Purchase Conditions

 

1. Introduction

1.1    This website can be accessed at http://www.hoodculture.co.nz/, related mobi-sites and software applications (the “Website”)

and is owned and operated by Hood Culture (“Hood Culture”, “we”, “us” and “our”).

1.2.   These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of

the Website.

1.3.   These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your”

or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4.   The Website enables you to shop online for an extensive range of goods which may include apparel, sport / active / fitness and

pet apparel (“Goods”).

2. Important Notice

2.1.   These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the

“CPA”).

2.2.    These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -

2.2.1.        may limit the risk or liability of Hood Culture; and/or

2.2.2.        may create risk or liability for the user; and/or

2.2.3.        may compel the user to indemnify Hood Culture; and/or

2.2.4.        serves as an acknowledgement, by the user, of a fact.

2.3.   Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

 

2.4.   If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Hood Culture

to explain it to you before you accept the Terms and Conditions or continue using the Website. 

2.5.   Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or

obligation, as the case may be, created for either you or Hood Culture in terms of the CPA.

2.6.   Hood Culture permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall

         be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree t

to the Terms and Conditions. 

2.7.    These Terms and Conditions are divided into three sections, as follows:

  • Part A – Orders and Sales;

  • Part B – Privacy Policy; and

  • Part C – General Legal Terms.

3. Returns

 

Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

4. Refusal of Order

We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.

 

5. Service Availability

Items offered on this website are only available for delivery to New Zealand

 

6. Statutory Consumer Rights

Notwithstanding anything in these Terms, certain legislation including the Consumer Guarantees Act (1993), may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these Terms must be read subject to those statutory provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions. If the statutory provisions outlined above apply, notwithstanding any other provision of these Terms, to the extent that we are entitled to do so, we limit our liability in respect of any claim under those provisions to (at our option):

 

(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and

 

(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

 

PART A – ORDERS AND SALES 

7. Registration and use of the Website

 

7.1    Only registered users may order Goods on the Website.

7.2    To register as a user, you must provide a unique username and password and provide certain information and personal details

to Hood Culture. You will need to use your unique username and password to access the Website in order to purchase Goods.

 

7.3    You agree and warrant that your username and password shall:

 

7.3.1 be used for personal use only; and

7.3.2 not be disclosed by you to any third party.

 

7.4    For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will

be denied access.

 

7.5    You agree that, once the correct username and password relating to your account have been entered, irrespective of whether

the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the  order is cancelled by you in accordance with these Terms and Conditions.

 

7.6    You agree to notify Hood Culture immediately upon becoming aware of or reasonably suspecting any unauthorised access to or

use of your username and password and to take steps to mitigate any resultant loss or harm.

 

7.7    By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the

age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

 

7.8    You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the

proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

 

7.9    You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is

otherwise unlawful.

 

7.10   You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein

 without the express prior written consent of an authorised Company representative.

 

8. Conclusion of Sales and availability of stock

 

8.1    Registered users may place orders for Goods, which Hood Culture may accept or reject. Whether or not Hood Culture accepts

an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Hood Culture for the Goods.

 

8.2    NOTE: Hood Culture will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an

agreement of sale between you and Hood Culture come into effect (the “Sale”). This is regardless of any communication from Hood Culture stating that your order or payment has been confirmed. Hood Culture will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

 

8.3.   Orders may not be cancelled after receipt of payment of the Goods by Hood Culture. After dispatch of your Goods, you may

cancel the Sale only in accordance with the Returns Policy. 

 

8.4    Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as

such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Hood Culture liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

 

8.5    You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Hood Culture, Hood Culture will

take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Hood Culture will notify you and you will be entitled to a refund of the amount paid by you for such Goods. 

 

8.6    Please note that all fragrances have been imported without the approval of the manufacturer or its licensed supplier. Therefore

these goods will not be covered by the warranty of the manufacturer or its licensed supplier. However, the Hood Culture Returns Policy applies to all items purchased on Hood Culture.co.nz.

 

9. Payment

 

9.1    We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption

technology.

