TERMS & CONDITIONS
(i) “Customer” means a person who orders product(s) via this Website
(ii) “Product(s)” means any products listed as shopping items on this Website
(iii) “Seller” means Knitwear Collections
(iv) “Website” or “this Website” means www.knitwearcollections.co.nz
2. Placing an Order
2.1 Information contained on this Website constitutes an invitation to treat. No information on this Website constitutes an offer by Seller to supply any Product(s).
2.2 By placing an order via the Website, the Customer makes an offer to purchase the Product(s) he or she has ordered on these terms and conditions. Seller may or may not accept the Customer’s offer at the Seller’s absolute discretion.
2.3 Upon receipt of the Customer’s order, Seller will verify the availability of the Product(s) and the Customer’s credit card or other payment details. Seller has not accepted the Customer’s offer and is not obliged to supply the Product(s) until Seller has shipped the Product(s).
3.1 Product(s) will be delivered to the delivery address provided by the Customer. Seller will use its discretion in selecting a reputable carrier and appropriate means of delivery.
3.2 Any dates quoted by Seller for the delivery of Product(s) are estimates only and shall not form part of the contract. Seller aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. Seller shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time.
3.3 If an order shipment is undeliverable, the Product(s) ordered by the Customer will be returned to the Seller at the Customer’s expense, as stock available for sale to other customers. The returned Product(s) can be sold to other customers and the Seller shall have no obligation to reserve or redeliver the returned Product(s) to the Customer.
4. Pricing and Information Disclaimer
4.1 All pricing subject to change. For all prices, products and offers, the Seller reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
4.2 While the Seller uses reasonable efforts to include accurate and up-to-date information on the Website, the Seller makes no warranties or representations as to the Website’s accuracy. Every effort has been made to provide accurate product images however all images provided on the Website are intended as an approximate guide only. The Seller assumes no liability or responsibility for any errors or omissions in the content on the Website.
5.1 For Product(s) not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Product(s). The Seller shall not be bound by nor responsible for any term, condition, representation or warranty given by the manufacturer of the Product(s).
6.1 Seller will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise.
6.2 Sellers maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to Seller in respect of the Product(s) in question.
7.1 Failure of Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.
8. Force Majeure
8.1 Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
9.1 Seller reserves the right to update, revise or change these terms and conditions, the price of the Product(s) and any other information listed on this Website at any time. Any such changes will take effect when posted on the Website and it is the Customer’s responsibility to read the terms and conditions and confirm the price(s) of the Product(s) on each occasion when he/she uses this Website. The Customer’s continued use of the Website shall signify his/her acceptance to be bound by the latest terms and conditions.
10.1 The Seller may cancel these terms and conditions or cancel delivery of Product(s) at any time before the Product(s) are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Customer any sums paid in respect of the price for those Product(s). The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
11.1 Products displayed on this site can be purchased using the PAYPAL facility. Customers can be confident that all of their details are protected by the latest security mechanisms and are used only for purposes of the transaction fulfilment.
11.2 Privacy details are available on the site. Alternatively you can email, phone or fax your order to us.
12.1 Every effort has been made to portray the colours of our products that appear on this website as accurately as possible. However as the actual colours you see depend on the monitor you are using, www.shanton.co.nz cannot guarantee that your monitor’s display of any colour will be completely accurate.
13. Your use of www.knitwearcollections.co.nz website
13.1 The material on this Website is not to be downloaded, modified, transmitted, or otherwise used for any public or commercial purposes.
14. Incorrect Orders
14.1 If you receive any incorrect product in your order, please verify that they are different than what is displayed on your order confirmation.
14.2 If the items that are shipped are different than the product that are included in the order confirmation, we will exchange them and reimburse you for the shipping charges that you incur when you send back the incorrect merchandise. We will ship out the correct replacement product immediately once we receive the product.
