Terms & Conditions
1.0 Overview
These Terms and Conditions set out essential information about the rights and responsibilities of VULY NZ LIMITED (Company Number 6340414, NZBN 9429046246202) and its customers in New Zealand. In these Terms and Conditions, "Vuly", "Vuly Play", "we", "us" and "our" refer to VULY NZ LIMITED, unless the context requires otherwise.
These Terms and Conditions apply to the purchase, supply and use of Vuly products and related services in New Zealand. They also apply to use of the New Zealand areas of the Vuly website, unless separate terms apply.
Vuly may amend, update or replace these Terms and Conditions from time to time. The version that applies to a customer's order is the version published or otherwise provided to the customer at the time the order is accepted, unless a change is required by law or is expressly agreed by the customer.
While Vuly endeavours to keep information on www.vulyplay.com accurate and up to date, Vuly cannot guarantee that all website information is current at all times. Please contact Vuly on [insert New Zealand phone number] if you believe you do not have access to the most recent New Zealand Terms and Conditions.
2.0 Agreement
By accessing or using the Vuly website, submitting an order, purchasing a product, registering a product, making a warranty claim, participating in a Vuly programme or otherwise interacting with Vuly in New Zealand, you agree to be bound by these Terms and Conditions to the extent permitted by law.
If you do not agree to these Terms and Conditions, you should not purchase products from Vuly or use services supplied by Vuly.
If you purchase a product on behalf of another person, business, trust, school, organisation or entity, you warrant that you are authorised to act on that person or entity's behalf and that they agree to be bound by these Terms and Conditions.
3.0 Privacy Policy
Vuly is required to comply with the Privacy Act 2020 (New Zealand) when collecting, holding, using and disclosing personal information in New Zealand.
Vuly collects, uses and discloses personal information in accordance with its Privacy Policy. By using our website, submitting your details, placing an order, registering a product, contacting customer support, entering a promotion or making a warranty claim, you acknowledge that your personal information may be collected and used for purposes including order fulfilment, payment processing, delivery, customer support, fraud prevention, product registration, warranty administration, safety communications, recalls, marketing where permitted by law and other purposes described in our Privacy Policy.
Marketing communications, including promotional emails, SMS messages and marketing calls, will only be sent where permitted by applicable law and, where required, where you have provided your consent. You may opt out of receiving marketing communications at any time by using the unsubscribe function in our communications or by contacting Vuly directly.
Our Privacy Policy is available at: https://www.vulyplay.com/en-NZ/privacy or any replacement New Zealand privacy policy URL notified by Vuly.
4.0 Conditions of Sale
The following Conditions of Sale apply to and bind the purchaser of any product supplied by VULY NZ LIMITED in New Zealand.
All transactions are processed in New Zealand Dollars (NZD), unless Vuly expressly states otherwise in writing.
4.1 Notice to customer
Please read these Terms and Conditions carefully before purchase, assembly or use. By placing an order, you acknowledge that you have read these Terms and Conditions, understand them and agree to be bound by them.
Submitting an order through the Vuly website constitutes an offer to purchase the selected product(s) subject to these Terms and Conditions. An order is not accepted by Vuly until:
· payment has been successfully received in full, where payment is required before dispatch; and
· Vuly confirms acceptance of the order, including by issuing an order confirmation indicating acceptance and/or dispatching the product(s).
If payment is not completed, is declined, is reversed or is subject to suspected fraud, the order may remain pending or may be cancelled by Vuly at its discretion.
Vuly may refuse or cancel any order prior to acceptance, including where there has been a genuine pricing or typographical error, a stock availability issue, a payment issue, suspected fraudulent activity, misuse of a promotion, or an order placed in breach of these Terms and Conditions.
4.2 Legal rights - please read
Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that cannot lawfully be excluded, restricted or modified.
Where you are acquiring goods or services from Vuly as a consumer, you may have statutory guarantees and remedies under New Zealand law. These rights operate in addition to any voluntary warranty or customer programme offered by Vuly.
