McPhail Sports Ltd’s products and services available in the New Zealand and select foreign markets. This Site is controlled and operated by McPhail Sports Ltd (MSL) from its offices in Christchurch, New Zealand.
This Agreement shall be construed in accordance with the laws of the New Zealand, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by New Zealand courts.
This Agreement is effective unless and until terminated by either you or McPhail Sports Ltd. You may terminate this Agreement at any time. McPhail Sports Ltd also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in McPhail Sports Ltd’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or McPhail Sports Ltd, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
In the event you are not fully satisfied with the merchandise you have purchased online, you have the option to return the item(s) directly to the manufacturer. You have 30 days from the receipt of the online shipment to return any item for credit or exchange, provided the merchandise is still tagged, unused, in original condition, and is returned in the original shipping container.
A copy of your original email order confirmation or your Packing List must be included in the box with the returned merchandise. Please indicate clearly what item(s) are being returned and whether you would like credit or an exchange of a different size &/or color.
If a preprinted return label is included with the shipment’s packing slip, place it on the original shipping box for return shipment. McPhail Sports Ltd strongly recommends that you use a traceable method such as Courier tracked post for return shipment in order to ensure and track the return of your merchandise. McPhail Sports Ltd is not responsible if your shipment is lost in return transit.
Upon the manufacturer’s receipt and verification of return, you will be issued a credit to the credit card used for purchase or an exchange within 5 business days, provided the items(s) were returned in the conditions stated above. All other returns are subject to approval. Refunds to the credit card will be from Mcphail Sports Limited (MSL) Please refer to the individual item customer service contact information on your original email confirmation should you have any questions about your return. Please use the below address to send your returns:
McPhail Sports Ltd
234 Annex Road