 

9.2    Payment can be made for Goods via –

 

9.2.1    credit card: where payment is made by credit card, we may require additional information in order to authorise and/or

verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

 

9.2.2    Instant EFT; 

9.2.3    Direct deposit (for large orders)

 

9.3    The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment Assistance,

which is incorporated by reference.

 

9.4    You may contact us via email at info@hoodculture to obtain a full record of your payment. We will also send you email and SMS

communications about your order and payment.

 

9.5    Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a

secure site for payment of the applicable purchase price for the Goods.

 

10. Price and Payment

The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of any items you have ordered, we will inform you as soon as practicable and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect price.

 

The prices on this website include GST but exclude delivery costs, which will be added to the total amount due.

 

Prices may be changed at any time, but (other than as set out above) changes will not affect orders for which we have already sent you an Order Confirmation. Therefore, except as provided above, price adjustments on previous orders are not permitted.

 

Once you have finished shopping, all the items you wish to purchase are added to your basket and your next step will be to go through the checkout process and make payment. To do this, you must follow the steps of the purchase process, completing and verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in the "My Account" area.

 

Payment can be made by Visa, Mastercard or Direct deposit. If you subsequently wish to exchange your order due to "Change of size", this option will only be available if you have used any of the following means of payment: Visa, MasterCard, or Direct deposit.

 

To minimise the possibility of unauthorised access, your credit card details will be encrypted. By clicking "Authorise payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or the credit voucher card. Credit cards are subject to validation checks and authorisation by your card issuer, but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you.

11. Delivery of goods

 

11.1    Hood Culture offers one method of delivery of Goods to you, which is via courier.

 

11.2    Some items (heavy or large, based on volumetric weight) may carry additional delivery fees. These additional fees are

  included in the delivery cost upon checkout. Additional delivery volumetric costs are broken down below:

 

  Volumetric weight (kg)

  • Additional delivery cost

    • 0 - 19.9 kg

      • Free

    • 20 - 29.9 kg

      • $7.50

    • 30 - 39.9 kg

      • $10.00

    • 40 - 59.9 kg

      • $11.50

    • 60 - 79.9 kg

      • $15.00

    • 80 - 89.9 kg

      • $17.50

    • If > 90kg

      • $22.50

    • Where it accepts your order, Hood Culture will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

 

12. Failure to deliver goods

If our supply of the items is delayed by an event outside our control, then we will contact you as soon as practicable to let you know, and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any items you have paid for but not received. With regard to the virtual gift card, we will send it on the date indicated by you when you place your order.

 

Please note however that we do not deliver on Saturdays or Sundays, except in the case of the virtual gift card which will be delivered on the date indicated by you.

 

For the purposes of these Terms, "delivery" will be deemed to have occurred when you or a third party nominated by you takes physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address. The virtual gift card will be deemed to be delivered in accordance with the Terms and Conditions of the Gift Card, and in all cases on the delivery date of the virtual card to the e-mail address indicated by you.

13. Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

14. Vouchers, Coupons and Referral Bonuses

 

14.1 Hood Culture may from time to time make electronic gift vouchers (“Vouchers”) and electronic promotional coupons (“Coupons”)

available for use on the Website towards the purchase of Hood Culture products. Hood Culture may also from time to time offer referral bonuses (in the form of wallet credit for use on the Website) to Users who refer the Website to their friends and meet certain further requirements (“Referral Bonuses”).  This is called “Invite Friends & Earn” on the Website. Vouchers, Coupons and Referral Bonuses can only be redeemed while they are valid and their expiry dates cannot be extended.  More specifically:

 

14.1.1    Vouchers

 

14.1.1.1    Vouchers are valid for 1 year after sale. If your Voucher has not been used within that period, it will expire.

14.1.1.2    Vouchers cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for

redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased. 

14.1.1.3    If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying

via one of our other payment method.