Where goods or services are acquired for business purposes, and it is fair and reasonable for Vuly to do so, the parties agree that the Consumer Guarantees Act 1993 does not apply to the supply to the maximum extent permitted by law. This exclusion does not apply to purchases by consumers for personal, domestic or household use.
4.3 Important safety notice and user responsibilities
Vuly supplies outdoor play products and accessories. These products are designed for recreational use and, like all outdoor play equipment, involve inherent risks. These risks may include personal injury, serious harm and, in rare cases, death.
Customers and users must follow all safety instructions, product manuals, warnings and age or weight restrictions. Adult assembly, correct installation, ongoing inspection and active adult supervision are required at all times while play equipment is in use.
To the extent permitted by law, Vuly is not liable for loss, damage or injury arising from misuse of a product, failure to follow instructions, improper assembly or installation, lack of supervision, insufficient care or maintenance, unauthorised modification, use with non-Vuly components, or use outside the intended domestic and outdoor purpose of the product.
Vuly remains responsible for complying with applicable consumer guarantees, product safety obligations and recall obligations under New Zealand law.
4.4 Risk warning
Outdoor play equipment carries a significant risk of injury, including the possibility of serious injury, permanent disability or death. All participants who use the product do so subject to these inherent risks.
Adult supervision is always required. Adult assembly of all products is required. Customers must carefully follow installation instructions to ensure the product is safe for use. Products are strictly for outdoor and domestic use only unless Vuly expressly states otherwise in writing. Children must be instructed not to use equipment in any manner other than its intended purpose.
4.5 Weather warning
Vuly products are susceptible to environmental conditions and bad weather. Do not use any product in inclement weather, including strong wind, heavy rain, storms, hail, lightning or other unsafe conditions. Products may move, lift, tip or become unsafe in strong wind or adverse weather.
Customers must take appropriate precautions, including anchoring, disassembly, storage or other protective measures recommended in the relevant product manual. If a product will be unused for an extended period, Vuly recommends disassembling it and storing it in a dry place where appropriate. Customers should consult the relevant product manual for product-specific guidance.
4.6 Local authority permissions and regulations
Installation of certain Vuly products may be subject to local planning, building, fencing, safety, body corporate, tenancy, land covenant or other rules that apply in New Zealand. The customer is responsible for ensuring that the product's location, height, use and installation comply with all applicable laws and requirements, including proximity to boundaries and any impact on neighbour privacy.
Vuly accepts no liability for enforcement action, fines, removal requirements, neighbour disputes or requirements to dismantle or relocate products arising from a customer's failure to obtain necessary permissions or comply with applicable rules.
5.0 Title and Risk
Title to, and ownership of, any product ordered from Vuly passes to the customer only when Vuly has received payment in full for the product, including delivery and other charges.
Risk in the product passes to the customer upon delivery to the customer's nominated address, or upon collection where the customer arranges pickup.
Where the customer arranges their own carrier, freight forwarder or collection agent, or provides specific delivery instructions, risk may pass when the product is collected by that carrier, freight forwarder or agent.
6.0 Delivery
Products may be delivered by independent freight or courier providers to residential and business addresses within New Zealand, subject to service availability, size, weight, access and remote area restrictions.
After dispatch from Vuly's warehouse or distribution point, delivery may be subject to the terms, conditions and operational requirements of the relevant independent delivery provider, except to the extent Vuly remains responsible under applicable law.
Estimated delivery transit times are:
Destination & Estimated Transit Time
North Island
1 business day
South Island
2 business days
Rural delivery addresses
Additional delivery time may apply.
The above delivery times are estimates only and are not guaranteed. Delivery estimates are calculated from the date the order leaves the relevant warehouse or distribution point, not from the date the order is placed. Delivery times may vary depending on stock availability, the delivery address, product size, carrier capacity, public holidays, weather events, rural delivery requirements and other circumstances beyond Vuly's reasonable control. Orders are normally dispatched on business days only.
