1. About These Terms
1.1 This website www.tyreclub.co.nz ("Website") is operated by Tyre Club Limited ("we", "us", "our", "the Company"). Our principal place of business is 167 Sunnybrae Road, Hillcrest, Auckland, New Zealand.
1.2 These Terms and Conditions ("Terms") govern your use of the Website and your purchase of tyres and related products and services from us. By placing an order or using the Website, you agree to be bound by these Terms.
1.3 Nothing in these Terms excludes, restricts, or modifies any right or remedy conferred on you under the Consumer Guarantees Act 1993 ("CGA"), the Fair Trading Act 1986 ("FTA"), or any other New Zealand law that cannot lawfully be excluded, restricted, or modified. Where you are acquiring Products or Fitting Services for personal, domestic, or household use, the guarantees in the CGA apply and cannot be contracted out of. Where these Terms are inconsistent with such a right, the relevant law prevails to the extent of the inconsistency.
2. Definitions
"Our workshop" means the Tyre Club workshop at 167 Sunnybrae Road, Hillcrest, Auckland, where Fitting Services are carried out by our own staff.
"Fitting Services" means the physical fitting, balancing, wheel alignment, disposal of old tyres, and any related workshop services performed on your vehicle.
"Products" means the tyres and related goods sold via the Website.
"You" or "Customer" means the person or entity purchasing Products and/or Fitting Services via the Website.
3. Products, Pricing and Availability
3.1 We take reasonable care to ensure Product descriptions, images, and specifications on the Website are accurate, but minor variations (such as tread pattern updates by manufacturers) may occur.
3.2 All prices are shown in New Zealand dollars and include GST unless stated otherwise. Prices exclude Fitting Services unless you select a fitting option at checkout.
3.3 We reserve the right to correct pricing or listing errors at any time before an order is confirmed. If an error is discovered after you have paid, we will contact you to offer a corrected price, a substitute Product, or a full refund.
3.4 Stock availability is indicative only and may change between the time you view the Website and the time you place an order.
4. Orders and Payment
4.1 Placing an order constitutes an offer by you to purchase the selected Products (and, if selected, Fitting Services) subject to these Terms. A contract is formed only when we send you an order confirmation email.
4.2 We accept payment methods as displayed at checkout. Full payment is required before dispatch of Products or booking of Fitting Services, unless otherwise agreed in writing.
4.3 We may cancel or refuse any order, including after confirmation, where a Product is unavailable, priced in error, or where we reasonably suspect fraud. Where we cancel a paid order, we will refund the amount paid in full.
5. Delivery of Products
5.1 We deliver Products to the address you provide at checkout, or to our workshop if you have selected a fitting option, using our nominated couriers.
5.2 Estimated delivery times are indicative only and are not guaranteed. We are not liable for delays caused by the courier, weather, stock availability, or other circumstances beyond our reasonable control.
5.3 Risk in the Products passes to you on delivery (or, for Products you have asked us to fit, when fitting is completed). Title passes once we have received payment in full.
5.4 You are responsible for checking Products on delivery and notifying us within 48 hours of any transport damage, shortage, or incorrect item.
6. Fitting Services
6.1 Fitting is carried out by Tyre Club's own trained staff at our workshop, 167 Sunnybrae Road, Hillcrest, Auckland, using our own equipment. If you select a fitting option at checkout, your appointment is at our workshop at the date and time shown in your order confirmation.
6.2 We are responsible for the standard, quality and safety of our fitting work, including balancing, torque settings, wheel alignment, valve replacement and disposal of old tyres, and for the Products we supply. Under the CGA, our services will be carried out with reasonable care and skill, be fit for purpose, and be completed within a reasonable time.
6.3 If our negligence causes damage to your vehicle (including rims, TPMS sensors or bodywork) while it is in our care, please tell us before you leave the workshop or as soon as you notice it, and we will work with you to put it right in line with the CGA.
6.4 To the maximum extent permitted by law, and without limiting any right that cannot lawfully be contracted out of under the CGA or FTA, where you are acquiring Fitting Services for business purposes our liability for Fitting Services is limited to re-performing the service or refunding the fitting charge.
6.5 Fitting appointments depend on your tyres being in stock and delivered to our workshop. If a delay means we cannot fit at the time booked, we will contact you to arrange a new time.