14.3 If the product that you receive are the same as the product that are included in the order confirmation, but are different than what you intended to order or they do not fit, we will still exchange them for you, but we will not reimburse you for your shipping charges. We will ship out the correct replacement product as soon as possible once we receive the original product.
14.4 Please check in the shopping cart and the order confirmation that you receive by email, that the order includes the product, quantities, colours, sizes or other variations that you intended to order.
14.5 If you realize that there is a mistake in your order, please contact us immediately on email@example.com, so that we can stop and correct the order before it is shipped, or take other corrective measures if the order has been shipped already.
15. Returns Policy
15.1 If you receive any incorrect product in your order, please refer to the section above incorrect orders.
15.2 If you are unsatisfied with your product (excluding Gift cards/vouchers), please return it to us for an exchange or a full refund (excluding postage) within 14 days from the date of delivery.
15.3 Please ensure that the tags are still on the product, that it is still in the original packaging and that the product has not been worn and is in exactly the same condition in which you received it. No customer damaged or worn products will be accepted back for refund or exchange.
15.4 In the unlikely event of there being a fault with a garment or accessory, we will endeavour to send a replacement, or will give you a refund. This includes a credit to your card for the cost of your return postage.
15.5 If you have any questions regarding returns, please contact us and we will be more than happy to advise.
15.6 Please contact us before returning any product.
16. Coupon Discount.
16.1 A coupon discount is redeemable for merchandise sold by knitwearcollections.co.nz
16.2 It is not returnable or redeemable for cash.
16.4 A coupon discount code is only redeemable online
17.1 Your use of this website constitutes an agreement between you and www.knitwearcollections.co.nz This agreement shall be construed in accordance with the laws of New Zealand, without regard to any conflict of law provisions.
ABOUT THIS WEBSITE
This website (“Website”) is owned and operated by Otago Knitwear Ltd, a New Zealand company (“we”, “our” or “us”). We make our Website and other Services available to you for the purpose of providing information about us and our services and, where applicable, to enable you to register online and use our services.
Where your access and use are on behalf of another person (such as a company), you agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms. “You” means you or (if applicable) both you and the other person on whose behalf you are acting.
Please read these Terms carefully. You must immediately stop using our Website and other Services if you do not agree to them. These Terms were last updated on Wednesday 10th February 2021.
You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
If you are given a unique name and/or password to access certain parts of our Website or other Services (“Password”), you must keep your Password secure and:
- not permit any other person to use your Password, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your Password.
You must not attempt to compromise, damage or interfere with our Website, other Services or any network, system, software, data or material that underlies or is connected to our Website (for example, introducing a virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature).
Unless we agree otherwise, you must access our Website and other Services via standard web browsers only and not by any other method (for example, scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
We prefer that you ask for our consent before you link to any part of our Website. We reserve the right, in our sole discretion, to reject or withdraw any linking deemed to be inappropriate, offensive, or associated with any illegal activities, or for any other reason.
You may use this Website only for the purpose of which it is provided. You must not use this Website for any fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this Website.
You must not do, or attempt to do, anything that:
- is prohibited by any laws which apply to our Website, other Services or to your use of them;
- we would consider inappropriate; or
- which might bring us, our Website or other Services into disrepute
(collectively, “Prohibited Acts”).
Examples of what we consider to be Prohibited Acts include (without limitation):
- breaching an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using our Website or other Services to defame, harass, threaten, menace or offend any person;
- interfering with any user using our Website or other Services;
- using our Website or other Services to send unsolicited email messages;
- accessing the Website via non- standard web browsers by methods such as scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method; and
- facilitating or assisting a third party to do any of the above acts.
EXCLUSION OF COMPETITORS
You are prohibited from using our Website and other Services, including the information and materials available on them, in any way that competes with our business. If you breach this obligation, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Any payments will be made through our third party payment processor or by any other payment method we choose. The terms of payment will be set out in the terms that you agree to when purchasing our Services.