By placing an order with Vuly, you authorise the courier to leave your order at your nominated delivery address if you are not present at the time of delivery, unless you notify Vuly before dispatch and Vuly confirms that an alternative arrangement is available.
Where Authority to Leave has been provided or otherwise applies, the courier will attempt to leave the Product in a reasonably secure location at the customer's premises. To the extent permitted by law, neither Vuly nor the courier will be liable for any loss, theft or damage occurring after the Product has been delivered in accordance with the customer's delivery instructions or Authority to Leave.
Couriers may be unable to contact customers before delivery. Deliveries may occur during the delivery provider's normal operating hours.
If Authority to Leave is unavailable or has not been authorised, and the customer is not present when delivery is attempted, the Product may be returned to the carrier's depot. Any re-delivery, storage or other charges imposed by the carrier may be payable by the customer.
Delivery providers can only deliver to locations that are reasonably accessible using standard delivery equipment. Delivery may be refused where access is unsafe or impracticable.
The customer is responsible for providing a complete and accurate delivery address. Changes requested after an order has been packed or dispatched may not be possible and may incur freight redirection or re-routing charges. Where practicable, Vuly will advise the customer of any applicable charges before they are incurred.
6.1 Delivery delays
If an order is delayed in transit, Vuly may require a reasonable period to investigate the delay with the freight company. If the investigation confirms that an order has been lost in transit by the courier, Vuly will arrange an appropriate remedy, which may include redispatching the order at no additional cost to the customer or providing another remedy required by law.
6.2 Promotional free delivery
Vuly may, at its discretion, offer free delivery promotions on selected products for limited times and subject to specific promotional terms and conditions. Free delivery may be limited to metro or selected delivery areas as defined by Vuly. Rural, remote, island, oversized, difficult access or special delivery addresses may be excluded or may attract additional surcharges. Vuly reserves the right to charge additional delivery surcharges where permitted by law and disclosed before order acceptance.
7.0 Price and Payment
Prices are displayed in New Zealand Dollars (NZD), unless expressly stated otherwise. Customers must pay in the currency in which the product price is quoted.
Payment is required in full before a product is shipped, unless Vuly expressly agrees otherwise in writing.
Payment may be made by credit card, debit card, direct deposit, approved buy-now-pay-later providers or any other payment method offered by Vuly from time to time. Vuly may introduce, withdraw, accept or refuse payment methods at its discretion, subject to applicable law.
Vuly will endeavour not to charge customers for orders that cannot be fulfilled and, where appropriate, will issue refunds. Vuly cannot guarantee that a particular product will always be available.
Any product orders made with government, disability, school, community, grant, insurance or other supported funding are the customer's responsibility. Vuly cannot approve purchases for any external funding programme and accepts no liability if the customer does not meet the criteria of any funding provider.
7.1 Buy now, pay later options
Buy-now-pay-later options may be available for eligible orders, subject to the terms, credit criteria and approval processes of the relevant third-party provider. Vuly is not responsible for the provider's credit decisions, fees, charges or platform terms, except to the extent required by law.
8.0 Installation
Customers are responsible for assembling Products in accordance with the Product Manual.
VULY NZ LIMITED does not currently provide installation services. From time to time, VULY NZ LIMITED may recommend independent third-party installers for customer convenience. Any installer recommended by VULY NZ LIMITED is an independent contractor and is not an employee, agent or representative of VULY NZ LIMITED. VULY NZ LIMITED is not responsible for the installation services they provide.
Damage resulting from incorrect assembly or installation is not covered by the manufacturer's warranty.
9.0 Product Registration
To access any Half-Price Parts for Life programme, product support programme or to lodge a warranty claim, customers may be required to ensure that their Vuly product is registered with Vuly.
If the customer purchases their Vuly product directly through Vuly's website, telephone sales channel, or onother Vuly-approved sales channel their product may be registered automatically where sufficient purchase information is available.
If the customer purchases through an authorised reseller, they may be required to register their product by visiting www.vulyplay.com/support or the relevant New Zealand support page and completing the required form with proof of purchase.
