Terms & Conditions

TERMS OF USE

These Terms (including our Privacy Policy and Returns Policy apply to the use of our website (www.defy.co.nz) , including the use of the information and material contained on or accessed through this website or any linked website, purchases from our Website and participation in our database and promotions. Please read these Terms, our Privacy Policy and Returns Policy carefully. If you do not accept these Terms, our Privacy Policy and Returns Policy, you must not use our Website or purchase products from us. These Terms supersede any other agreement, terms or conditions (written or otherwise) included with any purchase order.

Order Acceptance Policy

When you place an order with us, you are making an offer to buy products. We will send you an email to confirm we have received and accept your order, which means a contract has been made between us. Payment is required for your order at the same time as placing the order.

Not withstanding the above, in the event that products are no longer available or there is insufficient stock to fulfil your order, we will supply those products which are available and refund the balance of your payment (for products which we can not supply) to the account which it originated from. An email confirmation of the refund will be sent to your email address supplied when making the order.

Defy user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by DEFY. We reserve the right to refuse or cancel any orders that we believe, in our sole discretion, to be placed for commercial purposes e.g. from any reseller (including but not limited to a dealer, exporter, wholesaler).

We also reserve the right without liability to refuse and/or cancel any order (whether it has been confirmed or payment has been received) for any reason whatsoever. Upon cancellation of an order we will make all reasonable attempts to contact you using your details provided. All monies received will be refunded to the account which it originated from.

Pricing

All prices listed on our website are in New Zealand dollars and are inclusive of Goods and Services Tax. If you are an overseas Customer the amount you are charged on your credit card for products may vary according to the currency conversion on the day of your purchase or the date of the charge to your credit card.

All prices are correct at time of publication, however we reserve the right to change prices at any time without notice. If this should happen after we have accepted your order, we will contact you prior to processing your order.

In addition to the price for products, delivery charges may incur at the checkout when completing your order. If products are being sent overseas there may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total.

Prices may differ between our online store and in store prices.

We reserve the right without liability to withdraw any products from sale without notice, for any reason.

Payment Options

We accept payment from the following credit cards: Visa and MasterCard.
Bank transfer

All payments via our Website are processed using Secure Sockets Layer (SSL) technology to protect your information as it is transmitted to us. We refer you to our Privacy Policy for more information regarding SSL.

Delivery

At this time, we only deliver to New Zealand addresses.

We will endeavour to dispatch all orders within 1-5 working days of receipt of order to the address advised by you in your order.

To ensure successful delivery, please provide a delivery address where someone will be present during business hours to sign for the receipt of your package. Post Office Box addresses are not accepted.

It is our policy that a signature is required for all deliveries. If you choose not to have a signature for deliveries, you do so at your own risk. Upon delivery to you (signature or otherwise), you assume all risk and responsibility for the products. Defy accepts no responsibility for any damage or theft that may occur following delivery to you.

Any delivery times provided by Defy are estimates only. Defy does not accept any liability in any circumstances for any loss or damage suffered as a result of late deliveries.

In the event that multiple products are ordered, part deliveries may be made where stock is not available for all products and we will make all reasonable attempts to notify you of such.

Charges - Some overseas deliveries and/or heavy/bulky products will be charged an additional shipping rate. In most cases the prices quoted at checkout will be correct, but in some cases additional freight charges may be required. Our customer service team will contact you if this is the case and you must agree to these extra charges before the order can be shipped.

Bulky/Heavy orders can sometimes take 1-2 days extra for delivery, so please factor this into any orders for large items.

Defy reserves the right to change the shipping method of any order as required.

Within NZ

Orders placed before 2:00pm New Zealand time should be received between 1-3 working days of dispatch. Rural areas should take no more than 5 business days.

Please contact our customer service department if your order has not been received within the recommended timeframe so that we can track the package sent to you.

Change of Address

The shipping address for your order is to be supplied and confirmed at the checkout and in the order and shipping confirmation emails from us. In the event that an incorrect address was entered, you must notify us of any address changes immediately. Defy cannot accommodate any address change requests received after the products have been dispatched.

Defy does not accept any liability in any circumstances for orders shipped to an incorrect or invalid address provided by you.



Faulty Goods

Items are classified as faulty if they are not of satisfactory quality, fit for purpose or as described. Items which are damaged or are affected due to normal wear and tear are not considered faulty.

Defy will always meet our obligations under the Consumer Guarantees Act 1993 to provide a remedy for any faulty items. Please see our Returns Policy.

Returns

Please visit the Returns Policy for full details on the return process.

Warranties and Repairs

We will honour our obligations under the Consumer Guarantees Act 1993.

Copyright

Copyright in this Website (including text, photographs, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994, and except as expressly authorised by these Terms, you may not in any form or by any means:

• Adapt, reproduce, store, distribute, print, display, perform, publish, use or create derivative works from any part of this Website; or
• Commercialise any information, images, products or services obtained from any part of this website, without our written permission.

You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this site and for no other purpose.

All rights not expressly granted herein are reserved.

Errors and Omissions

We endeavour to ensure all information on our Website is accurate, however errors and omissions may occur. We cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this Website or that it is up to date. For example (but without limitation):

• prices and colours of products may change, and all products are subject to availability;
• variations to products may occur from time to time.

