TERMS AND CONDITIONS: ONLINE SALE OF MERCHANDISE
IMPORTANT – PLEASE READ
Kooga NZ Ltd (“Kooga”) would like to draw your attention to these terms and conditions which apply whenever you purchase goods from us online. Please read them carefully before you proceed with your purchase because they explain important information about the basis upon which Kooga will sell goods to you.
BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. You should print and keep a copy of these terms and conditions for your records.
Definition of terms
- “Website” means our website, including the online shop at www.kooga.co.nz
- “Goods” means the goods which Kooga will supply to you in accordance with these Terms and Conditions
- “Order” means an order which you place with us detailing the goods you wish to buy from us.
- “We/Us/Our” means Kooga NZ Ltd (company number 1736478) of 45 Tennyson Street, Napier, Hawke’s Bay, New Zealand.
- “You/Your” means you, the person using/visitor to our website and/or buying goods from Kooga NZ.
HOW THESE TERMS AND CONDITIONS APPLY
1.1 The Terms in Section A explain how the Kooga website must be used. They apply to ALL users of the Website. Section B also applies when you buy goods using the website. We may amend the Terms and Conditions from time to time and you are advised to check them regularly for any changes which we make.
About this website
2.1 This website is operated and maintained by Kooga NZ Ltd, a company registered in New Zealand with company number 1736478, of 45 Tennyson Street, Napier, Hawke’s Bay, New Zealand.
2.2 This online shop section of this website is intended for people who are consumers. The information on this website is in English, all communications shall be in English and the website is designed to comply with New Zealand law. You may be viewing the website in a market in which we do not commonly sell our goods and Kooga NZ cannot be held responsible for non-compliance with any local advertising or other laws in relation to this website or its contents. We may restrict access to some parts of the website to users who have registered with us.
COPYRIGHT IN THE WEBSITE
The copyright and other intellectual property ownership rights in this website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Kooga. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this website. Anyone may view this website and print pages from it for personal use only, for browsing our products and placing an order with us. Any other use is strictly prohibited without our prior written consent. It is expressly forbidden to make any copy or copies of any material included on the website for any business related use whatsoever. It is also not permitted to any way copy, reproduce or use any trademarks, logos or brand names which appear on the website.
Linking to our website from other websites remains at the sole discretion of Kooga and we reserve the right to require the cessation of providing links to our website at any time.
Kooga has taken great care in compiling this website but neither Kooga nor its directors, employees or other representatives or any other companies within our group of companies will be responsible for any damages, losses or costs however they arise, which have occurred as a result of you use of or reliance on the website.
Although Kooga aims to provide information which is accurate and up to date, we do not guarantee to do so. You are responsible for making sure that your reliance on this website is suitable for your own purposes and the information which we provide is not intended to be advice which you should rely on.
The website is provided on an “as is” basis and we exclude all warranties and representations of any kind with respect to this website and its contents to the fullest extent which the law allows.
Kooga may change, remove or in any other way adapt the content of the website at any time and without advance notice.
We may provide links to other websites. If we do this, those links are provided for your convenience and Kooga is not to be held responsible for the content or availability of those websites or your use of them. Kooga does not guarantee that this website will always be available or free from error, virus or similar.
We aim to ensure that the product images on our website are as accurate as possible but there may be slight colour variations between the goods and the images shown online.
HOW THIS WEBSITE IS USED
Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this website.
All information which you submit should be accurate, truthful and not copied.
At all times you must use your own identity when using the website and should ensure that all information provided by you is accurate and up to date to the best of your knowledge. You are not permitted to use any information about any other person unless you have their explicit permission to do so.
You must not corrupt or attempt to corrupt the website, flood it with information causing it to malfunction or use any features which may affect the website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
Kooga will not be liable for any loss or damage which you suffer as a result of any harmful material infecting your computer, data or other material due to use of our website.
Our security procedures require that if you have a password you must treat that information as confidential and must not disclose it to anyone.
Kooga reserves the right to refuse entry to this website to anyone who does not comply with these Terms and Conditions.
