The Kids Collection

1. Definitions

1.1 In these terms, unless the context otherwise requires:

(a) Fees means the fees which may be payable for the use of E-Commerce Services as noted on the Website.

(b) E-Commerce Services means the services available through the Website by which goods may be purchased and amounts payable to us may be paid to us by online credit card transaction and E-Commerce Process shall mean the process by which those goods and services are provided.

(c) Terms means these terms and conditions and the referenced Privacy Policy and Returns Policy.

(d) Website means the Kids Collection Website which provides the E-Commerce Processes.

 
2. Use of Website

2.1 You agree not to use our website and it's E-Commerce Services for any improper, injurious, offensive or unlawful purpose.

2.2 In using our E-Commerce Services, you represent and warrant that you are over 18 and have legal capacity to contract in New Zealand. If you are using a credit card, you represent and warrant that the credit card is issued in your name and that you shall pay to the credit card issuer all charges incurred through the use of our E-Commerce Services.

2.3 It is your responsibility to verify that all transaction information and other details provided by you are correct. You should print the transaction confirmation for future reference. We shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing E-Commerce Services or for loss of data or information caused by factors outside of our control.

 
3. Refunds

3.1 Refunds may be provided in accordance with our Refunds Policy which is to be considered as part of these terms.


4. Privacy

4.1 You authorise us to collect information about you from time to time through the Website. Any such information collected shall be treated in accordance with our Privacy Policy which is to be considered as part of these terms.

 
5. Security

5.1 Our E-Commerce Services are provided through a secure website using SSL (secure socket layer) encryption. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website (including credit card information) may be read or intercepted by others, even where a Website is stated as being secure. Neither we nor our payment provider(s) shall have any liability for the interception or 'hacking' of data through the Website by unauthorised third parties.

 
6. Payment of additional fees

6.1 We may charge a Fee as advertised on the Website for use of our E-Commerce Services.

6.2 You will pay all Fees payable for our E-Commerce Services at the time of the online transaction by credit card. We reserve the right to amend any Fees from time to time and to adjust any Fees recorded on this Website if the price recorded is incorrect.

6.3 We may contact you directly to confirm your credit card details. All Fees are in New Zealand dollars and are inclusive of GST if any (being tax levied in accordance with the Goods and Services Tax Act 1985 and includes tax levied in substitution for such tax). You will pay all other applicable taxes, import duties, levies or tariffs which may be payable (if any).

 
7. Limitation of Liability

7.1 We accept no liability or responsibility for the refusal or reversal of payments which are matters between you and your credit card provider.

7.2 We cannot warrant that the E-Commerce Process, and/or your use of our E-Commerce Services will be faultless, immediate, continuous, and virus free, nor that information provided through the E-Commerce Process will be complete, accurate or up to date. We will endeavour, however, to ensure the E-Commerce Services are available at all times, subject to maintenance.

7.3 Subject to any rights which you may have under the Consumer Guarantees Act 1993, except as expressly prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where we have been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, The Kids Collection Limited is found to be liable to you for any damage or loss which arises as a result of your use of the Website or the E-Commerce Services, our liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser. Otherwise, the Consumer Guarantees Act 1993 is excluded to the fullest extent permitted by law.

 
8. Right to suspend, alter or cancel service

8.1 We shall be entitled at any time without prior notice or any liability to you, to alter, cancel or suspend any or all E-Commerce Services temporarily or permanently and/or to substitute alternative services, which may or may not be interactive or transactional in nature.

 
9. Amendment

9.1 The Terms may be altered or reviewed by us, with or without notice. You should check and read these Terms carefully each time you use our Website.

 
10. Jurisdiction

10.1 These terms and conditions and the online services they cover are governed by New Zealand law. All transactions which occur through our E-Commerce Process occur in New Zealand.

10.2 You agree to submit to the exclusive jurisdiction of the New Zealand Courts.

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