Terms Used
"We", "us", "our" refers to Bernsport (1995) Limited, trading as Achieve. "You" refers to any person or entity purchasing from us or using this website. "The website" refers to www.achievenz.co.nz.
Prices and Currency Conversion
All prices are in NZD and are inclusive of GST unless stated otherwise.
Product Descriptions and Pricing Information
In the event a product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel any order placed for that product, whether or not the order has been confirmed and payment taken. If payment has already been processed and the order is cancelled, we will refund you in full as soon as practicable. If goods received do not match the website description, please let us know promptly so that we may take appropriate action.
We reserve the right to change the content of this website at any time and without prior notice.
Order Acceptance Policy
Receipt of an order confirmation, in electronic form or otherwise, does not signify our acceptance of an order, nor does it constitute confirmation of our offer to sell. Order acceptance only occurs when the goods are dispatched to you. we reserve the right to decline an order, or supply less than the quantity ordered. We may request additional verification before accepting an order. This does not affect your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
Order Delivery Times
Delivery time estimates are provided in good faith but are not guaranteed.
Dispatch Warehouses
Items are freighted from our Auckland or South Island distribution warehouse depending on stock availability. Freight rates are as confirmed at checkout regardless of dispatch location.
Damages or Loss in Transit
We package goods carefully before dispatch. If your order arrives visibly damaged or short, please note this on the carrier's delivery record at the time of delivery where possible, and let us know as within 7 days so we can arrange a repair, replacement, or refund. Where goods are damaged or lost in transit, we will resolve the issue with the freight carrier and you are not expected to make a claim directly.
Warranty
Unless otherwise stated, all goods come with a warranty of one (1) year against defective parts and workmanship. Faulty goods within the warranty period will be repaired or replaced free of charge (subject to the Return of Good section below). Unless otherwise stated, warranty cover is for normal home use and does not cover damage caused by misuse.
Return of Goods
If you wish to return goods, please contact us first by phone or email so we can advise the best way to process your return.
Faulty goods: If goods are faulty, or fail to meet a guarantee under the Consumer Guarantees Act 1993, we will arrange for their return at our cost (or reimburse your reasonable return postage) and will repair, replace, or refund in accordance with the Act.
Change of mind: For change-of-mind returns (see our 30-Day Money Back Guarantee below), return freight is at your cost, and goods must be returned in original condition and packaging. Goods returned in damaged or substandard condition may attract a reasonable handling fee.
Refunds are made back to the original payment method: credit card refunds to the card used, and direct credit refunds to the bank account used for payment.
30 Day Money Back Guarantee
In addition to your statutory rights, we offer a change-of-mind return. We require written notification within 30 days of receiving your goods. In order to be eligible for a refund, goods must be returned at your cost, in original condition and packaging. Freight charges are not refunded, and goods returned in damaged or substandard condition may attract a reasonable handling fee. This guarantee does not affect your rights under the Consumer Guarantees Act 1993.
Assumption of Responsibility
Exercise carries an inherent risk to physical health if not undertaken properly. We recommend consulting a physician or qualified sports professional before starting any new exercise programme or using fitness equipment for the first time.
To the extent permitted by law, we are not responsible for injury or damage arising from misuse of equipment, improper exercise technique, or your own negligence. Nothing in this clause limits any right you may have under the Consumer Guarantees Act 1993 or otherwise at law that cannot lawfully be excluded.
Limitation of Liability
To the extent permitted by law, we are not liable for indirect, special, incidental, or consequential loss, including loss of data or loss of business or profits, arising from use of this website or products purchased through it.
Nothing in these terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Where goods or services are acquired for business purposes (as defined in the Consumer Guarantees Act 1993), the parties agree the Act does not apply to that acquisition, as permitted by section 43 of the Act.
Copyright
You may view, download, and print material for your own personal, non-commercial use. You may not otherwise modify, reproduce, publicly display, distribute, or use material on this website for any public or commercial purpose without our express written approval.
Other Parties' Websites
This website may contain links to websites operated by third parties. We do not control, and are not responsible for, on the content and practices of any third-party website. Links to third party websites are provided for consumer convenience, and do not constitute an endorsement of that third party, or any products or services referred to on their site, unless expressly stated otherwise.
Applicable Law
This website is intended to be accessed by New Zealand residents. No representations are made about the compliance of this site with the laws of any other country. If you access this website outside of New Zealand, you do so at your own risk and are responsible for complying with local laws.
Privacy Policy
We are committed to handling your personal information in accordance with the Privacy Act 2020 and its 13 Information Privacy Principles (IPPs).
What we collect: When you use this website or place an order, we may collect your name, contact details, delivery address, order history, and technical information such as IP address and browsing behaviour.
How we collect it: We usually collect information directly from you. Where we collect it indirectly - for example, from a delivery partner confirming an address, or a referral — we will, where required under IPP 3A, take reasonable steps to let you know this has happened.
Why we use it: We use your personal information only for the purpose you gave it to us, including to process and deliver your order, provide customer service, and — with your consent or on an opt-out basis where permitted — send you product updates and special offers.
- We will not pass your personal information to any other party without your permission, except:
- to service providers who help us operate the website and fulfil orders (e.g. payment processing, courier/freight partners, IT hosting, email platforms), for those purposes only;
- where required or authorised by law; or
- as otherwise described in this policy.
Storage and security: We take reasonable steps in line with IPP 5 to protect your personal information against loss, unauthorised access, or misuse.
Retention: We keep personal information only as long as reasonably necessary for the purpose it was collected, or as required by law (e.g. tax record-keeping).
Your rights: Under IPPs 6 and 7, you can ask us what personal information we hold about you and ask us to correct it if it's wrong. To do this, or to update your details or email preferences, email orders@achievenz.co.nz.
Marketing emails: We may send you product information and special offers by email in accordance with the Unsolicited Electronic Messages Act 2007. Every marketing email includes an unsubscribe link, or you can opt out any time by emailing us.
Privacy breaches: If a privacy breach occurs that has caused, or is likely to cause, serious harm, we will notify the Office of the Privacy Commissioner and affected individuals as soon as practicable, as required under the Privacy Act 2020.
Complaints: Contact us first at orders@achievenz.co.nz with any privacy concerns. If unresolved, you may complain to the Office of the Privacy Commissioner at www.privacy.org.nz.
Transmission of Payment Card Data
Bernsport (1995) Limited, trading as Achieve, does not collect or store credit card data used to complete purchases through this website. All card payments will be processed securely by our payment provider, Shop Pay, which is compliant with the Payment Card Industry Data Security Standard.
Cookies
A cookie is a small piece of information stored on your device to help us improve your user experience when you use our website.
We primarily use 'session' cookies, which expire after 30 minutes of inactivity on this website. We also use some longer-lived cookies for internet statistics and remarketing purposes (see the section below). These may persist for longer periods and, when combined with data from advertising partners, can be used to recognise a returning browser/device. Cookies cannot damage files on your device and cannot read information from your hard drive. It is possible to disable cookies through your browser settings. Doing so may restrict your ability to access some features of the website.
Remarketing
We may use Google and other forms of remarketing and advertising services to reach visitors to the Achieve website, based on past interactions with our site. . As a result, third-party vendors, including Google, may use cookies to show Achieve ads to you as you visit third-party sites on the internet.
You have the option to opt out of Google's use of remarketing cookies by visiting the Google advertising opt-out page. Alternatively, you can opt out of internet-based advertising by visiting the Network Advertising Initiative opt-out page.