SECTION B: TERMS OF SALE
6. AGREEMENT FOR THE SALE OF GOODS AND ORDERING PROCESS
6.1 The website displays goods advertised for sale and provides information about them. By advertising goods on the website, Kooga is inviting you to place an order with us. If you place an order Kooga is not obliged to accept that order and the contract between us will only be formed if and when we accept your order. You may include any number of items within a single order, subject to any restrictions set out in these terms and each order placed by you will form a separate contract between us. We reserve the right to refuse to supply goods to any person.
6.2 Any terms and conditions appearing or referred to in the order or otherwise stipulated by you shall have no effect. Any variation of the contract must be confirmed in writing by Kooga.
7. PRICE AND PAYMENT
7.1 Prices and delivery charges are as published on the website when we accept your order. Prices include GST and are in New Zealand dollars (NZD). Delivery charges are shown separately. Each separate order placed by you will incur a separate delivery charge. The delivery charge for an order will be shown on the shopping cart page below the items selected. This means that if you order more than one item in a single order, there is no delivery charge for the additional items.
7.2 Kooga may amend prices at any time. Where there is a difference between the price at the time the order is made and when it is accepted, we will inform you and ask you if you wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to your credit or debit account.
7.3 Offers and promotions on the website are subject to availability and we may change or withdraw them at any time and without notice. Nothing shall oblige Kooga to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
7.4 Kooga must receive full payment for the goods before they are dispatched.
7.5 Kooga accepts payment via Visa and Mastercard. You are only able to use a credit card if you are the named cardholder. By placing an order, you confirm that you are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, we will not accept your order and will not be liable for any delay or non-delivery.
7.6 Payments are processed through Payment Express, a secure payment gateway and Visa and MasterCard certified solution developed by DPS which facilitates electronic payments via internet and other channels. Credit card information is at no point handled by Kooga and is not stored by us in anyway.
7.7 If we do not have sufficient stock of goods, we will notify you and your credit or debit card transaction will be cancelled so that you will not be charged. We will do this as soon as possible and by no later than 30 (thirty) days from the due delivery date. Kooga will not be responsible for any compensation if goods which you order are not available for any reason.
7.8 Kooga will validate the names, address and other details supplied by you against commercially available records (including Electoral Roll data and credit reference services). We may also use third parties to do this. Information which you provide to us may be disclosed to a registered credit reference agency which may keep a record of the information. By placing an order with Kooga you agree to such checks. These measures are taken to protect you and to ensure that your online shopping experience with us is as secure as possible.
8.1 If you receive goods that are the same as the items included in the order confirmation but are different to what you intended to order or they do not fit, we will exchange them for you or provide you with a credit. Please note we will not reimburse you for your shipping charges in returning goods to us. We will provide a credit or deliver a replacement immediately once we receive the original items.
Please ensure any returned items are returned to us within 10 working days of the date when you received the goods. Returned goods must be received in their original condition and packaging with all tags and labels still intact. Please note that no customer damaged or worn good will be accepted by Kooga for exchange or credit.
Please check your shopping cart and the order confirmation to ensure that your order includes the items, quantities, colours and sizes or other variations that you intended to order. If you realise there is a mistake in your order, please contact us immediately so that we can take corrective measures to ensure that the right order is dispatched. Please contact us before returning any product.
In the unlikely event that there is a fault with good received, please contact us in the first instance for further information regarding the returns process and we will endeavour to send a replacement or give you a credit. The credit will include the cost of return postage to send the goods back to Kooga.
All returned goods should be sent to:
Kooga NZ Ltd, 45 Tennyson Street, Napier, Hawkes Bay, New Zealand.
8.4 Kooga warrants that the goods which we supply are of satisfactory quality and are fit for the purpose for which goods of that nature are commonly supplied.
8.5 If you return goods to us for one of the reasons outlined above we will inspect the goods and either replace them or issue your with a credit if it is determined that the returned goods are reasonably accepted by us as defective or faulty or which are otherwise not in accordance with the Contract.
8.6 Whenever you return goods to us because you believe they are faulty we ask that you return the goods to us using recorded delivery, available at any NZ Post outlet so that you have proof of posting. Kooga will not be responsible for goods that are lost or damaged in the post.
9.1 Nothing in the contract or elsewhere will exclude or limit our liability for death or personal injury caused by our negligence or any liability for fraudulent misrepresentation or fraud or liability which we are responsible for in relation to consumer protection rights or for any other matters which it would be illegal for us to exclude, your statutory rights are not affected.
