TERMS & CONDITIONS
Application of these terms
These terms and conditions apply to the purchase of goods from Kekz Limited (“we”, “us” or “our”) and the use of the www.kekz.com website, including any products, services, content or functionality available using that website (the “website”). By purchasing goods or using the website you agree to be bound by these terms.
In these terms “you” means the person accessing or using the website and/or purchasing goods and “your” has a corresponding meaning. If you purchase goods on behalf of others you must ensure that each of those persons are aware of and comply with these terms.
TERMS AND CONDITIONS OF SALE
Purchasing from the website
Goods displayed on the site shopping areas can be purchased using Mastercard, Visa and PayPal. You can be confident that all of your details are protected by the latest security mechanisms and are used only for purposes of the transaction fulfilment.
You will be asked to register as a member of the website. Your shopping address details will be filed saving you the effort of entering these details each time you checkout.
After placing an order, you will receive an email acknowledging receipt of your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy the goods. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email that confirms that the goods have been dispatched. The contract between us and you will only be formed at that time.
The contract relates to those goods whose dispatch has been confirmed by us. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of those goods has been confirmed.
We reserve the right to cancel an order (including an order that has been confirmed by us) in the event that the goods ordered are no longer available, we believe (solely at our own discretion) that the goods are being purchased for commercial purposes or that the order has been placed fraudulently.
Your credit card will be charged by the supplier at the time your order is dispatched.
The goods will be at your risk from the time of delivery. Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
Pricing
You must pay all applicable charges for the purchase of goods. All prices and delivery charges on our site are in New Zealand dollars (NZ$) and include New Zealand GST (if any). We reserve the right to alter prices and delivery charges for any reason at any time. If this should happen after you have placed an order, we will contact you prior to processing it.
If you order goods for delivery outside New Zealand the goods may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of these duties and taxes.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our contract with you that is caused by an event outside of our reasonable control.
Payment
The functionality of our online payment facility is for your convenience only and you use it at your own risk. Information transmitted over the internet is never entirely secure. We take reasonable measures to protect your payment information (e.g. all transactions are processed using a secure online payment facility), however you are responsible for ensuring your computer is free from viruses or other form of corruption. We are not responsible or liable for any unauthorised access or interference with any of your payments.
We may deduct any amounts you owe us from any credit or debit card information you provide us.
Returns
If you are not completely satisfied with your purchase you may return it for any reason within 30 days following delivery. Returned goods must be in their original condition including packaging and accompanied by the invoice. Please contact us at the contacts details provided below and we will advise how best to return the goods to us. You will receive a full refund of the price paid for a returned product. However, unless the goods are faulty or not as ordered, the delivery charges and cost of returning the goods will not be refunded.
Please note, where a refund is provided, it will include the amount to be donated to your nominated school and the school will no longer receive the donation.
WEBSITE TERMS OF USE
Use of the Service by You
You may not download, modify, transmit, or otherwise use any material from the website for public or commercial purposes.
The website content, information and advice is free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.
Other than connecting to our servers by HTTP requests using a web browser, you may not attempt to gain access to our servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the website or otherwise.
You agree not to disrupt, modify or interfere with the website or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of the website. You further agree not to alter or tamper with any information or materials on, or associated with, us and/or the website.
No guarantees
Although we have tried to ensure that the website and its content and functionality is current, accurate and complete, we do not warrant or guarantee such matters. We will take action, within a reasonable time to correct any error or inaccuracy which is brought to our attention.
The website is provided on an “as is” and “as available” basis. We cannot, and do not, guarantee access to the website (or any particular content or functionality) or that your access will be uninterrupted, timely, secure, or error or fault free or that the website or the server that makes it available is free of any virus or other harmful elements.
We may at any time, with or without notice, take any action we consider desirable to protect the security or integrity of the website or systems or to carry out maintenance or upgrades.
Third party websites
The website may contain links to third party websites. These third party websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve, agree with or are responsible for the content or functionality of such third party websites. Separate terms of use may apply to your access to and use of such third party websites.
Intellectual property
We own or licence all intellectual property rights in the website and all content and functionality on the website. You may reproduce (electronically or in hard copy) and use our website content for your personal use only. If you wish to use any third party content you must obtain the prior consent of the relevant owner. This includes content of third party websites you access via links from the website.
Your Privacy & Security Online
We have structured the website so that, in general, you can visit our site without identifying yourself or revealing any personal information. You do not have to provide personal information to access the website, but if you do not provide certain personal information, then you may not be able to access some of the areas and facilities of the website.
If you choose to provide us with personal information when using our site or in some other manner, we will only store, use or disclose that information for purposes associated with our business, which include the following:
- to manage your registration in respect of the website (if applicable);
- to analyse your use of the website to ensure that content from the website is presented in the most effective manner;
- to monitor and/or keep records of our email communications and other correspondence with you. If you send us correspondence that contains personal information, we may use that information to address the nature and purposes of the correspondence;
- to provide you with customer service;
- in order to prevent illegal activity that threatens our computer systems or networks; and
- in order to comply with any applicable laws and/or regulations,
and you consent to the collection, use and disclosure for those purposes and any reasonable related purpose.
We may collect aggregated information by using cookies. Cookies are unique identification numbers like tags that are placed on the browser of internet users. The cookies do not in themselves identify users personally, but may link back to a database record about them. We may use cookies to track any aspect of our site or services.
We may use services such as Google Analytics, which will issue cookies from their own servers and which will be able to track website visitors throughout relevant websites. We do not control how those cookies are issued, or the data that they store.
We may share your personal information with certain service providers who provide services for us or perform administrative or marketing activities on our behalf, or who develop, host or maintain our site. We will otherwise not provide your personal information to third parties unless we have your consent to do so or such disclosure is required by law.
You can ask to access and review the personal information we hold about you. You can also ask us to update or correct any personal information we hold about you. Any such requests may be directed to us at the Contact Details provided below.
All personal information that we hold about you will be collected, held, used and disclosed in accordance with all applicable privacy laws.
We will also ensure that we comply with New Zealand laws regarding unsolicited electronic messages, including by including accurate sender information and a functional unsubscribe facility.
All liability excluded
You use this website at your own risk. To the extent permitted by law we will not be liable for any loss or damage of any kind arising out of, or in connection with, the use of the website by you, including reliance on any information on the website or caused by any technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website, or to your downloading or any material posted on it, or on any third party website it links to.
GENERAL
Changes
We may revise these terms of use at any time (with immediate effect) by amending this page and will not be required to notify you of any such change. Some of the provisions contained in these terms of use may also be superseded by provisions or notice published elsewhere on the website.
Severability
If any part of these terms are held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination will not impair the enforceability of the remaining parts of these terms.
Jurisdiction
These terms and any matters or disputes connected with the website or the purchase of goods will be governed by New Zealand laws and will be dealt with by New Zealand courts.
Contact Details
If you have any queries regarding shopping with us, please email us at sales@kekz.com or phone on 0800 102 314.