10.0 Half-Price Parts for Life
Vuly may offer half-price replacement parts on selected core components of eligible trampoline or swing set purchases for the lifetime of the product through the Half-Price Parts for Life programme.
This programme is a voluntary benefit offered by Vuly and is separate from, and in addition to, any rights that may apply under the Consumer Guarantees Act 1993 or other New Zealand laws.
The programme is subject to change, suspension or withdrawal at any time for future purchases or future claims, except where Vuly has made a legally binding commitment to a customer. Any programme terms published at the time of the relevant claim will apply.
This programme is available to New Zealand customers only where the product was purchased directly from Vuly New Zealand or from an authorised New Zealand reseller, unless Vuly expressly agrees otherwise in writing. Vuly reserves the right to determine whether a component is a "core component" for the purposes of this programme.
10.1 Trampoline components
Half-Price Parts for Life is available only for customers who wish to replace selected core components of their eligible trampoline. These parts may include:
· Springs;
· Leaf Springs;
· Jump Mat;
· Joiner Poles;
· Safety Net and components of the Safety Net;
· Net Poles; and
· Frame Tubes.
The programme does not extend to accessories, shade covers or other excluded items unless Vuly expressly states otherwise.
10.2 Swing set components
Half-Price Parts for Life is available only for customers who wish to replace selected core components of an eligible swing set frame. These parts may include:
· Frame Tubes and Legs;
· Joiners; and
· Swing Rails.
The programme does not extend to individual swings, accessories, shade covers or other excluded items unless Vuly expressly states otherwise.
11.0 Warranty
11.1 Warranty Overview
All Vuly products sold by VULY NZ LIMITED or an authorised New Zealand reseller are supplied with a voluntary manufacturer's warranty against defects in materials and workmanship, in addition to any rights and remedies available under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
Unless otherwise stated in writing at the time of purchase, the warranty periods commence on the date the Product is delivered to the customer.
The applicable warranty periods for each Product are set out below. Warranty periods apply to the original Product only and do not restart or extend because replacement parts are supplied under warranty, unless Vuly expressly agrees otherwise in writing.
This manufacturer's warranty is personal to the original purchaser and applies only to Products purchased directly from VULY NZ LIMITED or an authorised New Zealand reseller.
Nothing in this warranty excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand law.
11.2. Warranty periods
Warranty periods commence from the date the relevant items are dispatched to the customer, unless Vuly expressly states otherwise in writing or unless applicable law requires a different outcome.
Warranty periods on Vuly trampolines, swing sets and other products do not reset when replacement parts are supplied, unless the customer purchases an entirely new product. Replacement of parts does not extend or restart the original warranty period for the product.
11.2.1 Current Product Warranty Periods
This voluntary warranty applies for use under normal domestic conditions and applies for the following periods, subject to the exclusions in these Terms and Conditions:
Trampolines - Vuly/Lift series and Thunder series
· 120 months [10 years] for Frame Tubes and Joiner Poles.
· 60 months [5 years] for Springs (excluding Leaf Springs) and discrete Jump Mat (excluding the print).
· 24 months [2 years] for the Trampoline Shade Cover.
· 12 months [1 year] for all other parts of a purchased trampoline, including Safety Padding, Safety Net, combined Jump Mat and Safety Net models, Net Poles and Leaf Springs.
Trampolines - Ultra series
· 60 months [5 years] for Frame Tubes, Joiner Poles, Springs and Jump Mat (excluding the print).
· 24 months [2 years] for the Trampoline Shade Cover.
· 12 months [1 year] for all other parts, including Safety Padding, Safety Net and Net Poles.
Trampolines - Flare series
· 36 months [3 years] for Frame Tubes, Joiner Poles, Springs and Jump Mat (excluding the print).
· 12 months [1 year] for the Trampoline Shade Cover.
· 12 months [1 year] for all other parts, including Safety Padding, Safety Net and Net Poles.
Play Sets and Swing Sets
· 120 months [10 years] for all Frame components.
