OVERVIEW
Welcome to StayEQPT! The terms “we”, “us”, and “our” refer to StayEQPT. StayEQPT operates this store and website, including all related information, content, features, tools, products, and services to provide you with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide these Services.
These Terms of Service (“Terms”) apply to all users of the Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you should not use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your country or region of residence, or have consent from a guardian for minor dependents using your devices.
You must provide accurate and complete information when creating an account or placing an order. You are responsible for maintaining the confidentiality of your account credentials and all activity under your account. You may not transfer or assign your account to others.
SECTION 2 – OUR PRODUCTS
We make every effort to display accurate product descriptions and imagery, though colours and appearance may vary depending on your device. We do not warrant that any product will meet your expectations or appear exactly as shown online.
All product descriptions, pricing, and availability are subject to change without notice. We reserve the right to discontinue products or limit quantities at our discretion.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. We reserve the right to accept or decline this offer. Orders are accepted once payment is processed and an order confirmation is issued.
Orders may not be cancelled once accepted unless required by law or permitted under our Returns & Exchanges Policy [LINK].
Purchases are for personal or household use only and may not be resold or exported commercially.
All orders are also subject to our Shipping & Delivery Policy.
SECTION 4 – PRICES AND BILLING
Prices, promotions, and discounts may change without notice. Prices at checkout are final.
Unless expressly stated, prices exclude taxes, shipping, customs duties, and import fees.
You agree to provide current and accurate billing information and authorise us to charge your payment method for all purchases.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control.
Risk and Title:
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Title transfers to you once full payment is received.
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To the extent permitted by law, risk transfers upon delivery to the address you provided.
This section operates subject to consumer rights in New Zealand, Australia, and any jurisdiction where such rights cannot legally be waived.
For detailed information about shipping rates and surcharges, refer to our Shipping & Delivery Policy [LINK].
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services—including text, graphics, images, logos, designs, and layouts—is owned by StayEQPT or its licensors and is protected by New Zealand and international intellectual property laws.
You may access the Services for personal use only. You must not copy, reproduce, distribute, or modify any content without written consent.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and without warranties. Your use of these tools is at your own risk and subject to the relevant third-party provider’s terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for content, accuracy, or practices of those websites. Accessing third-party sites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
StayEQPT is powered by Shopify, but all purchases are made directly with StayEQPT. Shopify is not responsible for any transactions, products, refunds, injuries, or losses relating to your purchases.
SECTION 10 – PRIVACY POLICY
Use of the Services is subject to our Privacy Policy [LINK] and Shopify’s Privacy Policy. Information submitted through the Services may be processed by Shopify and its partners in various jurisdictions.
SECTION 11 – FEEDBACK
Any suggestions, ideas, content, or feedback you submit (“Feedback”) may be used by StayEQPT without restriction or compensation. You represent that you have the rights to provide such Feedback and that it does not infringe third-party rights.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We may correct any errors, inaccuracies, or omissions and update information at any time, including after an order is submitted.
SECTION 13 – PROHIBITED USES
You may not use the Services for illegal, harmful, or abusive purposes. Prohibited uses include harassment, fraud, impersonation, transmitting malicious code, interfering with security, or violating intellectual property rights.
We may suspend or terminate access for violating these Terms.
SECTION 14 – TERMINATION
We may suspend or terminate your access to the Services at any time. Provisions relating to intellectual property, warranties, liability, indemnification, and governing law survive termination.
SECTION 15 – CONSUMER GUARANTEES & STATUTORY RIGHTS (NZ & AU)
Nothing in these Terms affects rights you may have under:
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the Consumer Guarantees Act 1993 (New Zealand)
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the Australian Consumer Law (ACL)
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or any law that cannot legally be excluded
Australian customers:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and compensation for any reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality.
New Zealand business customers:
If goods are acquired for business purposes, you agree the Consumer Guarantees Act does not apply, to the extent permitted by law.
SECTION 16 – U.S. CUSTOMER RIGHTS & STATE LAW NOTICE
For U.S. customers, the disclaimers and limitations in these Terms apply to the fullest extent permitted by federal and state law.
Some states do not allow exclusions or limitations of implied warranties or certain damages. If these laws apply to you, some limitations may not apply.
Where implied warranties cannot be excluded, they are limited to the shortest period permitted by law.
SECTION 17 – CALIFORNIA USERS (CA CIVIL CODE §1789.3)
California users may contact:
StayEQPT
Email: support@stayeqpt.com
Or the California Department of Consumer Affairs at:
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
+1 (800) 952-5210
SECTION 18 – PRODUCT USE & SAFETY
Our products are intended for fitness and training use. Always follow product instructions and use proper technique. Stop using any product that appears damaged or unsafe.
We do not provide medical or exercise-prescription advice. Consult a professional before beginning new training programs.
Nothing here limits your rights under applicable consumer laws.
SECTION 19 – DISCLAIMER OF WARRANTIES
Subject to Sections 15–17:
The Services and products are provided “as is” and “as available” without warranties of any kind, except where such warranties cannot be excluded under law.
SECTION 20 – LIMITATION OF LIABILITY
Subject to Sections 15–17:
StayEQPT is not liable for indirect, incidental, punitive, or consequential damages, including loss of profits, revenue, data, or savings.
Where liability cannot be excluded but can be limited, our liability is limited, at our option, to:
SECTION 21 – INDEMNIFICATION
You agree to indemnify StayEQPT, Shopify, and their affiliates against claims arising from your breach of these Terms or misuse of the Services.
SECTION 22 – SEVERABILITY
If any provision is deemed unenforceable, the remainder of the Terms remain valid.
SECTION 23 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any right does not constitute a waiver. These Terms and referenced policies form the entire agreement between you and StayEQPT.
SECTION 24 – ASSIGNMENT
You may not assign your rights under these Terms without our consent. We may assign our rights at any time.
SECTION 25 – GOVERNING LAW
These Terms are governed by the laws of New Zealand.
You consent to the non-exclusive jurisdiction of New Zealand courts.
Australian consumers may bring proceedings under the ACL in their local courts.
U.S. customers may have rights under their state’s consumer protection statutes.
SECTION 26 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 27 – CHANGES TO TERMS
We may update these Terms at any time. Continued use of the Services after changes constitutes acceptance of the updated Terms.
SECTION 28 – CONTACT INFORMATION
Questions regarding these Terms should be sent to:
support@stayeqpt.com
