Ahh - the wonder of the small print. We have to have it. We’ve been told as much by the men with briefcases. So here it is. Read it if you want.
Cloke Terms & Conditions
Welcome to www.cloke.co.nz (the Site).
In these terms and conditions (Terms), “Cloke” “we”, “our” or “us” means Cloke and any reference to “you” or “your” refers to you.
When you access, browse, view, use, or order our products from the Site you agree to be bound by these Terms and any policies that we refer to in these Terms, including the following:
Terms of Sale
We may amend these Terms from time to time by posting the revised version on the Site or sending you an email before the effective date of any amendment. If you continue to use our Site following the effective date of an amendment to these Terms, then you will be deemed to have accepted the amendment. If you do not accept any amendment to these Terms you will not be penalised by us, however you may no longer use the Site from the effective date of that amendment.
TERMS OF SALE
Our Terms of Sale apply to you when you purchase a product from us on the Site, and you agree to be bound by our Terms of Sale when you order a product from the Site.
1. CHECKOUT AND YOUR ORDER. When you complete the checkout process on the Site, you are submitting an order for products and this constitutes an offer to purchase the products. Cloke may not accept your offer for any reason.
2. Your offer is accepted by Cloke when you receive an email from us confirming that your order is successful and has been accepted.
3. Once we have confirmed that your order has been accepted, it cannot be amended or cancelled.
4. If you decide to create an account you must provide us with true and correct information, and you must update us of any changes to information relating to your account.
5. You must keep your password confidential and secure and you agree to accept responsibility for all activities that occur under your account. Cloke will not be responsible for any loss or damage that arises out of your failure to maintain the confidentiality of your account and password.
6. If you are under 18, you may use the Site only under the supervision of a parent or guardian.
7. We do our best to display accurate information on the Site, however the information on our Site may not always be up to date, accurate or complete, including (for example purposes only) product descriptions, photographs or pricing information. Measurements on the Site are approximate only.
8. If a product that you have purchased is not as described or pictured, you may return that product to us in an unused condition and we will provide a refund for the product to you.
9. Cloke may change or discontinue products at any time without any prior notice to you.
10. If you have placed an order for a product that is no longer available (or becomes unavailable), Cloke will work with you to either provide a refund, credit, or substitute a similar product and apply any price differences to your order.
11. All prices on the Site are in New Zealand dollars and are inclusive of goods and services tax (“GST”).
12. We may change the prices on the Site at any time, however if you submit an order for a product before any price change, then the purchase price for the product will be the price that was shown on the Site at the time you submitted your order.
13. We accept payment on the Site via VISA and MasterCard.
14. When you pay by credit card, the payment will be processed by third party Shopify on behalf of Cloke.
15. The shipping costs for your order are listed on the Site during the checkout process.
16. If you have any questions about shipping please contact Cloke direct.
17. Risk and title in the products that you have purchased will pass to you when our shipping agent who is responsible for delivering the products considers they have delivered the products to you.
18. You may return any product you have purchased directly from Cloke as long as it is unworn, unwashed, and in the original packaging. A product may be returned for a refund or exchange for any reason 30 days from the date the product ships.
19. Subject to any of our obligations at law, Cloke will replace your Cloke garment within 100 days of purchase if it has faulty fabric, stitching or manufacturing. Please return your garment as soon as possible so we can assess its condition and send you a replacement.
1. You may not:
(a) reproduce, adapt, copy, distribute or incorporate in any other work, in whole or in part, any information, content or material from this Site, including any trade mark appearing on the Site, without the written permission of Cloke;
(b) use the Site for any illegal activity, or for any activity that would cause us to breach any law;
(c) use the Site in any way that may bring us into disrepute, or for any activity that is inappropriate, including any use that is obscene, offensive or abusive; or
(d) create a link to the Site (or any part of the Site) from any other website, without the prior written consent of Cloke.
2. The copyright in all information, material, content (including rights in text, graphics, arrangement and design) that is displayed, or available on the Site belongs to Cloke or its licensors.
3. Nothing in these Terms constitutes a transfer or licence of any of our intellectual property rights, including any intellectual property rights that we have in and to the information, material or content that is displayed or available on the Site.
4. Cloke may change the information, content or material that is displayed or available on the Site at any time without any notice.
5. Cloke does not accept any liability for any information, content or material that appears on the Site that is made in an unauthorised manner, or that is posted or uploaded to the Site by another user of the Site.
6. This Site may contain links to third party websites that are not under the control of Cloke. Cloke does not endorse, and is not responsible in any way for any information, content or material that is available on such third party website.
7. You use the Site at your own risk, and to the extent permitted by law Cloke will not be responsible or liable:
(a) other than claims that may arise out of the Consumer Guarantees Act 1993 (if applicable) for any loss or costs incurred or suffered by you or any other person arising out of or in connection with your access to or use of the Site or any linked websites; and
(b) for any loss or damage caused by spyware, viruses, worms, trojan horses or other items of a destructive nature that may be transmitted to your computer by use of the Site, its servers, or e-mail sent from Cloke.
8. You agree that the Site:
(a) will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
(b) Cloke may, at any time and for any reason, make the Site, or any part of the Site unavailable to you or any other person.
9. To the extent permissible by law, Cloke makes no warranties of any kind, express or implied, as to the operation or security of the Site.
1. If you are a “consumer” for the purposes of the Fair Trading Act 1986 and Consumer Guarantees Act 1993, nothing in these Terms is intended to limit any rights or remedies that you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
2. If you “in trade” and are acquiring goods or services from us for a business purpose, you agree that the guarantees provided in the Consumer Guarantees Act 1993 are excluded to the fullest extent permitted by law.
3. If any provision contained in these Terms is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms will remain in full force and effect and will not in any way be impaired.
4. We may provide you with notices, including notices relating to these Terms by way of electronic communications, including by email or other electric communication through the Site.
5. Force Majure: we have no liability to you for any lack of performance, unavailability or failure of the Site, to supply you any product, or failure to comply with these Terms where the same arises from any cause reasonably beyond the control of Cloke.
6. Subject to our obligations under law, our total liability to you will be limited to the amount actually paid by you for the purchase of products from the Site. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
7. By visiting the Site, you agree that the laws of New Zealand will govern these Terms, and if there is any dispute relating to these Terms that might arise between you and Cloke the New Zealand courts will have non-exclusive jurisdiction over such dispute.
If you read all of that...then you must have been really bored. Still, good on ya. Now go treat yourself to a coffee and a cheese roll.