In the event of an error (including if a product is listed at an incorrect price or with incorrect information), we reserve the right, without liability, to refuse or cancel any orders. We do not accept any liability (direct or indirect) for any loss or damage which may directly or indirectly result from any advice, information or omission whether negligent or otherwise, contained on this Website.

If your order is cancelled by Defy but your credit card has already been charged for the purchase, Defy shall immediately issue a credit to your credit card account in the amount of the charge less any charges payable by you.


Links




This Website may contain links to other sites on the Internet that are owned and operated by third parties. The Linked Websites are provided as convenience for you and do not imply that we endorse, check or approve of the third party sites. Defy is not responsible for the operation of or content located on or through any such Linked Websites.


Colour Representation

Whilst we try and ensure all details and descriptions which appear on the website are accurate, colour descriptions are a representation only. The reproduction of colour is as accurate as the photographic and production process will reasonably allow and we have made every effort to display an accurate representation of each product's colour. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display will accurately reflect the colour of the product that's delivered to you.

Disclaimer

Limitation of liability: Notwithstanding any other provisions in these Terms, to the maximum extent permitted by law, we do not accept responsibility, and we are not liable, for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any Linked Website.

Warranties: Notwithstanding any other provisions in these Terms, to the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to the supplying of the products again where such legislation gives us that right.

Specific warnings: You must ensure that your access to and use of this Website or any Linked Website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this Website or any Linked Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any Linked Website.

Indemnity: You indemnify us and our officers and employees against any claim by a third party or any loss, costs, damages, expenses (including all legal costs and expenses incurred on a solicitor/own client basis) we incur and all actions, suits, claims, demands and other proceedings whatsoever or howsoever made or brought against us, as a consequence of: (a) your breach of these Terms; (b) your use of your hyperlinks to our Website; or (c) your use of this Website or any information or material which is made available to you through this Website.

Children

As per our Privacy Policy no one under the age of 13 years is permitted to provide information via our Website. Minors under the age of 18 years are not permitted to make purchases without parental consent.

Privacy

Please refer to our Privacy Policy

Prohibitions

You must not:

• attempt to or otherwise damage, interfere with or introduce anything (including a virus) to this Website or any network or system underlying or connected to this Website, or act in any other way that compromises this website or any network or system underlying or connected to them;
• use this Website or any information or other material from this Website, for any commercial purposes.

Jurisdiction

These Terms and this Website are governed by, and are to be interpreted in accordance with, the laws of New Zealand.

Changes to these Terms

We reserve the right to alter, modify or update these Terms at any time, and it is your responsibility to monitor our website for changes. Accordingly, while these Terms apply to this order, please do not assume the same terms will apply to future orders. You can view the most current version of these Terms at any time on our website.

General

If you breach these Terms, your right to access and use this Website shall cease immediately.

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.

Store credits are unable to be used Online.

Locals

Please read the full Terms & Conditions of the Loyalty Programme.




Current Promotions & Offers


LIMITED TIME ONLY OFFERS

We reserve the right to run limited time only offers whereby we may offer a promotional offer or discounted price for a limited time or while stock lasts. The offer details including any end dates will be clearly stated and promoted. All of our offers are subject to the following terms and conditions; Offer cannot be applied to previous purchases and cannot be applied after checkout / purchase. Offer not valid with any other deal. Please refer to our usual promotions T&C's above and remember; the refund amount for any returns will match the price at purchase and; promotional vouchers are non-refundable and not applicable to shipping costs and; this offer cannot be used in conjunction with any other.

2 FOR OFFERS



Purchase any two qualifying items for a discounted price. To receive the offer, all qualifying products for the offer must be ordered in the same transaction. The discounted price per item will be visible at checkout and is applied per item on a pro rata basis. Promotion valid until stock runs out. Offer available in store and online . Offer cannot be applied to previous purchases and cannot be applied after checkout / purchase. Offer not valid with any other deal. Please refer to our usual promotions T&C's above and remember; the refund amount for any returns will match the price at purchase and; promotional vouchers are non-refundable and not applicable to shipping costs and; this offer cannot be used in conjunction with any other.


Last updated 07 June 2022

---

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by {Defy nz}to you, the purchaser of goods and services from us, including your use of the website at {www.defyclothing.co.nz} . They are effective from {15 June 2022} and will replace all earlier {Defy } terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept the following credit cards:

Visa, MasterCard and American Express Bank transfer

Shipping and delivery

Returns policies vary significantly from one retailer to the next and can be vastly different across industries. Therefore, we have not provided you with a shipping and delivery policy template and we recommend you create your own.

Here are some ideas to include in your shipping and delivery terms

- Shipping Costs and Calculations. How is shipping calculated?
- Explain that shipping is calculated once the customer has entered their shipping details
- Delivery time, how long does it take for you to ship the goods to the customer? How much time should it take for the order to arrive with the customer?
- Shipping and delivery days. What days do you ship?
- How to track an order

Returns

All retail Website hosted by Rocketspark must have a returns policy.

Returns policies vary significantly from one retailer to the next and can be vastly different across industries. Therefore, we have not provided you with a returns policy template and we recommend you create your own and we recommend you seek your own legal advice.

To create your own policy we recommend you consider the following elements:

- Applicable consumer laws in New Zealand including the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. Check out: https://www.consumerprotection.govt.nz/general-help/ways-to-buy-and-pay/online-shopping/.

"We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy."

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.


To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.defyclothing.co.nz.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.