 

14.1.2    Coupons

 

14.1.2.1    Coupons are issued electronically in Hood Cultures sole discretion.  Users do not have a right to Coupons, and

Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used

14.1.2.2    As a general rule, and unless specified otherwise on the specific Coupon itself:

14.1.2.2.1    a Coupon can only be used once, with promotional offers on the Website; 

14.1.2.2.2    only one Coupon can be used per person unless Hood Culture specifies otherwise; and

14.1.2.3    the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if

any, will be payable by you.

14.1.2.4    Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not

transferable to any other person.

14.1.2.5    If Hood Culture is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you.

 

15. Site Promotions

From time to time Hood Culture will run promotions. These promotions will either be on selected products or site wide. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process.

 

15.1    Promo-code discounts, even if site wide, will only apply to physical product. No promo-code discount will be applied to gift vouchers/cards. 

 

PART B – PRIVACY POLICY

16. Privacy Policy

 

16.1    We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.

 

16.2    Should you decide to register as a user on the Website, we may require you to provide us with personal information which

  includes but is not limited to –

 

16.2.1    your name and surname;

 

16.2.2    your email address;

 

16.2.3    your physical address;

 

16.2.4    your mobile number; and

 

16.3    Should your personal information change, please inform us and provide us with updates to your personal information as soon

  as reasonably possible to enable us to update your personal information.

 

16.4    You may choose to provide additional personal information to us, in which event you agree to provide accurate and current

  information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your

  affiliation with anyone or anything.

 

16.5    Subject to clause 16.6 below, we will not, without your express consent:

 

16.5.1   use your personal information for any purpose other than as set out below:

 

16.5.2    in relation to the ordering, sale and delivery of Goods;

 

​16.5.3    to contact you regarding current or new Goods or services or any other goods offered by us or any of our

     divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

 

16.5.4    to inform you of new features, special offers and promotional competitions offered by us or any of our

     divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and

 

16.5.5    to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and

     to transact with us; or

 

16.5.6    disclose your personal information to any third party other than as set out below:

 

16.5.7    to our employees and/or third party service providers who assist us to interact with you via our Website, email or

     any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your

     personal information in order to assist us to communicate with you properly and efficiently;

 

16.5.8    to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order

     for them to interact directly with you via email or any other method for purposes of sending you marketing material

     regarding any current or new goods or services, new features, special offers or promotional items offered by them

     (unless you have opted out from receiving marketing material from us); 

 

16.5.9    to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim

     regarding any Goods you have purchased which requires their involvement; and

 

16.5.10    pursuant to a corporate transaction in terms of which we sell any of our businesses or assets to a buyer of such

       businesses or assets.

 

16.6    We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any

  applicable law, order of court or legal process served on us, or to protect and defend our rights or property.

 

16.7    We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their

  employees and third party service providers) having access to your personal information are bound by appropriate and legally

  binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.

 

16.8    We will –

 

16.8.1    treat your personal information as strictly confidential;

 

16.8.2    take appropriate technical and organisational measures to ensure that your personal information is kept secure

     and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration,         disclosure or access;

 

16.8.3    provide you with access to your personal information to view and/or update personal details;

 

16.8.4    promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal

     information;

 

16.8.5    provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable

     notice and request; 

 

16.8.6    upon your request, promptly return or destroy any and all of your personal information in our possession or

     control; and

 

16.8.7    not retain your personal information longer than the period for which it was originally needed, unless we are

     required by law to do so, or you consent to us retaining such information for a longer period.

 

16.9    Hood Culture undertakes never to sell or make your personal information available to any third party other than as provided for

  in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Hood Culture

  reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal   

  obligation for disclosure of the personal information which may be required of it.

 

16.10    Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability

    whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third

    parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

 

16.11    If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or

    anyone other than Hood Culture, HOOD CULTURE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER      ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. 

    This is because we do not regulate or control how that third party uses your personal information. 

 

16.12    This Website makes use of “cookies” to automatically collect information and data through the standard operation of the

     Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate

     the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data

     that will allow the website operator to improve the functionality of the website and its content. The type of information

     collected by cookies is not used to personally identify you. If you do not want information collected through the use of

     cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that

     cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies

     on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you

     do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to

     the provisions of this clause 16.

