TERMS & CONDITIONS
Welcome to the katies.co.nz Web Site. Katies provides this Site as a service to you, our customers. Please review the following basic rules that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
“Conditions” means these terms and conditions;
“Contract/Agreement" means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of such Order;
“International” means countries other than Australia;
“Transactions/Order” means an order placed by You via this Website for one or more Products;
“Personal Information” means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and card details;
“Product” means any product advertised on this Website;
“We/Us/Our” means Katies, NONI B Group Ltd;
“Website/site” means katies.co.nz which is operated by Us;
“You/Your” means a user of this Website.
Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to these Terms, which shall apply regardless of how you access the Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.
TERMS OF SALE
By placing an Order you are offering to purchase a product on and subject to the following terms and conditions. All Orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or forces outside of our control for which we will not be responsible.
In order to contract with Katies you must be over 18 years of age and possess a valid credit card issued by a bank acceptable to us. Katies retains the right to refuse any request made by you. If your Order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Katies or may in some cases be a third party. Where a contract is made with a third party Katies is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an Order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit card used to place your Order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to changes.
A. OUR CONTRACT
When you place an Order, you will receive an acknowledgement e-mail confirming receipt of your Order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit card.
B. PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
We have done our best to display as accurately as possible the colours of the products shown on the Site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
E. PROMOTIONAL CODES
We may from time to time offer promotional codes which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of use relating to any promotional code will be specified at the time of issue.
These T&Cs relate to all Katies promotions, competitions and promotional codes (unless otherwise stated).
1. Promotional codes cannot be redeemed for cash.
2. An individual promotional code can only be used once per order.
3. Promotional codes will not be resupplied if lost or stolen.
4. The value of a promotional code will not be refunded if purchased items are returned.
5. A promotion code can't be used after an order has been placed.
F. CANCELLING YOUR PURCHASE
You have a right to refund your purchase of Product(s) from the Site within twenty-one days of the date on which you received your Order and receive a refund. To exercise your right to a refund, you may (i) notify us at email@example.com within twenty-one days of receipt of your Order, or (ii) return your Order to your local store within twenty-one days of receipt of your Order:
In the event that we do not receive your returned Order within thirty (30) days of the later of (i) the date you notified us of your return and (ii) the date you received your Order the deemed date of receipt will be the date of the post-mark on the packaging of your returned Order. We will not be responsible for the costs of such return.
G. FAULTY PRODUCTS
In the event that you receive a faulty Product, we recommend that you contact Customer Care at firstname.lastname@example.org. Provided that you return such faulty Product to us, we will provide you with a full refund to your original payment method.
We will not be liable to you for failures, defects or delays in delivery caused by:
• Your provision of incorrect or outdated information;
• Your mailbox being full;
• Your failure to comply with instructions for use of the Site; or
• Any event which is outside of our reasonable control.
MISUSE OF THE SITE
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Cybercrime Act 2001. Katies will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, We may choose various third-party web sites to link to from this Site. However, even if the third party is affiliated with Us, We have no control over these linked sites, all of which have separate privacy and data collection practices, independent of katies.co.nz. We have no responsibility or liability for these independent policies or actions and We are not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, We seek to protect the integrity of Our Website and the links placed upon it and therefore request any feedback on not only our Site, but for sites we link to as well (including if a specific link does not work).
COPYRIGHT, TRADEMARK, INTELLECTUAL PROPERTY RIGHTS & LICENSES
All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Us, one of Our affiliates or by third parties who have licensed their materials to katies.co.nz. The entire content of the Site is protected by copyright laws.
The content of the Site, and the Site as a whole, are intended solely for the personal, non-commercial use by the users of this Site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any content or materials is transferred to You as a result of any such activities. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Site.
Katies is a registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from katies.co.nz.
MY ACCOUNT & WISHLIST
You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account.
We reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
We reserve the right to delete Your account or wishlist at any time. In this instance Your information will not be saved and cannot be retrieved by Us.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to Us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Us of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Katies.co.nz is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and Katies. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of NONI B Group Ltd.
Katies is a registered brand owned by Noni B Holdings 2 Pty Ltd ABN 53 626 335 760.
