Terms & Conditions
IMPORTANT: ALL USERS MUST READ THIS SECTION
ACCEPTANCE OF TERMS AND CONDITIONS
Changes or modification to the terms and Service
The KIWI Fashion warranty policy covers our products for 12 month from the purchase date. Warranty claims cover any fault, defect or failure occurring as a result of the manufacturing process. Damage or faults occurring as a result of misuse, accident, or wear and tear is not covered by our warranty policy.
If you feel that your purchase has a fault that is covered under warranty please contact us, including as much detail as possible (including a photo of the issue if possible or applicable) so that we can assess the problem and advise you of a solution. If the product is out of warranty the we may be able to have the product repaired, however the cost of the repair will be charged to the customer.
We know from the feedback we receive from you that you love us to hunt down the best products at bargain prices. To do this we try to keep all of our costs down including the cost of covering returns from our customers and do not accept returns except where the basis of the return is covered by the Consumers Guarantees Act or Fair Trading Act. So when you’re at the checkout, take a second to run your eye over your order for any slips of the finger before submitting because once you’ve submitted it, it’s too late
We make every effort to make sure our product descriptions are as detailed as possible and that includes sizing and colour guides for our clothing type product. Please choose carefully as we are unable to exchange product once you've received your order unless we have made a genuine mistake in our description (and yes, we are human) or where your request to exchange is covered by the Consumers Guarantees Act or Fair Trading Act.
If you think you have a case for a genuine exchange request then please contact us first before sending your order back to us as it may get declined and returned to you. In all cases Proof of purchase is required in order to get an exchange. Please note products returned to us for an exchange must be in a resalable condition with packaging intact and all labels etc returned with the item, also, due to copyright issues exchanges are not available on DVD’s, CD’s except where the product is deemed faulty.
In order to use certain KIWI Fashion Services, you may be required to provide personal information (such as identification or contact information) as part of the registration process, or as part of your continued use of the Services. You agree that any registration information you give to KIWI Fashion will be accurate, correct and up to date.
User passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. You agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to contact KIWI Fashion immediately.
Consumer Guarantee Act 1993
The Consumer Guarantee Act sets out minimum standards for goods sold by KIWI Fashion. In the event that goods sold are not of good quality or are faulty, we have the right to repair, replace or a refund you for the product.
Fair Trading Act 1986
The Fair Trading Act is designed to protect the customer being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including: pricing; where the product was made; where the product is from; the meeting of New Zealand safety standards; availability of products in store and the sales techniques used. The Commerce Commission enforces the Fair Trading Act
Product specifications; Pricing; Typographical errors
We are not infallible, and therefore we do not warrant that product specifications, pricing, or other content on the Sites is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, KIWI Fashion shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
You agree to electronic communication for all of your transactions and communication with KIWI Fashion and the Sites. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You can stop receiving communications from us electronically by emailing us and by clicking on an unsubscribe link on our email. You can also unsubscribe by clicking on link in the footer.
While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, completeness, timeliness or fitness for any particular purpose. We make no warranty that products ordered from us will meet your requirements and you should therefore ensure that the products you order will be suitable for your purposes.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
You agree that Kiwifashion.co.nz, in its sole discretion, may terminate your account, use of the Service or use of any other KIWI Fashion services, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if KIWI Fashion believes that you have violated or acted inconsistently with the letter or spirit of the T&C. KIWI Fashion may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this T&C may be effected without prior notice, and acknowledge and agree that KIWI Fashion may immediately deactivate or delete all related Site Content and/or bar any further access to such Content or the Service. Further, you agree that KIWI Fashion shall not be liable to you or any third-party for any termination of your access to the Service.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND KIWI FASHIONEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
KIWI FASHION MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT KIWI FASHIONWILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
Links to Third Party Sites
We don’t have control over websites that KIWI Fashion may link to. KIWI Fashion may contain links to third-party websites that are not owned, operated, or controlled by Kiwifashion.co.nz. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using KIWI Fashion you expressly relieve us from any and all liability arising from your use of any third party website.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KIWI FASHIONWILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KIWI FASHIONHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
KIWI Fashion respects the intellectual property rights of others and we ask our users to do the same. Except as expressly authorized by Kiwifashion.co.nz. you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Kiwifashion.co.nz .co.nz, in whole or in part. The KIWI Fashion site and all its contents are copyrighted materials, protected by New Zealand copyright laws. The compilation of content on our web site is the exclusive property of KIWI Fashion and may not be used for any other purpose other than as set forth on the site. The services and information provided herein are solely for your own private use. You are only permitted to use the KIWI Fashion site as expressly authorized. Nothing contained herein transfers any express or implied right, title or interest in this web site to you.
Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site editor's copyright agent may be contacted via: KIWI Fashion
The trademark “Kiwifashion.co.nz ” and all other trademarks used in the Site are owned or used under license by KIWI FASHIONLTD! and its affiliated organizations. You may not use any of the above or other trademarks displayed on the Site or in any Site content. All rights are reserved.
You agree to defend, indemnify and hold harmless Kiwifashion.co.nz, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Kiwifashion.co.nz. (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Kiwifashion.co.nz .
These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
If you have any questions or concerns in relation to the Website or these Terms and please Contact Us.