Terms & Conditions

`           Last Revised: 17/12/2017

 

Terms and Conditions

 

The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and StokedNZ (“StokedNZ”) (“we”, “us”) (Business Number 9429 046 322 685) and contain the terms and conditions that apply to your access and use to The Services provided by Us.

 

  1. Terms of Use

    1. Please read these terms and conditions (the “Terms”) carefully. By making a purchase from us, you signify that you agree with these terms and conditions. If you do not agree with our Terms and Conditions, we ask you to cease use and access of our website.

    2. StokedNZ reserves the right to modify this Agreement and/or the Policies (and update The StokedNZ Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you check this page regularly.

  2. Service Description

    1. StokedNZ is an online based adventure clothing and accessories store and items sold through our online store will be referred to as “Products”.

 

  1. Privacy Policy

    1. StokedNZ is committed to safeguarding your privacy online. Please review our privacy policy here.

 

  1. Links

    1. This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that StokedNZ endorses, has investigated or verified the linked websites.

    2. StokedNZ makes no warranty or representation concerning these links or the linked websites and you acknowledge that StokedNZ is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites.

    3. You acknowledge that you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

    4. All prices displayed of products advertised on the Website, can be changed without notice.

 

  1. Payments

    1. Payment over the Internet can be made via our secure checkout pages using Electronic Payment Transfer (EFT) or Paypal.

    2. Paypal transactions will incur a 3.4% service fee%

    3. All prices quoted are in New Zealand Dollars (NZD) and are inclusive of Goods and Services Tax (GST).

    4. Full and punctual payment for product(s) will be required, before an order is confirmed.

    5. StokedNZ reserves the right to amend and/or change the pricing and rates at any given time.

 

 

  1. Deliveries

    1. Products purchased from StokedNZ will be transported by GoSweetSpot. 

    2. All products shipped by StokedNZ will be provided with a tracking number.

    3. Delivery addresses cannot be altered once an Order has been processed.

    4. StokedNZ makes every reasonable effort through its packaging and its liaisons with its delivery services to ensure that your parcel is safe for transportation and arrives to you safely.

    5. Ownership of parcels turned over to GoSweetSpot transfers to the buyer. StokedNZ will not be responsible for any loss, or damage to packages. We will not be responsible for any error in the supply of incorrect shipping information, or delivery errors through GoSweetSpot.

    6. Orders will be processed within 48 hours of purchase receipt. Once your order has been processed, you will be provided with a tracking number for GoSweetSpot. Should you have any questions related to your delivery, please contact the Post Office with your tracking number.

    7. The estimated delivery time-frame will range between 1-3 days. Please note however, this is an indication only. At certain times of the year (such as Christmas and Public Holiday periods), it can go beyond this, therefore we recommend allowing up to 10 business days for deliveries.

    8. To ensure the safe delivery of your product(s), we recommend that someone is available to receive your order.

    9. In circumstances where no one is present to receive the delivery, GoSweetSpot may return your order to the nearest post office, or depot for collection, causing a potential delay in your delivery. 

    10. If a parcel or delivery is delivered, and is damaged owing to bad weather or storm, StokedNZ may in some instances (as assessed on a case by case basis) offer a replacement.

 

  1. Refunds

    1. Where a product has been listed at an incorrect price, incorrect description or image due to typographical error or similar oversight, StokedNZ reserves the right to cancel and/or amend a transaction.

    2. Where payment has been processed under circumstances as specified under Clause 7.1, an immediate refund (exclusive of any postage and handling costs) will be issued.

    3. Where a Product ordered and received arrives in a damaged state, and it was a fault from us, StokedNZ, a replacement or refund will be offered.

    4. Where a Product ordered and received is faulty, defective, or declared as unsafe, StokedNZ will offer a replacement or refund.

    5. For all refund requests, the Client must contact StokedNZ on sales@stokednz.co.nz within fourteen (14) days of receiving the package. Images of the product may be requested.

    6. We do offer exchange of products if you change your mind, or the size of the product itself is not right. For further information please refer to Clause 9 - Exchanges.

    7. The Client will generally be responsible for returning the product if it can be posted or easily returned. Reasonable postage or transportation costs will be reimbursed if the product is confirmed to be faulty, however, receipts of postage will be required.

 

  1. Warranty

8.1  The Consumer Guarantees Act and Fair Trading Act provide the basis of StokedNZ’s Warranty policy. The Consumer Guarantee Act sets out minimum standards for goods sold by StokedNZ. In the event that goods sold are not fit for purpose, or are faulty, the customer has the right to a repair, replacement or a refund.

8.2  Our products have a minimum 12-month warranty from date of purchase. Warranty claims cover any fault, defect or failure occurring as a result of the manufacturing process.

8.3  The Client acknowledges that damage or faults occurring as a result of misuse, accident or wear and tear are not covered by our warranty policy.

8.4  If the product is still under warranty then the repair will be at our expense including the freight to return the repaired or replacement product. If the product is out of warranty, then we can still have the product repaired, however, the cost of the repair will be charged to the customer.

  1. Exchanges

    1. If your choice turns out to not be what you had in mind, or it was wrong size, send it back to us within fourteen (14) days in its original packaging (with tags), unworn and unused, and we will happily swap the product or provide a store credit once the item has been returned.

    2. The cost of getting the goods back to us will be at your expense, however, StokedNZ will cover the cost of postage or freight of any replacement goods back to you.

 

  1. User’s Obligations

    1. You agree that at all times that:

      1. You will comply with this Agreement (including all StokedNZ Policies) and all applicable laws and regulations;

      2. You will not use StokedNZ or any of its related services for any illegal or immoral purpose.

 

  1. Copyright

    1. Unless otherwise stated, the information, blogs, text materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of StokedNZ Website and or any of its Platforms are owned and controlled for these purposes by StokedNZ.

    2. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been provided with prior written permission by StokedNZ.

 

  1. Liability

    1. StokedNZ shall not be liable for incidental or consequential damages or expenses. This includes (and is not limited to) any delays, errors, damage to property, loss of income, profits, any direct/indirect/special economic or commercial losses, third-party claims, any punitive damages or any legal costs arising out of, or in connection:

      1. the use of products sold on StokedNZ;

      2. the use of information provided by you through StokedNZ and or its platforms; or

      3. you or anyone else being unable to access StokedNZ for any reason.

    2. You indemnify StokedNZ against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by StokedNZ, arising out of, or in connection with your breach or non-observance of any term of these Terms and Conditions.

    3. This warranty does not affect your statutory rights.

    4. StokedNZ makes no guarantee as to the availability or suitability of products on this Site.

 

  1. Data Security

    1. Our site has been designed to protect the information that we collect online from unauthorized access. We take reasonable steps to safeguard your private information by implementing appropriate physical, electronic and managerial procedures necessary to protect your privacy. For your security, we may ask for identification on credit card purchases for high-value transactions.

 

  1. Disputes and Mediation

    1. If the Client has a complaint about the Service they have received from StokedNZ, please contact StokedNZ directly through to info@stokednz.co.nz.

    2. Mediation will be the first cause of action, if communications between the Client and StokedNZ to attempt to resolve the dispute has exhausted.

    3. All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.

 

  1. Choice of Law

    1. The agreement herein is governed by the law in force in accordance to New Zealand Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the New Zealand Courts.

    2. If any of these Terms and Conditions are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.

 

  1. Law enforcement

    1. StokedNZ reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or
      relevant law.