Receiving news and offers from us
I accept that by becoming a member of the Katies mailing list and rewards program, I will receive periodic notification via email, text messaging and or conventional post outlining news, offers and other information relevant to their products and services or third party products and services. I understand that it is my right to unsubscribe at any time by forwarding a request via the website “unsubscribe" or via email, stating "unsubscribe" in the subject box. I understand that all requests for deletion will be processed within 14 days from request date.
Website Use Terms and Conditions
I understand that Katies’ Website Use Terms and Conditions also apply to my use of the Katies website and form part of the legal terms on which I use the website and participate in the Katies Membership and Rewards Program.
I understand and agree that the following terms apply to the Katies Rewards Program:
• Membership is available only to natural persons aged 18 years or over who are Australian residents.
• I agree that I will not apply for multiple memberships of the Katies Membership and Rewards Program, whether by using multiple addresses, email addresses or otherwise.
• Katies may accept or refuse an application for membership for any reason.
• I can only receive a Katies VIP Card by signing up to our Membership Program in-store. My VIP Card is not transferrable and remains Katies property.
• I am responsible for all use of my VIP Card and I must tell Katies promptly if it is lost or stolen.
• I am responsible for all use of my membership number and/or password. I agree to keep my membership number and password secret.
• I can earn Reward points by presenting my card in store or my card number for online purchases at the time the purchase is made. The current Rewards points rate is 1 point for every dollar I spend (excluding GST, other taxes and any packaging and delivery charges) in a single transaction at Katies. Katies may change this rate at any time by notice on its website or by other communication means. Reward points expire after 12 months.
• From time to time, Katies may make offers which enable me to earn bonus Rewards points. The terms of any specific offer apply in addition to these Terms.
• Reward points have no cash value and are not redeemable for cash.
• If I return any goods for a refund or my order is cancelled or not filled for any other reason, any Reward points I earned from that purchase will be reversed.
• Reward points can be redeemed for Reward Vouchers at the rate of A$5 for 100 Rewards points. Katies Voucher Terms apply to all Vouchers Katies issues.
• Katies will keep a record of my Katies Rewards points earned and redeemed. Katies may correct my Rewards points balance without notice if there are any errors in awarding or redeeming points.
• I may terminate my Membership at any time by notice to Katies.
• Katies may vary or terminate its Rewards Program or my participation in the Rewards Program at any time for any reason. Katies is not liable for any loss to me arising from termination or variation including loss of Rewards points or reduction in value of Rewards points. Reasons for termination may include that I have not complied with these Terms, that I have become bankrupt or that I have given Katies misleading information or have acted in a misleading or deceptive way in connection with the Rewards program. Variations may include changing the ratio of Rewards points earned to the amount spent, changing the ratio of Rewards points to be redeemed to the dollar value of Vouchers issued and setting or changing an expiry date for Rewards points earned.
• On termination of my membership or the Rewards Program or the Rewards Program itself, any unused points I have accrued are automatically forfeited and of no value.
• To the extent legally permitted, Katies excludes all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under the Rewards Program (Warranties), other than those implied by statute which may not be legally excluded. Any liability Katies may have to me under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at Katies’ option.
• To the extent legally permitted, in no event will Katies be liable to anyone for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if Katies is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Katies’ maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD $5.00.
• New South Wales law applies to these Terms.
*All Gift Cards purchased up until the 30th March 2018 are valid for 12 months from date of issue. Any Gift Cards purchased from the 31st March 2018 onwards will be valid for 3 years from date of issue.
Gift Cards can be redeemed on the Katies website and in Katies stores only throughout Australia and New Zealand. Please ensure you purchase for the correct country in which the recipient will spend their card. Refunds are not available on this item. $10 is the minimum value and $500 is the maximum Gift Card value a customer can purchase. For any values over $500, a customer will need to receive a second card. A customer does not need to spend the full value of the card in one transaction. The remaining value is stored on the Gift Card. Any remaining balance on the Gift Card cannot be redeemed for cash or refund. A Gift Card cannot be topped up. Katies Rewards points are not earned when a customer purchases a Gift Card. Promotions, Coupons and Gift cards may not be used toward the purchase of a Gift Card.
