Terms of Use

These terms and conditions govern the use of https://www.hokasalenz.com/ ("this website") and, in conjunction with our Terms and Conditions for the Sale of Goods, the purchase of any goods from it.

ACKNOWLEDGMENT AND ACCEPTANCE 

By accessing, using or browsing this website, you agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. We may amend or update these terms and conditions at any time by posting any changes at this website, without providing notice to you.

DISCLAIMER 

The information contained on this website is provided by Hoka New Zealand in good faith. To the best of Hoka New Zealand' knowledge, the information is accurate and current. However, this site and its contents are provided to you on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current.

Hoka New Zealand and its related bodies corporate, and their directors, officers, employees, or agents make 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, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

LIMITATION OF LIABILITY 

Subject to any non-excludable liability implied by legislation, any liability of Hoka New Zealand in connection with goods or services supplied to you will, at the election of Hoka New Zealand, be limited to:

In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. Subject to non-excludable liability (including under consumer laws), in all other respects, Hoka New Zealand will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through this website. VIRUS WARNING All care is taken to ensure that this website and data transmissions are free from viruses. However Hoka New Zealand cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. it is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this site, and you release Hoka New Zealand entirely of all responsibility for any consequences of its use.

USE OF COOKIES 

Cookies are small pieces of information that your browser stores on your computer hard drive.

We use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information.

If you disable cookies on your web browser, you may not be able to fully experience all features of this website.

THIRD PARTY SITES This site may contain links to third party sites. Hoka New Zealand are not responsible for the condition or content of those sites as they are not under Hoka New Zealand' control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Hoka New Zealand of the sites or the products or services provided on the site.

USER SUBMISSIONS 

By accessing, browsing, using, registering or contributing to the Hoka New Zealand’ website and any other area of our website where you can post submissions or reviews or ask questions you confirm that you have read, understood and agree to the following terms. If you do not agree to these terms in their entirety, you must not use this website.

OWNERSHIP OF SUBMISSIONS 

Other than personal data which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Hoka New Zealand on or through the website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Hoka New Zealand once submitted. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.

SOCIAL NETWORKING SITES 

These terms also govern any submissions you make on any Hoka New Zealand related third party website or page such as our Facebook page, Twitter, YouTube or other social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Hoka New Zealand or its employees and Hoka New Zealand is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites terms of use, as applicable.

INTELLECTUAL PROPERTY RIGHTS 

A disclosure, submission or offer of any submissions and your agreement to these terms and conditions shall constitute an assignment to Hoka New Zealand of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make submissions on any Hoka New Zealand related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on Hoka New Zealand pages of third party social networking sites are not the responsibility of, or endorsed by, Hoka New Zealand. All rights, including copyright on Hoka New Zealand pages are owned by or licensed to Hoka New Zealand. Any use of any Hoka New Zealand social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Hoka New Zealand. All worldwide rights reserved.

CONFIDENTIALITY 

Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Hoka New Zealand related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below.

RULES FOR SUBMISSIONS 

Please be polite and only write in English. You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property of others. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response. Submissions should not include: profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others. comments about other reviewers or bloggers. remarks that repeat criminal accusations, false, defamatory or misleading statements. material which impersonates others. spam or advertising, third party Hoka New Zealand names or trade marks. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers. HTML code, computer script or website URLs. availability, price or alternative ordering or delivery information. information about Hoka New Zealand’ suppliers or manufacturers. Hoka New Zealand, in its absolute discretion, reserve the right to: not publish the Submission or remove it. take any appropriate action if deemed necessary. remove reviews which relate to seasonal products which are no longer in season. Please let us know if you see any Submissions which do not comply with our rules.

Terms and Conditions

These Terms and Conditions form a contract between the customer (you) and Hoka New Zealand.

Please read these Terms and Conditions carefully before placing your Order with Us as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

If you do not understand these Terms and Conditions or if you have any questions, please send us an email via our Contact Us page and a representative will be happy to assist you.

1. DEFINITIONS

The following definitions are used in these Terms and Conditions.

Business Days means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.

Delivery Agent means any nominated third party delivery or shipping company for Hoka New Zealand.

Delivery Fee means the fees charged by the Delivery Agent of Hoka New Zealand for the delivery of Goods.

Goods means the items offered for sale, described or displayed on the Website.

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Goods from Hoka New Zealand in accordance with these Terms and Conditions.

Privacy Policy means the Hoka New Zealand Privacy Policy found on the Website.

Returns Policy means the Hoka New Zealand Delivery & Returns section found on the Website

Terms and Conditions means these terms and conditions, as amended from time to time.

Website means https://www.hokasalenz.com/.

Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.

You or Your means you as the purchaser of Goods from Hoka New Zealand pursuant to these Terms and Conditions.