 

PART C – GENERAL LEGAL TERMS

 

17. Changes to these terms and conditions

 

17.1    Hood Culture may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to

  regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be

  satisfied, you must not place any further orders on, or in any other way use, the Website.

 

17.2    Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the

  Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted

  such changes.

 

18. Electronic communications

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 10 above.

19. Ownership and copyright

 

19.1    The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound

  clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or

  incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law.

 

19.2    Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms

  and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact

  our Admin Manager at 087 362 7300 or e-mail info@hoodculture.co.nz

 

19.3    Where any of the Website Content has been licensed to Hood Culture or belongs to any third party, your rights of use will also

  be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply

  with such third party terms and conditions.

 

20. Disclaimer

 

20.1    The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of

  the Website or reliance on any information on the Website.

 

20.2    Whilst Hood Culture takes reasonable measures to ensure that the content of the Website is accurate and complete, Hood

  Culture makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity,

  availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

 

20.3    Hood Culture disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of

  or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

 

20.4    Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website

  itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied,

  including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-

  infringement, as may be allowed in law.

 

20.5    Any views or statements made or expressed on the Website are not necessarily the views of Hood Culture, its directors,

  employees and/or agents.

 

20.6    In addition to the disclaimers contained elsewhere in these Terms and Conditions, Hood Culture also makes no warranty or

  representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware,

  malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt,

  disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your

  computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of

  such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable,

  harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or

  mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of

  Hood Culture, its employees, agents or authorised representatives. Hood Culture thus disclaims all liability for any damage,

  loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

 

21. Linked third party websites

 

21.1    This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control,

   including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Hood Culture is

   not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

 

21.2    Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party

  Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or

  consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

 

22. Limitation of liability

 

22.1    Hood Culture cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed

  on the Website, save where such liability arises from the gross negligence or wilful misconduct of Hood Culture, its employees,

  agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of

  email to info@hoodculture.

 

22.2    HOOD CULTURE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS

  OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT

  CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE

  WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

 

22.3    YOU HEREBY INDEMNIFY HOOD CULTURE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY

  YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED

  THIRD PARTY WEBSITE.

 

23. Availability and termination

 

23.1    We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and

  reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

 

23.2    Hood Culture may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that

  Hood Culture will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for

  processing any orders made by you prior to such time and to the extent possible.

 

23.4    If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price

  of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole

  discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that

  we may have against you. 

 

 

24. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

(a) Strikes, lock-outs or other industrial action.

 

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

 

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

 

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

(e) Impossibility of the use of public or private telecommunications networks.

 

(f) The acts, decrees, legislation, regulations or restrictions of any government.

 

(g) Any shipping, postal or other relevant transport strike, failure or accidents.

 

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance of our obligations for the duration of such a period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. If the Force Majeure Event continues for longer than 30 days, you or we may cancel the Contract by giving written notice in accordance with these Terms.

 

25. Our right to vary these terms

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.

26. Law and Jurisdiction

The use of our website and the Contracts for the purchase of items through such website will be governed by the law of New Zealand. Any dispute arising from, or related to the use of this website or to such Contracts will be subject to the non-exclusive jurisdiction of the courts in and of New Zealand. If you are contracting as a consumer, nothing in this Clause 26 will affect your statutory rights as such.

 

27. General

 

27.1    Hood Culture may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the

  operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then

  already made by you.

 

27.2    You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third

  party.

 

27.3    Any failure on the part of you or Hood Culture to enforce any right in terms hereof shall not constitute a waiver of that right.

 

27.4    If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

 

27.5    No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing

  and accepted by or on behalf of the parties hereto.

 

27.6    No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the

  “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or

  stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

 

27.7    These Terms and Conditions contain the whole agreement between you and Hood Culture and no other warranty or undertaking is

  valid, unless contained in this document between the parties.

 

28. Feedback

Any and all feedback, questions, recommendations, queries can be forwarded to contact@hoodculture.co.nz