6.6 You must ensure your vehicle is roadworthy and safe to be worked on, and that you disclose any known defects (e.g. seized wheel nuts, aftermarket rims, existing damage) at the time of booking.
7. Cancellations, Change of Mind, and Returns
7.1 Change of mind. We are not obliged to offer a refund or exchange if you simply change your mind, but we may do so at our discretion for unused, unfitted Products in original packaging within 14 days of delivery, less any return shipping costs.
7.2 Cancelling a fitting booking. You may reschedule or cancel a Fitting Services booking by contacting us at least 24 hours before the appointment. Please let us know as early as you can so that the time can be offered to another customer.
7.3 Faulty or incorrect Products. If a Product has a fault, is not as described, or is incorrectly supplied, you are entitled to a remedy under the CGA (repair, replacement, or refund, and in some cases compensation for consequential loss) at no cost to you, depending on whether the failure is minor or of a substantial character.
8. Consumer Guarantees and Warranties
8.1 Where you acquire Products or Fitting Services for personal, domestic, or household use, the CGA implies guarantees that cannot be contracted out of, including that goods are of acceptable quality and fit for purpose, and that services are carried out with reasonable care and skill, fit for purpose, and within a reasonable time.
8.2 Products may also carry a manufacturer's warranty. Manufacturer warranty claims are subject to the manufacturer's own terms and are handled in accordance with the process the manufacturer specifies; we will assist you in initiating such claims where reasonably possible.
8.3 Nothing in these Terms limits your rights under the CGA or FTA for failures relating to the Products or services we supply.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, our total liability to you arising out of or in connection with the Products (Fitting Services are addressed in clause 6) is limited, at our option, to the replacement or repair of the Products, or the cost of doing so, or a refund of the price paid.
9.2 To the maximum extent permitted by law, we exclude all liability for indirect, special, or consequential loss, including loss of use of your vehicle, towing costs, or loss of income, arising from your use of the Website, Products, or Fitting Services.
9.3 Nothing in this clause limits or excludes any guarantee, right, or remedy that cannot lawfully be limited or excluded under the CGA or FTA, and this clause 9 does not apply to the extent you are acquiring Products or Fitting Services for personal, domestic, or household use, unless the parties otherwise agree in writing as permitted under section 43 of the CGA.
10. Indemnity
To the extent permitted by law, you indemnify us against any loss, cost, or claim arising from your breach of these Terms or your misuse of the Website, except to the extent caused by our negligence or breach of a right that cannot lawfully be excluded.
11. Website Use and Intellectual Property
11.1 All content on the Website (text, images, logos, branding) is owned by or licensed to us and may not be reproduced without our written consent.
11.2 You must not use the Website for any unlawful purpose or in a way that could damage, disable, or impair it.
12. Privacy & Information Security
12.1 We handle personal information in accordance with the Information Privacy Principles under the Privacy Act 2020 (NZ). We only collect personal information (such as your name, email, phone number, and delivery or fitting address) that is needed to process your order, arrange fitting, and provide customer support, and we do not sell or rent your personal information to third parties.
12.2 Cardholder data (online): we do not collect, transmit, process, or store credit or debit card numbers, expiry dates, or security codes (CVV/CVC) on this Website or on any of our own systems, at any point. Online card payments are collected directly by Click, our payment gateway provider, via their secure, PCI DSS (Payment Card Industry Data Security Standard) compliant hosted payment page โ your card details are entered directly with Click, not with us, and never pass through or are stored on Tyre Club's website, email, or servers.
12.3 Cardholder data (in-store): in-person card payments are processed using our EFTPOS terminal. Card details are read directly by the EFTPOS terminal and its provider; they are not manually entered, viewed, or stored by Tyre Club in any form. We do not accept or process card details over the phone.
12.4 Order and account information (name, contact details, order history) is stored securely with our website and hosting providers, accessible only to authorised Tyre Club staff, and is kept only as long as needed to fulfil orders, meet our legal and accounting obligations, and handle warranty or support enquiries.
12.5 You may ask us what personal information we hold about you, request a correction, or ask us to delete it (subject to our legal obligations to retain certain records) by contacting us using the details in section 18.
13. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, supply chain disruption, industrial action, or courier failures.