ACTIVE PROMOTIONAL VOUCHERS
*Katies Rewards Member Welcome Voucher - Voucher is valid for 30 days only. Excludes Sale items. Not valid in conjunction with any other offer or voucher. To redeem, enter voucher code at the online checkout or present voucher instore. Only valid for Katies Rewards Members with a valid membership account. Minimum spend on order is AUD $10.00 not including any shipping costs. Voucher only redeemable on Katies merchandise in a single transaction. Voucher must be used in a single transaction only and is not transferable. One voucher per member. Redeemable once only and not redeemable for cash or credit. Non-refundable on returns. Voucher will not be replaced if lost or stolen. Katies reserves the right to investigate any discrepancies in the use of this voucher.
*Katies Rewards Member Anniversary Voucher - Voucher is valid for 30 days only. Excludes Sale items. Not valid in conjunction with any other offer or voucher. To redeem, enter voucher code at the online checkout or present voucher instore. Only valid for Katies Rewards Members with a valid membership account. Minimum spend on order is AUD $20.00 not including any shipping costs. Voucher only redeemable on Katies merchandise in a single transaction. Voucher must be used in a single transaction only and is not transferable. One voucher per member. Redeemable once only and not redeemable for cash or credit. Non-refundable on returns. Voucher will not be replaced if lost or stolen. Katies reserves the right to investigate any discrepancies in the use of this voucher.
*Katies Rewards Member Birthday Voucher - Voucher is valid for 30 days only. Excludes Sale items. Not valid in conjunction with any other offer or voucher. To redeem, enter voucher code at the online checkout or present voucher instore. Only valid for Katies Rewards Members with a valid membership account. Minimum spend on order is AUD $20.00 not including any shipping costs. Voucher only redeemable on Katies merchandise in a single transaction. Voucher must be used in a single transaction only and is not transferable. One voucher per member. Redeemable once only and not redeemable for cash or credit. Non-refundable on returns. Voucher will not be replaced if lost or stolen. Katies reserves the right to investigate any discrepancies in the use of this voucher.
*10% Off Email Voucher - Offer applies to full price and sale styles. Offer available for online transactions only at katies.com.au. Prices as marked online and discount applied at checkout. Minimum spend on order needs to be AUD $10.00 not including any shipping costs. Standalone voucher and not valid in conjunction with any other offer or promotional voucher. Offer is subject to change at any time at Katies' discretion.
VOUCHER TERMS & CONDITIONS
These Voucher Terms set out the terms on which we issue discount or nominated value vouchers. They apply to physical vouchers and to voucher and discount codes we issue (Vouchers). By applying for or using a Voucher, you consent to these Voucher Terms and any other Voucher terms (Specific Voucher Terms) printed on the Voucher or listed on the website or email from us where the Voucher was offered.
1. Each Voucher type is identified by a voucher code and has different requirements and rewards including Specific Voucher Terms, in addition to these Voucher Terms. These Voucher Terms and all applicable Specific Voucher Terms must be met to be eligible for the Voucher and to receive the discount or offer covered by the Voucher. The Specific Voucher Terms override these Voucher Terms to the extent of any conflict. Examples of our current Vouchers include Reward Vouchers, Privilege Vouchers, Anniversary Vouchers and Birthday Vouchers.
2. Voucher values or discount rates or amounts, as applicable, are as specified on the Voucher. The maximum value of a Reward Voucher issued per transaction is $50. All value amounts are specified in Australian dollars. Vouchers with a face value can be redeemed in Australian dollars only.
3. There is a limit of one Voucher per household per offer unless the Specific Voucher Terms expressly provide otherwise.
4. Vouchers are intended for single use only on a single order unless the Specific Voucher Terms expressly provide otherwise.
5. Where a physical Voucher is issued to you, only the original Voucher will be accepted for use. You may be required to collect the Voucher from one of our stores. You must surrender the Voucher when you use it unless the Specific Voucher Terms expressly allow for multiple uses. You must not reproduce or copy the Voucher and the Voucher is not valid if reproduced or copied unless the Specific Voucher Terms expressly provide otherwise, for example by allowing you to print the Voucher from the relevant website or insert a Voucher code.
6. Vouchers are applicable to valid direct debit and credit card purchases only. They cannot be used for lay-by purchases whether for a deposit or payment.