2. COMPLIANCE WITH TERMS AND CONDITIONS

2.1 You agree to be bound by these Terms and Conditions when you submit an Order.

2.2 Each Order you submit will be a separate and binding agreement between you and Hoka New Zealand with respect to the supply of Goods, in accordance with these Terms and Conditions.

3. PLACING ORDERS FOR GOODS

3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.

3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price as specified at the time you submit your Order. That offer cannot be withdrawn by you without our consent.

3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use and quantity restrictions may apply as set out on the Website from time to time.

3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Hoka New Zealand will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.

3.5. You agree to obtain consent from the recipient of a gift when providing their personal details to Hoka New Zealand.

3.6. You may Order from Hoka New Zealand if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.

3.7. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Delivery & Returns Policy

3.8. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.

4. ACCEPTANCE AND REJECTION OF ORDERS

4.1 Hoka New Zealand reserve the right to accept or reject your Order for any reason at any time.

4.2 When we accept an Order, it represents an agreement by Hoka New Zealand to supply you the Goods in accordance with the Order and these Terms and Conditions.

4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Hoka New Zealand will not be liable to you for your loss or that of any third party for the rejection of an Order.

4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Hoka New Zealand is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.

5. AVAILABILITY OF GOODS

5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Hoka New Zealand will contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Hoka New Zealand is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Hoka New Zealand will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.

5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Hoka New Zealand will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Delivery & Returns Policy.

5.4 You acknowledge and agree that:

all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life; you have read any corresponding written description of the Goods prior to submitting your Order; the colour of Goods as shown on the Website may vary slightly in shade in real life; where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and any accessory featured with the Goods is for illustration purposes only.

6. PRICE AND PAYMENT

6.1 The Price in respect of a Good is specified on the Website.

6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.

6.3 Hoka New Zealand reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.3 will apply).

6.4 In respect of any Order, we will charge you and you agree to pay:

the Price (which is the Price at the time the Order is submitted); and the Delivery Fee (if any). 6.5 You can pay for your Goods by any of the methods specified on the electronic order form on the Website, which include but are not limited to credit card, V.me by Visa or Pay Pal. When paying by credit card, you authorise Hoka New Zealand to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.

6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Hoka New Zealand before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.

6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

6.8 You will receive a tax Invoice by email once payment in respect of your Order has been processed.

6.9 Hoka New Zealand uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.

7. DELIVERY

7.1 Hoka New Zealand uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.

7.2 You should refer to the Delivery & Returns section of the website for the applicable Delivery Fee for the Goods.

7.3 Indicative delivery time frames are set out in the Delivery & Returns section of the Website.

7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:

Hoka New Zealand cannot guarantee that delivery will occur in the stated delivery time frames; delivery time frames may change from time to time due to unforeseen circumstances; and except where required by applicable law, Hoka New Zealand is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery. 7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.

7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery.

7.7 Where you do not collect your Goods from the Post office within 10 working days of a failed delivery, you must contact our Customer Service or email us for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.

7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If the Goods are not as ordered, you may return the Goods to us in accordance with the Delivery & Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Delivery & Returns Policy. You must let us know about any damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Delivery & Returns due to being faulty, damaged, or incorrect will be delivered to you free of charge.

7.9 If you aren't home at the time of delivery, Post will leave it in a safe place if there is one available. Hoka New Zealand does not take responsibility for instances of theft.

8. RISK AND TITLE

Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.

9. ORDER CANCELLATIONS AND RETURNS

9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with the Delivery & Returns Policy.

9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Delivery & Returns Policy. The Delivery & Returns Policy forms a part of these Terms and Conditions.

9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Hoka New Zealand is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Hoka New Zealand is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.

10. PROMOTIONS AND DISCOUNTS

You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at Hoka New Zealand. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from Hoka New Zealand. Any Code is non-transferable and may not be used in conjunction with any other offer.

11. WARRANTIES YOU MAKE TO Hoka New Zealand

You represent and warrant to Hoka New Zealand that:

a）all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Hoka New Zealand; (b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so; you are over the age of 17; (d) in placing your Order, you have read and agree to these Terms and Conditions; and (e) in placing your Order, complied with all Laws.

12. Hoka New Zealand’ LIABILITY TO YOU

12.1 Subject to any rights you have under any consumer protection law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.

12.2 Subject to any rights you have under any consumer protection law which cannot be excluded, Hoka New Zealand excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.

12.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

13. TERMINATION

13.1 Hoka New Zealand reserves the right to, at their discretion, terminate your access to and use of the Website:

for convenience, at any time, upon provision of notice to you; immediately: if Hoka New Zealand reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

14. GENERAL

14.1 Hoka New Zealand reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Hoka New Zealand with respect to that Order.

14.2 Hoka New Zealand may give notice to you by electronic mail. You may give notice to Hoka New Zealand by electronic mail to our Customer Service Centre via the Contact section of this website.

14.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

14.4 A failure or delay by Hoka New Zealand to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Hoka New Zealand does not preclude its future exercise or the exercise of any power or right.