14. Complaints
If you have a complaint about a Product, our service, or the Fitting Services, please contact us at sales@tyreclub.co.nz or +64 9 443 5865. We will work with you to resolve it. You may also contact Consumer Protection (consumerprotection.govt.nz), the Commerce Commission, or the Disputes Tribunal for further assistance.
15. Tyre Club Membership
15.1 Tyre Club offers White membership (free, automatically given to anyone who buys a tyre from us) and paid memberships called Bronze, Silver, Platinum and Gold ("Memberships"). Black is a membership we may grant at our discretion; it cannot be bought. Membership prices include GST and are shown on the Membership page.
15.2 Term. Each paid Membership lasts 12 months from the date we receive payment for it (or the date we grant it). It does not renew automatically. You may hold more than one Membership; each has its own plan, registered vehicle(s), start date and expiry date.
15.3 Vehicles. A Membership covers only the vehicle(s) whose registration number is recorded on it: Bronze and Silver one vehicle, Platinum two vehicles, and Gold and Black up to four vehicles. Memberships cover cars, SUVs, vans, 4x4s and EVs only. The services and discounts of a Membership can only be used for its registered vehicle(s) and not for any other vehicle, including another vehicle you own. A vehicle registration can be on only one active Membership at a time. We may ask to see the vehicle or its registration. Gold Membership needs at least one registered vehicle when it is bought, and the other vehicles can be added later; Black Membership does not need a registered vehicle at the start. If you replace a registered vehicle, contact us; we may change the registered vehicle at our discretion.
15.4 Included services. A Membership includes the services listed for its plan on the Membership page when you buy it (for example wheel alignments, rotate and balance, puncture repairs, fitting and balance, and member items). Services are recorded as they are used and are subject to booking and availability. A service we cannot safely or properly carry out (for example a puncture that cannot be repaired to the applicable standard) is not counted as used. Parts, extra work and anything not listed are charged separately.
15.5 Expiry. Unused services expire at the end of the 12 months. They have no cash value and cannot be carried over, exchanged for other goods or services, or refunded.
15.6 Fitting discount. Platinum members receive 5%, and Gold and Black members 10%, off the tyre fitting charge only, for their registered vehicle(s). The discount is applied automatically at checkout on the Website and at the point of sale in store. It does not apply to tyres, the Tyrewise environmental fee, other services, products, or the Membership fee.
15.7 Plan and upgrades. Your plan is set by the Membership you buy. It does not change with later purchases, and a Membership cannot be upgraded part-way through its term.
15.8 Membership number. Every customer is given a membership number (TCM-xxxxxx) when their customer record or account is created. It is kept for life, is personal to you, and should be quoted when you visit or book.
15.9 Personal and not transferable. A Membership is personal to the account holder and cannot be sold, transferred or shared. We may cancel a Membership if it is used fraudulently or in breach of these Terms.
15.10 Cancellation and refunds. Subject to your rights under the CGA and FTA, Memberships are not refundable once any service has been used or any discount has been given. If an order that included a Membership is cancelled or refunded, that Membership ends and its unused services are removed.
15.11 Changes. We may change Membership plans, benefits and prices for future purchases. A change does not reduce the benefits of a Membership you have already paid for during its current term.
15.12 Nothing in this section limits your rights under the CGA or FTA.
15.13 Tyre Club Limited launch offer. If we emailed you an invitation to confirm your details, then once you confirm them you receive a White Membership. The first tyre order you pay for (on the Website or in store) after confirming your details, and within 90 days after the date we emailed you the invitation, includes a free Bronze Membership for one vehicle, being the registration you gave when you confirmed your details. The offer is one per invited customer, is not transferable, has no cash value, and does not apply to an order that includes a paid Membership. The free Bronze Membership lasts 12 months from the date of that order and this section 15 applies to it.
16. Changes to These Terms
We may update these Terms from time to time. The version in effect at the time you place an order applies to that order. Updated Terms will be posted on the Website with a revised "Last updated" date.
17. Governing Law
These Terms are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the courts of New Zealand.
18. Contact Us
Tyre Club Limited
NZBN: 9429053565341
Address: 167 Sunnybrae Road, Hillcrest, Auckland, New Zealand
Email: sales@tyreclub.co.nz
Phone: +64 9 443 5865