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Terms & Conditions

1.1. All the products sold on elkaknitwear.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 Kate Mischler trading as Elka Knitwear, its employees or its affiliates.

1.3. Kate Mischler trading as Elka Knitwear may at any time, vary these terms and conditions.

1.4. No delay, neglect or forbearance by Kate Mischler trading as Elka Knitwear in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice Kate Mischler trading as Elka Knitwear 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 elkaknitwear.co.nz website under that Customers registration.

2.5. “Products” means all the products for sale in the elkaknitwear.co.nz website. These products can only be purchased via the elkaknitwear.co.nz website and not through any associated retail outlet.

2.6. “Site Policy” means the website policy of the elkaknitwear.co.nz website.

2.7. “Website” means this website, accessible via the elkaknitwear.co.nz domain name

2.8. “Kate Mischler trading as Elka Knitwear” means this Internet site being the medium by which products are offered for sale by elkaknitwear.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 Kate Mischler trading as Elka Knitwear is correct at the time of purchase on this website.

3.2. Kate Mischler trading as Elka Knitwear may disclose the Customer’s information to their bank or Credit Card Company and for the purposes of any debt recovery proceedings Kate Mischler trading as Elka Knitwear 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 inclusive of GST.

4.3. Kate Mischler trading as Elka Knitwear 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. Kate Mischler trading as Elka Knitwear is entitled to change this fee at any time.

4.5. If the Customer requests a variation to the order which Elka e Ltd accepts then the price payable for the order will be adjusted to reflect the variation and recorded on the invoice.

4.6. Kate Mischler trading as Elka Knitwear 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 Kate Mischler trading as Elka Knitwear may, prior to the customer’s receipt of the order or at any time thereafter, require that the Customer pay Kate Mischler trading as Elka Knitwear 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. Kate Mischler trading as Elka Knitwear accepts payment by Visa Mastercard

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 Kate Mischler trading as Elka Knitwear against any default by their credit card company to make payment to Kate Mischler trading as Elka Knitwear in full.

6. PRODUCT RANGE AND AVAILABILITY

6.1. All products are sold subject to their availability while stocks last. Kate Mischler trading as Elka Knitwear 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. Kate Mischler trading as Elka Knitwear website does not allow back orders for specials that are not available at the point of ordering.

6.3. Kate Mischler trading as Elka Knitwear reserves the right to limit the range of products available to certain areas.

6.4. Kate Mischler trading as Elka Knitwear reserves the right to limit quantities of the product.

6.5. Kate Mischler trading as Elka Knitwear may delay dispatch of a bulk order due to stock availability.

7. DELIVERY

7.1. Kate Mischler trading as Elka Knitwear 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. Kate Mischler trading as Elka Knitwear reserves the right to refuse delivery of the Products to the Customer for any reason whatsoever.

7.5. Kate Mischler trading as Elka Knitwear 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. Kate Mischler trading as Elka Knitwear 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 Kate Mischler trading as Elka Knitwear (info@theelkaknitwear.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 Kate Mischler trading as Elka Knitwear no later than three (3) days after receipt of the products.

7.8. Where Kate Mischler trading as Elka Knitwear 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 Kate Mischler trading as Elka Knitwear’s control, Kate Mischler trading as Elka Knitwear’s liability shall be restricted to payment of the cost of replacing the order or part of the order as Kate Mischler trading as Elka Knitwear may determine in Kate Mischler trading as 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 Kate Mischler trading as Elka Knitwear 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 Kate Mischler trading as Elka Knitwear 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. Kate Mischler trading as Elka Knitwear 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, Kate Mischler trading as Elka Knitwear disclaims all warranties, express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose. Kate Mischler trading as Elka Knitwear does not warrant that this site, its servers, or e-mail sent from Kate Mischler trading as Elka Knitwear are free of viruses or other harmful components. Kate Mischler trading as Elka Knitwear 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 Kate Mischler trading as Elka Knitwear 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 Kate Mischler trading as Elka Knitwear 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 Kate Mischler trading as Elka Knitwear shall at all times remain the property of Kate Mischler trading as Elka Knitwear. 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 Kate Mischler trading as Elka Knitwear’s express permission.

10.2. Any infringement of Kate Mischler trading as 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 Kate Mischler trading as Elka Knitwear. Information of this type may include, for example, the usage statistics etc. Kate Mischler trading as Elka Knitwear will also record the Customer’s contact details and any related personal details that the Customer supplies or that Kate Mischler trading as Elka Knitwear obtains independently.

11.2. The Customer acknowledges that Kate Mischler trading as Elka Knitwear, 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 at Kate Mischler trading as Elka Knitwear;
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 Kate Mischler trading as Elka Knitwear sees fit.

11.3. The Customer may at any time make a written request to see any personal information that Kate Mischler trading as Elka Knitwear holds or to ask to correct any mistakes in that information.

12. SECURITY OF INFORMATION

12.1. Kate Mischler trading as Elka Knitwear shall use its best endeavours to prevent any unauthorised entry into the Kate Mischler trading as Elka Knitwear website. However Kate Mischler trading as Elka Knitwear shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.

12.2. Kate Mischler trading as Elka Knitwear credit card information security policy. Kate Mischler trading as Elka Knitwear 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 elkaknitwear.co.nz or by Kate Mischler trading as Elka Knitwear.

12.4. Kate Mischler trading as Elka Knitwear 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. Kate Mischler trading as Elka Knitwear 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 Kate Mischler trading as Elka Knitwear 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 Kate Mischler trading as Elka Knitwear.

14.2. Kate Mischler trading as Elka Knitwear may assign its rights under this agreement without seeking the Customer’s consent.

15. NOTICES

15.1. Kate Mischler trading as Elka Knitwear 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 Kate Mischler trading as Elka Knitwear 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;