Terms & Conditions
1.1. All the products sold on elka.co.nz website are sold subject to the following terms and conditions. The Customer should ensure that they have read them thoroughly prior to purchasing any products.
1.2. These terms and conditions shall prevail over any other documentation or representation by Elka Knitwear LTD, its employees or its affiliates.
1.3. Elka Knitwear LTD may at any time, vary these terms and conditions.
1.4. No delay, neglect or forbearance by Elka Knitwear LTD in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice Elka Knitwear LTD rights hereunder.
1.5. If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the terms will remain in full force and have full effect.
2. DEFINITIONS
2.1. “Customer” means you and all other persons who purchase the products.
2.2. “GST” means goods and services tax.
2.3. “Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
2.4. “Login” means a Customer’s personal password and access to the elka.co.nz website under that Customers registration.
2.5. “Products” means all the products for sale in the elka.co.nz website. These products can only be purchased via the elka.co.nz website and not through any associated retail outlet.
2.6. “Site Policy” means the website policy of the elka.co.nz website.
2.7. “Website” means this website, accessible via the elka.co.nz domain name
2.8. "Elka Knitwear LTD” means this Internet site being the medium by which products are offered for sale by elka.co.nz to the Customer.
3. PURCHASE TERMS
When purchasing Products on this website The Customer confirms and acknowledges that:
3.1. All information supplied by the Customer to Elka Knitwear LTD is correct at the time of purchase on this website.
3.2. Elka Knitwear LTD may disclose the Customer’s information to their bank or Credit Card Company and for the purposes of any debt recovery proceedings Elka Knitwear LTD may issue against the Customer.
4. PRICE
4.1. Product prices are displayed in New Zealand currency.
4.2. The price of the products is exclusive of GST.
4.3. Elka Knitwear LTD shall charge the Customer a delivery fee which covers the costs associated with picking, packing and the delivery of their order. The fee shall be identified and included in the total price at the time of purchase. Elka Knitwear LTD is entitled to change this fee at any time.
4.5. If the Customer requests a variation to the order which Elka Knitwear Ltd accepts then the price payable for the order will be adjusted to reflect the variation and recorded on the invoice.
4.6. Elka Knitwear LTD may vary the prices of the products at any time without notice.
4.7. In the event that computer error results in a material misstatement of the Customer’s order Elka Knitwear LTD may, prior to the customer’s receipt of the order or at any time thereafter, require that the Customer pay Elka Knitwear LTD the difference between the amount charged for the order and the correct amount payable.
5. PAYMENT
5.1. The Customer shall make payment of each order by credit card. Customer must pay on line as directed. Elka Knitwear LTD accepts payment by Visa, Mastercard, PayPal, LayBuy and AfterPay
5.2. The Customer is liable for all costs associated with the collection of any unpaid amounts where the Customer’s payment has defaulted. The Customer agrees to indemnify Elka Knitwear LTD against any default by their credit card company to make payment to Elka Knitwear LTD in full.
6. PRODUCT RANGE AND AVAILABILITY
6.1. All products are sold subject to their availability while stocks last. Elka Knitwear LTD shall not be responsible for its inability to supply products to the Customer where the product is unavailable or where stock has been exhausted.
6.2. Elka Knitwear LTD website does not allow back orders for specials that are not available at the point of ordering.
6.3. Elka Knitwear LTD reserves the right to limit the range of products available to certain areas.
6.4. Elka Knitwear LTD reserves the right to limit quantities of the product.
6.5. Elka Knitwear LTD may delay dispatch of a bulk order due to stock availability.
7. DELIVERY
7.1. Elka Knitwear LTD delivers to most locations within the North and South Islands of New Zealand. Delivery is deemed to have taken place when the products reach the address the Customer has specified for delivery.
7.2. Property and risk in the Products shall pass to the Customer upon delivery to the Customer’s delivery address.
7.3. Nothing in these terms and conditions entitles the Customer to refuse to take delivery or return the products as being surplus to their needs or for any other reason other than those agreed herein.
7.4. Elka Knitwear LTD reserves the right to refuse delivery of the Products to the Customer for any reason whatsoever.
7.5. Elka Knitwear LTD shall use all reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form on a timely basis. Elka Knitwear LTD is not responsible for any failure to deliver or delay in delivery caused by any event outside its reasonable control.
7.6. The Customer is to notify Elka Knitwear LTD (info@elka.co.nz) immediately of a change to their delivery address and in such case the notification shall be treated as a new application for registration.
7.7. Advice regarding order shortages or damage in transit must be given to Elka Knitwear LTD no later than three (3) days after receipt of the products.
7.8. Elka Knitwear LTD fails to deliver or delays all or part of the Customer’s order or when loss is incurred by the Customer in relation to such delivery which is within Elka Knitwear’s control, Elka Knitwear’s liability shall be restricted to payment of the cost of replacing the order or part of the order as Elka Knitwear may determine in Elka Knitwear’s sole discretion.
