Terms of service
OVERVIEW
Welcome to MoveSmart Mobility Equipment. The terms “we”, “us” and “our” refer to Millennium Technology Sales and Service Limited trading as MoveSmart Mobility Equipment (“MoveSmart”). We operate this website and store, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
MoveSmart Mobility Equipment is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”) together with any referenced policies, describe your rights and responsibilities when using our Services. By visiting, interacting with, or purchasing from MoveSmart, you agree to these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.
Plain-English Summary:
We run this site and store under the name MoveSmart. By shopping with us, you’re agreeing to these rules and our Privacy Policy.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm you are at least 18 years old (the age of majority in New Zealand), or you have consent from a parent/guardian.
You may be asked to provide your contact, billing, and shipping information. You agree this is true and current.
You’re responsible for keeping your account details safe. Accounts can’t be transferred to others.
Plain-English Summary:
You need to be an adult (or have an adult’s permission) to shop with us. Keep your login details safe.
SECTION 2 – OUR PRODUCTS
We work hard to show products accurately, but colours and sizes can look different depending on your device.
Under the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA), you have rights that cannot be excluded – for example, goods must be of acceptable quality, and we must not mislead customers.
We may update, discontinue, or limit products at any time.
Plain-English Summary:
We try to show products as clearly as possible, but screens can be tricky. You’re protected by NZ consumer law if anything goes wrong.
SECTION 3 – ORDERS
Your order is an offer to buy. We’ll confirm acceptance once payment is processed. We may cancel or decline orders at our discretion.
Orders can’t always be changed or cancelled once confirmed.
Returns and exchanges follow our Refund Policy and your rights under NZ law.
Plain-English Summary:
Placing an order doesn’t guarantee it until we confirm it. If we need to cancel, you’ll get your money back. Returns are covered by our policy and NZ law.
SECTION 4 – PRICES AND BILLING
Prices are in New Zealand Dollars (NZD) and include GST unless otherwise stated. Shipping is additional.
You agree to provide accurate payment details. By submitting them, you confirm you’re authorised to use them.
Promotions may have their own rules.
Plain-English Summary:
Prices are in NZ dollars and include GST. Shipping is extra. Make sure your payment info is correct.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates and not guaranteed. Risk of loss transfers to you once products are handed to the courier.
Your rights under the CGA still apply if goods are faulty or damaged before you receive them.
Plain-English Summary:
We’ll send your order quickly, but delivery times are only estimates. Once the courier has it, it’s your responsibility – unless it arrives faulty or damaged.
SECTION 6 – INTELLECTUAL PROPERTY
All names, logos, text, images, and designs belong to MoveSmart or our partners.
You can use our site for personal shopping, but copying or reusing our content without permission is not allowed.
Plain-English Summary:
Our branding, content, and images are ours. Please don’t copy or use them without asking.
SECTION 7 – OPTIONAL TOOLS
You may use third-party tools through our site. We don’t control these and they’re provided “as is”.
Plain-English Summary:
If you use third-party tools or apps, you’re using them at your own risk.
SECTION 8 – THIRD-PARTY LINKS
We may link to other websites. We’re not responsible for their content or your dealings with them.
Plain-English Summary:
If you click away from our site, you’re responsible for what happens on that other website.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
We use Shopify to host our store. Purchases are directly with MoveSmart, not Shopify.
Plain-English Summary:
Shopify powers our site, but your order is with us, not them.
SECTION 10 – PRIVACY
We collect and handle your personal information in line with our Privacy Policy. Shopify may also collect your data, which may be stored outside New Zealand.
Plain-English Summary:
We respect your privacy. Shopify also processes some of your data because we use their platform.
SECTION 11 – FEEDBACK
If you provide feedback, you give us the right to use it (for example, in marketing). Feedback must be honest and lawful.
Plain-English Summary:
If you leave us a review or suggestion, we may use it to improve or promote our services.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
We may correct product or pricing errors at any time, even after you place an order. If this affects your order, we’ll contact you.
Plain-English Summary:
If we make a mistake on the site (like a wrong price), we’ll fix it and let you know if it affects your order.
SECTION 13 – PROHIBITED USES
You must not use our site for illegal purposes or in ways that break NZ law.
Plain-English Summary:
Don’t use our site to do anything dodgy or harmful.
SECTION 14 – TERMINATION
We may suspend or terminate your access if you breach these Terms.
Plain-English Summary:
If you break the rules, we may close your account or stop you using our site.
SECTION 15 – WARRANTIES
Most products sold by MoveSmart Mobility Equipment come with a 12-month warranty against manufacturing defects. If a different warranty period applies, this will be specified in the relevant product details on our website or sales materials.
This warranty covers faults in materials and workmanship under normal use. It does not cover damage caused by misuse, neglect, accidents, unauthorised repairs, or normal wear and tear.
Nothing in this section limits or excludes your rights under the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA). The CGA guarantees that goods must be of acceptable quality, fit for purpose, and match their description, regardless of any manufacturer or store warranty.
EXCEPT AS EXPRESSLY STATED BY MOVESMART MOBILITY EQUIPMENT OR REQUIRED BY NEW ZEALAND LAW, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
Plain-English Summary:
Most products come with a 12-month warranty. If a different warranty applies, we’ll say so in the product details. This covers manufacturing faults, not misuse or normal wear and tear. You also have extra rights under New Zealand law that we can’t take away.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent allowed by NZ law, we’re not responsible for indirect or consequential loss.
Plain-English Summary:
We’re not liable for things like lost profits or data, but your core consumer rights still apply.
SECTION 17 – INDEMNITY
You agree to protect us from claims if you misuse our Services or breach these Terms.
Plain-English Summary:
If your actions cause us legal trouble, you may need to cover our costs.
SECTION 18 – SEVERABILITY
If any part of these Terms is unenforceable, the rest remains valid.
Plain-English Summary:
If one clause is invalid, the rest still stands.
SECTION 19 – ENTIRE AGREEMENT
These Terms and our policies form the whole agreement between you and MoveSmart.
Plain-English Summary:
This document, plus our policies, is the full agreement between us.
SECTION 20 – ASSIGNMENT
You can’t transfer your rights under these Terms without our consent. We may transfer ours.
Plain-English Summary:
You can’t pass your account or rights to someone else without our permission.
SECTION 21 – GOVERNING LAW
These Terms are governed by New Zealand law. Disputes will be handled in New Zealand courts.
Plain-English Summary:
If there’s a dispute, NZ law applies and NZ courts will decide.
SECTION 22 – CHANGES
We may update these Terms from time to time. Major changes will be notified on our website.
Plain-English Summary:
We may change these Terms, and we’ll let you know if it’s something important.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms should be sent to:
MoveSmart Mobility Equipment
Millennium Technology Sales and Service Limited
25 Manuka Street, Taupō 3378, New Zealand
Email: contact@movesmart.nz