· 24 months [2 years] for all Swing components.
· 24 months [2 years] for all Cubby House Shade Covers.
· 12 months [1 year] for all Swing Set Shade Covers.
Monkey Bars
· 84 months [7 years] for all Frame components.
· 24 months [2 years] for all Swing components.
· 12 months [1 year] for all Shade Covers.
· 12 months [1 year] for all accessories.
Basketball Systems - portable and in-ground
· 84 months [7 years] for all steel components.
· 36 months [3 years] for all plastic and material components.
Accessories for products
· 24 months [2 years] for all swings included with, or purchased separately to, swing sets or play sets.
· 12 months [1 year] for purchased accessories, including Mister, Deck and Soccer Goal.
Where Vuly offers an extended warranty, the customer must purchase the extended warranty within the timeframe specified by Vuly. Any extended warranty is subject to its own terms and disclosure requirements.
11.2.2 Second-hand purchases
Vuly's voluntary warranty applies only to the original purchaser of a product purchased from Vuly or an authorised reseller. On-sale or transfer of a Vuly product may void the voluntary warranty. This clause does not limit any rights that cannot be excluded under New Zealand law.
11.3 Inclusions
This voluntary warranty covers manufacturing faults and defects in workmanship and materials only. A manufacturing fault or defect may exist where a product is damaged or rendered unsafe because it departed from design or production specifications during manufacture.
11.4 Exclusions
The voluntary warranty does not cover the following, subject always to the customer's non-excludable rights under New Zealand law.
11.4.1 Wear and tear
The voluntary warranty does not cover normal wear and tear. This may include, but is not limited to, rusting of steel components, UV deterioration of textile components and stretching of springs. Outdoor products that are actively used will experience wear and tear over time.
11.4.2 Weather conditions
Damage resulting from weather events or environmental conditions, including rain, wind, storm, hail, flooding, salt air, extreme heat, UV exposure or other environmental factors, is not covered by the voluntary warranty. Vuly recommends that customers contact their home and contents insurer if a product is damaged by such events.
11.4.3 Improper installation
The voluntary warranty does not cover failure of a product caused by installation not in accordance with the Vuly manual, incorrect assembly, unsuitable ground or site conditions, unauthorised modifications or installation by an unauthorised or unqualified third party.
11.4.4 Insufficient care or maintenance
The voluntary warranty does not cover accelerated deterioration caused by poor care or maintenance. Customers must regularly check and follow the Care and Maintenance sections of the Vuly manual.
11.4.5 Inappropriate use
The voluntary warranty is void if the product is used for any activity other than its intended domestic recreational purpose, or if it is used with non-Vuly components or accessories. Vuly products are not intended for use as professional gymnastics trampolines, springboards or commercial equipment unless Vuly expressly states otherwise in writing.
11.4.6 Salt water proximity
The voluntary warranty on steel components may be reduced by 50% where a Vuly product is assembled within 1.6 km of a salt water environment or is subject to ocean spray, including where salt crystallisation is present on the product.
11.4.7 Commercial use
Vuly products are intended for domestic or personal use only unless Vuly expressly states otherwise. Use of any Vuly product for commercial purposes, including use in play centres, community organisations, schools, childcare facilities, clubs or amusement parks, may void the listed voluntary warranty period. Vuly may reject a voluntary warranty claim where it reasonably suspects overuse or commercial use. This does not limit any rights that cannot be excluded under New Zealand law.
11.4.8 Personal injury
The voluntary warranty does not cover personal injury, consequential loss or damage arising from wear and tear, weather conditions, improper installation, insufficient care or maintenance, inappropriate use or failure to follow safety instructions. Nothing in this clause excludes, restricts or modifies rights or remedies available under New Zealand law, including rights relating to unsafe goods, defective products or personal injury where those rights cannot be excluded.
11.4.9 Installation
The voluntary warranty does not cover any installation service. If a customer pays for installation at the time of purchase, this is a one-time service only. The customer may not claim installation costs for replacement parts under the voluntary warranty unless Vuly expressly agrees or applicable law requires otherwise.
