Terms & Conditions

Acceptance of Terms

These terms and conditions govern all supply of goods and services ("products") by Balance by Mak Personal Training("Balance by Mak", "we", "us") to you, the purchaser of goods and services from us, including your use of the website at www.balancebymakpt.co.nz ("the website").

They are effective from 27th October 2025 and will replace all earlier Balance by Mak terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop, you must be 18 years of age or over.

Purchases from our online shop may only be made by persons acquiring goods or services for their own use or consumption. You must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company, you warrant you have the authorisation to agree to these terms and conditions on behalf of that entity.

Availability and Supply

All orders are subject to the availability of products or services. If for any reason a product or service is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and Delivery Charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website, and a total delivery cost will be provided in the order summary in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods are dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars (NZD) and are inclusive of any Goods and Services Tax ("GST") unless stated otherwise, but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment Options

We accept the following payment methods:

• Visa
  
• MasterCard
  
• Afterpay
  
• PayPal
  

Credit Card Security

All payments are processed via Stripe and are subject to Stripe's terms and conditions, which can be found here: https://stripe.com/nz/legal.

Shipping and Delivery

As our online coaching services are digital and delivered online, there are no physical products to ship.

Upon purchase, you will receive confirmation of your order and setup instructions via email within 24–48 hours.
Any physical items (if applicable, such as merchandise) will be shipped within 3–5 business days.

Returns and Cancellations

We do not provide refunds for change of mind purchases. Please choose carefully before completing your order.

If a product or service is faulty or not as described, we will meet our obligations under the Consumer Guarantees Act 1993 to provide a remedy.

For online coaching services:

• Cancellations must be made at least 7 days before your next billing date to avoid further charges.
  
• If you wish to cancel, please email us at balancebymak@gmail.com
  

Liability Limitation

Where you acquire goods or services from us for business purposes, the provisions of the Consumer Guarantees Act 1993 do not apply.

We will always endeavour to have complete and accurate information on our website, but to the greatest extent permissible by law, we assume no responsibility for the completeness or current accuracy of the information provided.

To the greatest extent permissible by law, we exclude all liability for any claim except where we have acted in bad faith. This exclusion applies to all officers, employees, contractors, and agents of Balance by Mak.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied.

Applicable Law and Jurisdiction

This agreement and any matters arising from it are governed by the laws of New Zealand.
The Courts of New Zealand have non-exclusive jurisdiction over all claims or disputes arising in relation to these terms, the use of our website, or the supply of our services.

Where you or any other person acting on your behalf supplies incorrect information for a purchase and we incur costs as a result, we may recover those costs from you (including legal costs on a solicitor-client basis).

You agree to use our website, products, and services in accordance with the applicable laws of New Zealand.

Privacy Policy and Confidentiality

We respect your privacy. Personal information collected is used solely to provide products and services, manage your account, and communicate with you about your purchases.

You can opt out of marketing communications at any time by following the unsubscribe instructions or emailing info@balancebymakpt.co.nz.

We may disclose personal information as required by law.
You can request access to or correction of your personal information at any time.

Cookies may be used on our website to enable certain features. You can disable cookies in your browser settings, but some functionality may be affected.

We take all reasonable steps to protect your personal information; however, we cannot guarantee website security beyond our control.

General Conditions

We reserve the right to change these terms and conditions from time to time by posting an updated version on our website at www.balancebymakpt.co.nz.

If we fail to enforce any terms or rights at any time, that does not constitute a waiver of those rights.

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Unless expressly stated otherwise, these terms are not intended to confer a benefit on any person who is not a party to this agreement.

We may deliver notices to you by sending them to the email address you provided.