Terms of service

1. Online Store Terms

By using this website or purchasing from Fifth Gear Streetwear, you confirm that you are legally able to enter into a purchase agreement.

You must not use our products, website or services for any unlawful or unauthorised purpose.

You must not transmit viruses, malicious code or anything else that could damage, interfere with or disrupt our website or services.

We reserve the right to refuse service where reasonably necessary, subject to applicable law.

2. Products

We make reasonable efforts to display our products, colours, designs and images as accurately as possible.

However, colours and appearance may vary slightly depending on your device, screen settings, lighting and other factors.

Product descriptions, prices and availability may be changed or updated from time to time.

We may discontinue products or limit quantities available for purchase.

All products remain subject to availability.

Nothing in this section limits your rights where a product does not match its description or otherwise fails to meet the guarantees required by New Zealand consumer law.

3. Orders

When you place an order with Fifth Gear Streetwear, you are making an offer to purchase the products in your order.

An order is accepted once we confirm your order and successfully process payment.

We reserve the right to refuse or cancel an order where reasonably necessary, including where:

A product is unavailable
Incorrect pricing or product information has been displayed
We suspect fraudulent or unauthorised activity
Payment cannot be successfully processed
An order has been placed in breach of these Terms

If we cancel an order after payment has been taken, we will refund the relevant amount.

Please carefully check your order, including your size, colour, delivery address and other details, before completing your purchase.

Once an order has entered processing or fulfilment, we may not be able to change or cancel it.

Returns and exchanges are handled in accordance with our Returns & Refund Policy.

4. Prices and Payment

All prices displayed on our website are in New Zealand dollars (NZD) unless otherwise stated.

Prices may change without notice.

The price charged will be the price displayed when you complete your order, subject to correction of genuine errors.

Shipping costs and any other applicable charges will be shown during checkout before payment is completed.

You agree to provide current, complete and accurate billing and payment information.

You confirm that you are authorised to use the payment method supplied for your purchase.

5. Promotions and Discount Codes

From time to time, Fifth Gear Streetwear may offer promotions, sales or discount codes.

Promotional offers may:

Be available for a limited period
Apply only to selected products
Have minimum purchase requirements
Be limited to one use per customer
Be unable to be combined with other offers

Additional terms may apply to individual promotions.

We reserve the right to correct genuine promotional or pricing errors.

6. Shipping and Delivery

Delivery timeframes shown on our website are estimates unless expressly stated otherwise.

We will make reasonable efforts to dispatch orders within the stated timeframe.

Delivery may occasionally be affected by circumstances outside our reasonable control, including courier delays, severe weather, public holidays or other disruptions.

If there is a significant issue with your delivery, please contact:

fifthgearstreetwear@gmail.com

Nothing in this section limits any rights you may have under New Zealand consumer law regarding delivery of goods.

7. Returns, Exchanges and Refunds

Returns, exchanges and refunds are handled in accordance with our Returns & Refund Policy.

Our voluntary return policy is provided in addition to your rights under New Zealand consumer law.

Nothing in our Returns & Refund Policy excludes or limits your rights where goods are faulty, damaged, incorrectly supplied, do not match their description, or otherwise fail to comply with the Consumer Guarantees Act.

8. Intellectual Property

Unless otherwise stated, the content of this website, including:

Fifth Gear Streetwear branding
Logos
Original graphics
Product designs
Photographs
Artwork
Written content
Website design
Videos
Promotional material

is owned by or licensed to Fifth Gear Streetwear and is protected by applicable intellectual property laws.

You may use our website for personal, non-commercial purposes.

You must not copy, reproduce, distribute, sell, modify or commercially exploit our protected content without our prior written permission.

Third-party trademarks and intellectual property remain the property of their respective owners.

9. Third-Party Services and Links

Our website may contain links to or integrations with third-party websites and services.

These may include payment providers, social media platforms, delivery companies and other service providers.

Third-party websites operate independently from Fifth Gear Streetwear and may have their own terms, privacy policies and practices.

We are not responsible for the content or operation of third-party websites that are outside our control.

Please review the relevant third-party terms before using their services.

10. Shopify

Our store is hosted using Shopify.

Shopify provides the ecommerce technology that enables us to operate our online store.

Purchases made through Fifth Gear Streetwear are transactions between you and Fifth Gear Streetwear.

Shopify is not the seller of Fifth Gear Streetwear products.

Your use of Shopify-related functionality may also be subject to Shopify's applicable policies.

11. Privacy

Your privacy is important to us.

Personal information collected through our website is handled in accordance with our Privacy Policy and applicable New Zealand privacy law.

Because our store is powered by Shopify and may use other service providers, information may be processed by those providers where necessary to operate our store, process payments, fulfil orders and provide our services.

Please review our Privacy Policy for further information.

12. Customer Reviews, Photos and Feedback

If you voluntarily submit a product review, photograph, comment, suggestion or other feedback to Fifth Gear Streetwear, you confirm that you have the right to provide that material.

You agree that we may use feedback or reviews for reasonable business and promotional purposes, subject to applicable privacy and intellectual property laws.

You must not submit content that:

Is unlawful
Is knowingly false or misleading
Infringes another person's intellectual property
Contains malicious software
Is abusive, threatening or defamatory

We reserve the right to moderate or remove content where reasonably necessary.

13. Errors and Inaccuracies

Occasionally our website may contain typographical errors, incorrect prices, incorrect descriptions, availability errors or other inaccuracies.

We reserve the right to correct genuine errors and update information.

Where an error affects an order you have already placed, we will contact you where appropriate and handle the matter fairly and in accordance with applicable law.

14. Prohibited Uses

You must not use our website or services:

For unlawful purposes
To infringe intellectual property rights
To distribute malicious software
To obtain unauthorised access to systems or accounts
To interfere with the security or operation of the website
To harvest personal information without permission
To send spam or fraudulent communications
To impersonate another person
To engage in fraudulent purchasing activity
To otherwise misuse the website or services

We may restrict or suspend access where we reasonably believe these Terms have been breached.

15. Consumer Guarantees

Our products come with rights and guarantees that may apply under the Consumer Guarantees Act 1993.

These rights cannot be excluded where the Act applies.

Depending on the circumstances, if goods fail to meet the guarantees required by law, you may be entitled to a repair, replacement, refund or another remedy provided under New Zealand law.

Our voluntary warranties, returns policies and store policies operate in addition to these statutory rights.

16. Liability

To the maximum extent permitted by New Zealand law, Fifth Gear Streetwear will not be liable for indirect or consequential losses arising from circumstances beyond our reasonable control.

However, nothing in these Terms excludes, restricts or modifies any liability or consumer right that cannot lawfully be excluded under the Consumer Guarantees Act, Fair Trading Act or other applicable New Zealand legislation.

17. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, website, services or legal obligations.

The latest version will be published on this page.

Changes will apply from the date they are published unless otherwise stated.

Your continued use of our website following an update means the updated Terms will apply to future use of the website and future purchases, subject to applicable law.

18. Governing Law

These Terms are governed by the laws of New Zealand.

Any dispute relating to these Terms or your use of our services will be dealt with in accordance with New Zealand law and through the courts or dispute resolution bodies having appropriate jurisdiction.

Nothing in this section limits any rights available to consumers under applicable law.