If installation has commenced and the customer is missing parts or does not have the correct parts due to Vuly's error, Vuly will cover the reasonable cost for the installer to return and complete installation once the correct parts have been received, where Vuly has arranged or approved the installation.
11.5 Warranty claims
If a customer believes that a Vuly product is faulty or defective, they must immediately discontinue use and submit a warranty claim.
A customer must not attempt to use a product if any part is faulty, defective, incomplete or unsafe. Damage or injury caused by continuing to use a faulty, defective or incomplete product may void the voluntary warranty and may affect available remedies to the extent permitted by law.
11.5.1 Making a warranty claim
To make a warranty claim, the customer must submit an online warranty claim at www.vulyplay.com/support or the relevant New Zealand support page. The customer may be required to provide:
· purchase details, including date and proof of purchase;
· batch number or product identification details;
· clear photographic or video evidence of the alleged manufacturing fault or defect;
· details of installation, use, care and maintenance; and
· any other information reasonably required to assess the claim.
If the customer does not provide information reasonably required to assess the claim, Vuly may be unable to assess the claim until the information is provided.
Vuly endeavours to resolve warranty claims promptly, but processing times may vary depending on the information provided, product type, availability of replacement parts, courier timeframes and complexity of the issue.
11.5.2 Accepted warranty claims
If Vuly accepts a voluntary warranty claim, Vuly may repair or replace the faulty or defective parts, provide replacement parts, provide a refund, or offer another remedy appropriate to the issue and consistent with New Zealand law.
For successful voluntary warranty claims, Vuly will cover the cost of shipping replacement parts to the customer's original New Zealand delivery address, or another New Zealand address approved by Vuly. If the customer has moved outside New Zealand, the customer may be required to pay additional freight charges.
11.5.3 Walk-in warranty claims
If a customer wishes to make a warranty claim in person at Vuly premises or an authorised location, they must still provide all information reasonably required to assess the claim, including proof of purchase, batch number and photographic evidence where requested.
11.5.4 Refunds
If Vuly accepts a warranty claim and determines that a refund is the appropriate remedy, refunds will typically be processed within a reasonable time after approval. Vuly provides any indicative timeframe in good faith but is not responsible for delays caused by banks, payment processors or incomplete customer information.
11.5.5 Non-Vuly products
Products sold alongside Vuly products that are not Vuly-branded may be subject to warranties provided by their manufacturers or suppliers. Customers may need to contact those manufacturers or suppliers directly. Vuly will comply with any obligations it has as a retailer or supplier under New Zealand law.
11.6 New Zealand consumer guarantees
Where the Consumer Guarantees Act 1993 applies, goods and services supplied by Vuly come with guarantees that cannot be excluded. Depending on the circumstances, these may include guarantees that goods are of acceptable quality, fit for purpose, match their description or sample, and that services are carried out with reasonable care and skill.
If a product or service fails to meet a guarantee under the Consumer Guarantees Act 1993, the customer may be entitled to remedies such as repair, replacement, refund, cancellation, compensation or other remedies available under that Act.
The remedies available may depend on whether the failure can be remedied, whether the failure is substantial, the nature of the product or service and the circumstances of the supply.
12.0 Missing Parts
If a customer believes that a Vuly product does not include all necessary parts or that part of the delivery is missing, they must contact Vuly promptly on [insert New Zealand phone number] or through the relevant support channel.
It is the customer's responsibility to check all boxes and parts when the order is delivered and before assembly begins.
If carrier tracking indicates that all items were delivered and the customer does not contact Vuly within 3 months of the delivery date, Vuly may reject a missing delivery claim to the extent permitted by law. This does not limit any rights that cannot be excluded under New Zealand law.
A customer must not attempt to use a product if any part is missing or incomplete. Damage or injury caused by use of an incomplete product may void the voluntary warranty and may affect remedies to the extent permitted by law.