Materials and information on our Website and other Service (“Content”) are subject to change without notice. We do not undertake to keep our Website and other Services up-to-date, and we are not liable if any Content is inaccurate or out-of-date.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- our Website and other Services being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through our Website and other Services;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use our Website or other Services.
To avoid doubt, you are responsible for ensuring the process by which you access and use our Website or other Services protects you from this and any Website linked from our Website or other Services. Any link on our Website or other Services to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, those Websites or their contents, operations, products or operators.
We make no representation or warranty that our Website or other Services are appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of our Website or other Services is not illegal or prohibited, and for your own compliance with applicable local laws.
Our Website or other Services may from time to time contain advertisements or other content provided by third parties and links to third party Websites. This is provided for your convenience only and we are not responsible for any third-party content on our Website or any website to which our Website contains links. The inclusion of any such content or link does not imply our endorsement or approval of any linked Website or any association with its owners or operators.
We (and, where applicable, our licensors or content suppliers) own all proprietary and intellectual property rights in our Website and other Services (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and any network, system, software, data or material that underlies or is connected to our Website and other Services.
Your use of our Website and other Services, plus your use of and access to any Content, does not grant or transfer to you any rights, title or interest in relation to our Website, other Service or Content. You must not, without our prior written consent:
- copy or use, in whole or in part, any Content;
- reproduce, modify, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Website, other Services or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another Website or platform, or creating derivative works from the Content.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of:
- your failure to comply with these Terms, including any failure of a person who accesses and uses our Website or other Services by using your Password.
- b. any content or information you submit, post, transmit or make available through the website or otherwise using our Services.
The word “Loss” in these Terms includes loss of profit, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor-client basis.
This indemnity is a continuing obligation, independent from the other obligations under these Terms, and it continues after these Terms end. It is not necessary for us to suffer or incur any Loss before enforcing a right of indemnity under these Terms.
To the maximum extent permitted by law:
- you access and use our Website or other Services at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, our Website or other Services or your access and use of (or inability to access or use) our Website or other Services.
This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
This includes Loss suffered by you or any third party, arising from or in connection with:
- any inaccessibility of, interruption to or outage of our Website or other Services;
- any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date; and/or
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use our Website or other Services. (To avoid doubt, you are responsible for ensuring the process by which you access and use our Website and other Services protects you from this).
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Loss.
To the maximum extent permitted by law, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed $100 NZD.
Personal information is information about an identifiable individual (a natural person).
You are not required to provide personal information to us, although in some cases if you choose not to, we will be unable to make certain sections of our Website or other Services available to you. For example, we may need to have your contact information in order to provide you with updates from our Website or other Services.
SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to or use of our Website or other Services (or any part of them). We may also remove your profile or any content posted by you, plus cease providing services to you.
On suspension or termination, you must immediately cease using our Website or other Services and must not attempt to gain further access.
In the event of termination, all restrictions imposed on you and limitations of liability set out in these Terms will survive.
Any disputes between users of our Website or other Services with other users or must be dealt with by those parties without our involvement. In the event of any dispute between us which arises from, or is in connection with, these Terms (“Dispute”), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days of receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. If the parties do not resolve the Dispute within 21 days after receipt of the notice, they must agree on an alternate method to resolve the Dispute or the Dispute may be referred by either party (by notice in writing to the other party) to mediation.
We may change these Terms from time to time by updating them on our Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use our Website and other Services, you agree to the amended Terms. If you do not agree to the changes, you must stop using our Website and other Services.
The Terms were last updated on Wednesday 10th February 2021
If we need to contact you, we may do so by email or by posting a notice on our Website or other Services. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms, our Website or other Services are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
For us to waive a right under these Terms, the waiver must be in writing. Without prejudice to any other provision of these Terms we have no liability for any lack of performance, unavailability or failure of the services, the Website or any content on or accessed through the Website or any failure of us to comply with the Terms that is caused by any matter beyond our reasonable control.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of our Website or other Services and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to our Website or other Services that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.