7. Vouchers are usable only on or at our web site or stores. Some Vouchers may be limited to one specific site or channel – for example, a Voucher may only be for use at a physical store or only for online use; please check the Specific Voucher Terms. Without limitation, Reward Vouchers printed from a physical stores’ point of sale system cannot be used for online purchases. Reward Vouchers can be used in the issuing store on the day of issue and in other stores on the next business day, subject to expiry terms. Privilege, Anniversary and Birthday Vouchers that we email to you can be used online unless the applicable Specific Voucher Terms state otherwise.
8. In the case of a multiple-item order, the value of the Voucher is allocated to each item based on the proportion of the item's value to the total value of all items, excluding shipping, taxes and other charges.
9. Certain items may not be eligible for purchase using the Voucher. These will be notified in the Specific Voucher Terms. Generally, Vouchers cannot be used to purchase gift cards.
10. A Voucher cannot be used to pay for taxes, shipping and handling or other charges unless the Specific Coupon Terms expressly provide otherwise. Any Voucher offering free shipping applies only to shipping of products within the area we designate from time to time.
11. Some Vouchers are subject to a minimum purchase requirement. Taxes, shipping and handling and other charges do not apply towards meeting the minimum purchase amount.
12. A particular Voucher cannot be combined with any other offer or Voucher in the same order unless the Specific Voucher Terms expressly provide otherwise.
13. Each Voucher (excluding a single use Voucher, which expires on use) is valid for a limited time only and expires on the date specified in the Specific Voucher Terms unless used or terminated earlier in accordance with these Voucher Terms. Most Reward Vouchers expire 30 days after issue.
14. Vouchers are not for resale and are not redeemable for cash. If the order value is lower than the Voucher value, the remaining amount of the Voucher value is lost.
15. Physical Vouchers cannot be replaced if lost, stolen, mutilated, defaced, tampered with or deleted.
16. A Voucher cannot be applied to orders already placed.
17. If a Voucher is used and your entire order is cancelled or rejected, or if you return all items in your order, we will refund the actual amount paid subject to our applicable trading terms but the Voucher will no longer be valid.
18. If a Voucher is used and only part of your order is cancelled or rejected, or if you return only some of the items in your order, a partial Voucher discount will still be applied to the remaining item(s) that are processed.
19. Vouchers not available in conjunction with any other offer. All vouchers exclude purchases on Gift Cards.
20. We may discontinue, cancel or refuse to issue or honour a specific Voucher or Voucher type at any time for any reason without notice. This may occur for a range of reasons including due to errors associated with issuing or processing the Voucher or Voucher type or because we consider that you or the Voucher applicant have applied for or used the Voucher improperly or outside its intended purpose or operation or in breach of these Voucher Terms including any Specific Voucher Terms or because the Voucher has been tampered with or altered.
These Voucher Terms cover only the Voucher itself. Our specified trading terms also apply to your purchases of products or services using the Voucher.
We ship within Australia and New Zealand only. We charge a fixed cost of $10 for deliveries within Australia (as varied from time to time and subject to a surcharge for large orders). For other destinations, shipping cost is determined by destination, weight and shipping method. To find out the shipping charges that apply to you, simply add the items to your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before you make any payment. It is your obligation to enter the correct delivery address details at the time of ordering. We are unable to deliver to a P.O. Box.
We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most orders should arrive within 5 to 10 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by emailing email@example.com or calling 1800 151 110 (within Australia) or 0800 54 22 22 (within NZ). Our team is available from Monday - Friday 8.30am-5.00pm AEST. Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the courier and advise you of any issues that are discovered.
We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. You have the option to have your item delivered with or without a signature of receipt. If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage after delivery.
If you choose to sign for your item you will generally need to be available between 7.00am and 5:00pm to receive the delivery. You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection" notice left by the courier at the time of delivery.
FREE DELIVERY PROMOTIONS
From time to time, we may offer free shipping promotions or similar. During the stated period of the promotion, the express terms of any specific promotion override these Terms other than the Special offers and Error sections. You must pay any return freight costs on change of mind purchases; however we will cover redelivery costs for exchanges for the first exchange. Faulty items will be replaced with the same item originally purchased where still available. For faulty items that cannot be replaced, a full refund will be offered; we will pay all freight charges on faulty items.
Click & Collect delivery option is available online to all Katies stores in Australia only. Katies reserves the right to change or discontinue the Click & Collect service at any time, without notice.