Vuly products are delivered prepackaged and Vuly may be unable to inspect all boxes before dispatch to confirm that every required part is present. While missing part rates are low, parts may occasionally be missing from packaging or may fall out in transit due to damage to boxes.
13.0 Order Cancellations
13.1 Orders not prepared for dispatch
If the customer has made payment and the order has not been prepared for dispatch, the customer may request cancellation for change of mind. If Vuly accepts the cancellation, the customer will be entitled to a refund of the order amount to the original payment method or nominated account, excluding any non-refundable payment surcharges or fees permitted by law, and subject to any disclosed cancellation fee.
Indicative cancellation fees may include:
· NZD $10 change of mind fee for accessory or replacement part orders; and
· NZD $20 change of mind fee for full trampoline, monkey bar, cubby house, swing set, play set or basketball system orders.
Vuly may waive, vary or update these fees from time to time. Fees will not apply where the customer is entitled to cancel or receive a refund under New Zealand law because of a failure by Vuly.
13.2 Orders prepared for dispatch or already dispatched
If the customer has made payment and the order has been prepared for dispatch or already dispatched but not yet delivered, the customer may request cancellation for change of mind. If Vuly accepts the cancellation, the refund may be subject to a restocking fee and return freight fees.
Indicative restocking fees may include:
· NZD $25 for accessory or replacement part orders; and
· NZD $75 for full trampoline, cubby house, swing set, play set or basketball system orders.
Return freight will be calculated once the items are returned to Vuly or the relevant distribution point. Applicable return freight and restocking fees may be deducted from the customer's refund. By requesting cancellation after an order has been prepared or dispatched, the customer accepts responsibility for reasonable fees associated with returning the order, unless the cancellation arises from a failure by Vuly or another circumstance where New Zealand law requires Vuly to bear the cost.
13.3 Events outside Vuly's control
If freight companies, warehouses, ports, suppliers or delivery networks are disrupted by events outside Vuly's reasonable control, including government restrictions, public health events, natural disasters, severe weather, strikes, border disruption, cyber incidents or transport disruption, Vuly will take reasonable steps to manage affected orders. The customer's rights under New Zealand law remain unaffected.
14.0 Order Returns
Vuly may allow change-of-mind returns for eligible products within 14 days of delivery where the product packaging is unopened, the product is unused and the product is in resaleable condition. This change-of-mind return policy is voluntary and is in addition to any rights the customer has under New Zealand law.
Change-of-mind returns may be subject to restocking fees and return freight fees. Indicative restocking fees are:
· NZD $25 for accessory or replacement part orders; and
· NZD $75 for full trampoline, cubby house, swing set, play set or basketball system orders.
Return freight is calculated once the items are returned to Vuly or the relevant distribution point. Applicable return freight and restocking fees may be deducted from the customer's refund. The customer is responsible for ensuring that returned items are adequately packaged and protected during return transit.
Faulty or defective products are handled under the warranty and New Zealand consumer law provisions, not merely under this change-of-mind returns policy.
15.0 Media, Website, Pricing and Intellectual Property
15.1 Product portrayals
Vuly attempts to provide accurate and updated information in website content, catalogues and promotional material. However, the appearance of the product that the customer receives may differ from promotional material due to product updates, manufacturing changes, lighting, photography, display settings or other presentation factors.
15.2 Product pricing
Prices displayed on the Vuly website, in promotional material or provided by Vuly staff are subject to change at any time before order acceptance. Prices may change between enquiry and point of sale.
Quotes or invoices provided digitally or in print are valid for 7 days unless they are marked as arising from a sale, discount or promotion for a specified period. Sale or discount quotes may be valid only for the stated promotion period or, if no period is stated, for the day they are provided.
15.3 Promotions
Promotions apply only during the stated promotional period and are subject to availability, eligibility criteria and any specific promotional terms. Promotions are valid at the time of purchase and cannot be applied retrospectively unless Vuly agrees in writing.