9.2 To the extent that Kooga is liable to you in respect of breach of contract, for negligence or for any other legal liability in relation to the good or this Contract or otherwise, our total liability to you will be limited to the value of the goods which are the subject of the liability, paid to you by us and any losses which are foreseeable as a direct consequence of us breaking our contract with you.
9.3 Except unless we explicitly state elsewhere, Kooga shall not be responsible for indirect or special losses which happen as a side-effect or consequence of any main loss or damage or for anything which we or you could not reasonable anticipate. This includes but is not limited to the following, however they arise:
9.3.1 Lost profits, income or revenue
9.3.2 Loss of savings
9.3.3 Loss of data
9.3.4 Loss of use of money
10. 1 Kooga aims to deliver the goods within the timescales indicated on our website. However it should be noted that time is not of the essence for delivery or performance which means that we will not be responsible if goods are delivered outside indicative times and we will not be liable for the consequences of any delay. If Kooga is unable to deliver the goods within the indicated timescale, we shall use reasonable efforts to inform you and provide an amended delivery time. We will not be liable for the consequences of any delay. Our liability to you is restricted to the limits set out in clause 9.2 above.
10.2 If goods are out of stock then we will let you know and let you know if there are available alternatives. We will try to replenish low stock levels as soon as possible although we will not be obliged to do so. If you order more than one product, we do not guarantee that all goods will be delivered to you in one delivery and we reserve the right to deliver in installments.
10.3 Ownership of the goods will only pass to you when Kooga receives full payment including delivery charges (if applicable). The goods will be at your risk from the time of delivery and you should therefore take reasonable care of them.
10.4 Goods will be delivered to the address which you provide in the order process. You must provide a valid address for delivery. The delivery method which we use may vary depending on the nature and number of the goods. We shall select what we think is the most appropriate delivery method for the goods.
11. OUR RIGHTS IN THE GOODS
All ownership rights known as intellectual property rights in the Goods including all designs, trademarks, brand names, images and logos are and shall remain the property of KooGa. At no time shall any rights, title or interest in the intellectual property rights pass to you.
12.1 Kooga will not be in any way responsible to you for a failure to sell goods which you wish to buy or otherwise for a failure to comply with our obligations under the Contract or any costs or liabilities which you incur as a result of any circumstances beyond our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
12.2 The contract between you and us is binding. You may not transfer or assign your rights or obligations to another person without the express agreement of Kooga. We may transfer or assign our rights and obligations under the contract or appoint third parties to assist us in performing our obligations at any time provided that this will not reduce our obligations to you.
12.3 If any clause of this contract is found in any way to be void by a Court or other competent authority then all other clauses of the contract will continue to apply.
12.4 If either Kooga or you do not at any time act on any rights which we have under this contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights of either party.
12.5 This contract is subject to New Zealand law and both we and you agree that any dispute arising under or connected to it will be decided by the New Zealand courts.
12. 6 No changes to the contract will be binding unless both parties agree to them in writing. We may amend these terms at any time and without notice to you. Any change will take effect immediately after being posted on the website and will be deemed to be accepted by any person who uses the website. Where you have already placed an order which we have accepted, the contract will remain subject to the version of the terms which were in place at the time your order was placed.
12.7 Nothing in these terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these terms will not change any rights which the law grants to you which that law does not allow us to change or limit.
12.8 Any notice you send us will be deemed delivered as follows depending on how you send it:
12.8.1 on the day on which it is left if you deliver the notice by hand: or
12.8.2 on the day on which it was posted if you post the notice as shown on the proof of postage: or
12.8.3 on the day on which it is sent correctly if by fax or email:
and in each case it should be sent to the address set out at clause 8.3.
12.9 A person who is not party to this contract shall have no right under the Consumer Guarantees Act 1993 to enforce any term of it which means that only Kooga and you have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
12.10 The contract is the entire agreement and understanding between us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the contract neither of party has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the contract or on the website.
12.11 Kooga has a procedure for investigating complaints and for dealing with questions about our website.
Kooga NZ Ltd
45 Tennyson Street, Napier