8. ORDER VARIATIONS/CANCELLATIONS/RETURNS
8.1. The Customer may vary or cancel the order up to the point in time that trading as Elka Knitwear LTD has commenced packing the order by contacting Elka.
8.2. Subject to clause 7.7, if for any reason, the Customer is dissatisfied with their order, they must contact Elka Knitwear LTD within Seven (7) days of receipt of the order.
8.3 Change of mind return of orders will incur 20% Restocking Fee.
9. DISCLAIMERS WARRANTIES AND LIMITATIONS OF LIABILITY
9.1. Elka Knitwear LTD makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. The Customer expressly agrees that their use of this site is at their sole risk and that they buy the product in reliance upon their own judgment. To the full extent permissible by applicable law, Elka Knitwear disclaims all warranties, express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose. Elka Knitwear LTD does not warrant that this site, its servers, or e-mail sent from Elka Knitwear LTD are free of viruses or other harmful components. Elka Knitwear LTD will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, and consequential damages.
9.2. The liability of Elka Knitwear LTD whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Elka Knitwear LTD obligations hereunder shall not in any event exceed an amount equivalent to the price of the product.
10. INTELLECTUAL PROPERTY
10.1. All right, title and interest in all Intellectual Property and in all concepts, systems, written, graphic and other material relating to Elka Knitwear LTD shall at all times remain the property of Elka Knitwear LTD. The Customer may not display or distribute the content of any part of the Website in public, including any reproduction in any form on the internet, without Elka Knitwear’s express permission.
10.2. Any infringement of Elka Knitwear’s intellectual property rights will be subject to litigation under New Zealand Law.
11. USE OF YOUR INFORMATION
11.1. The Customers use of this website will generate certain information that will be recorded electronically by Elka Knitwear LTD. Information of this type may include, for example, the usage statistics etc. Elka Knitwear LTD will also record the Customer’s contact details and any related personal details that the Customer supplies or that Elka Knitwear LTD obtains independently.
11.2. The Customer acknowledges that Elka Knitwear LTD, its employees, carriers, contractors and agents may use or disclose any of the information identified in the previous clause for purposes connected with the supply of services to the Customer. Examples of purposes connected with supply include for example:
11.2.1. administration of the Customers order or account on the website;
11.2.2. carrying out credit checks;
11.2.3. keeping the Customer up to date with new offers / changes Elka Knitwear LTD;
11.2.4. sharing with contractors to enable the Customer to use or facilitate their use of the website;
11.2.5. Undertaking any dealings or transactions with the Customer;
11.2.6. Enforcement of any legal or other rights Elka Knitwear LTD sees fit.
11.3. The Customer may at any time make a written request to see any personal information that Elka Knitwear LTD holds or to ask to correct any mistakes in that information.
12. SECURITY OF INFORMATION
12.1. Elka Knitwear LTD shall use its best endeavours to prevent any unauthorised entry into the Elka website. However Elka Knitwear LTD shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
12.2. Elka Knitwear LTD credit card information security policy. Elka Knitwear LTD uses DPS to process online credit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service.
12.3. Payments are processed in real time using a Secure Socket Layer (SSL). No credit card details will be transmitted or stored at elka.co.nz or Elka Knitwear LTD.
12.4. Elka Knitwear LTD does not have access to your full card number, this credit card payment is secured by DPS.
12.5. DPS have bank grade security. All transaction details are stored in their PCI Compliance.
12.6. DPS Payment Express Software is certified with over 20 banks globally.
Visit www.paymentexpress.com for more info on online credit card payments.
13. JURISDICTION / DISPUTES
13.1. This website is provided for use by New Zealand residents. Elka Knitwear LTD makes no representations that the website complies with the laws of any country outside of New Zealand.
13.2. These terms and conditions are governed by New Zealand law and any legal action against Elka Knitwear LTD must be taken in a Court in New Zealand.
13.3. The Customer agrees that in the event of any legal dispute relating to these terms and conditions the parties will attempt to settle matters by way of mediation at first instance.
14. ASSIGNMENT
14.1. The Customer may not assign any rights under this agreement except without the written consent of Elka Knitwear LTD.
14.2. Elka Knitwear LTD may assign its rights under this agreement without seeking the Customer’s consent.
15. NOTICES
15.1. Elka Knitwear LTD will send all invoices and notices required to the address (email) that the Customer nominated as their referred method of contact. It is the Customer’s responsibility to ensure that the Customer keeps Elka Knitwear LTD informed of any changes to their contact details.
15.2. The Customer will be deemed to have received a notice:
15.2.1. sent by email, at the time it is sent;