Vuly may correct genuine and obvious pricing, typographical, description or promotional errors before order acceptance. If an accepted order is affected by a genuine and obvious error, Vuly will notify the customer and provide the customer with the option to proceed at the correct price or receive a full refund, to the extent permitted by law.
15.4 Intellectual property
The Vuly website, products and all related content, features and functionality, including text, images, videos, software, manuals, graphics, logos, designs, product names, trade marks, patents, trade secrets, copyright works and the arrangement of content, are owned by Vuly, its related entities or licensors and are protected by New Zealand and international intellectual property laws.
These Terms and Conditions grant you a personal, non-exclusive, non-transferable, revocable licence to access and use the Vuly website for lawful personal or business purchasing purposes. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, store, scrape, copy, reverse engineer or transmit material from our website or physical products except as permitted by law or expressly authorised by Vuly in writing.
All logos, images and text regarding Vuly products, print material and website are copyright Vuly Play Group 2008+. All trademarks are ® trademarks. Unless specific written permission is obtained from the appropriate parties, these trademarks or logos should not be appropriated by third parties in any way.
We respect the intellectual property rights of others and are committed to complying with the Copyright Act 1994 of New Zealand. If you believe that any image or other content on this website infringes your copyright or has been used without your authorisation, please contact us at legal@vulyplay.com with details of the material and evidence of your ownership. Upon receiving a valid notice, we will promptly review the matter and, where appropriate, remove or disable access to the material within a reasonable timeframe.
16.0 Territories Serviced
Vuly's New Zealand sales channels service New Zealand only, unless Vuly expressly agrees otherwise in writing. Customers outside New Zealand should purchase Vuly products from authorised retailers or distributors in their country where available.
Vuly may refuse or cancel orders where delivery is requested to an address outside the territories serviced by the relevant Vuly sales channel.
17.0 Limitation of Liability
Nothing in these Terms and Conditions limits or excludes liability that cannot lawfully be limited or excluded, including liability under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable New Zealand laws.
To the extent permitted by law, Vuly is not liable for indirect, consequential, special or economic loss, loss of profits, loss of revenue, loss of goodwill, loss of opportunity or loss arising from events outside Vuly's reasonable control.
Where the customer acquires goods or services for business purposes, and it is fair and reasonable to do so, Vuly's total liability arising out of or in connection with the supply is limited to the price paid by the customer for the relevant goods or services giving rise to the claim, except to the extent liability cannot be limited by law.
18.0 Force Majeure
Vuly is not liable for delay or failure to perform obligations where the delay or failure is caused by events beyond Vuly's reasonable control, including natural disasters, severe weather, fire, flood, pandemic, epidemic, government action, war, terrorism, civil unrest, labour disputes, supplier failure, transport interruption, port disruption, cyber incident, power failure or telecommunications failure.
Vuly will take reasonable steps to minimise the effect of such events and resume performance as soon as reasonably practicable. The customer's non-excludable rights under New Zealand law remain unaffected.
19.0 Electronic Communications
The customer consents to receiving communications from Vuly electronically, including by email, SMS, website notices, customer account notices or other digital channels. Electronic communications may include order confirmations, invoices, delivery updates, product safety notices, warranty communications, recall notices, policy updates and marketing communications where permitted by law.
The customer is responsible for ensuring that contact details provided to Vuly are accurate and up to date.
20.0 Governing Law and Disputes
These Terms and Conditions are governed by the laws of New Zealand.
The parties submit to the non-exclusive jurisdiction of the courts of New Zealand, subject to any rights the customer may have to bring a claim in the Disputes Tribunal or another tribunal or court with jurisdiction.
Before commencing court proceedings, a party must use reasonable endeavours to resolve any dispute in good faith, unless urgent interim relief is required or a statutory limitation period is about to expire.
21.0 General
If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue in force.
A failure by Vuly to enforce a provision of these Terms and Conditions is not a waiver of Vuly's rights.
Headings are for convenience only and do not affect interpretation.
References to legislation include that legislation as amended, replaced or re-enacted from time to time.