Website Terms & Conditions

Website Terms and Conditions

This website is operated by Kathmandu Limited (GST# 10-898-358) and its related entities (“Kathmandu Group”). In these Website Terms and Conditions (“Terms”), the expressions “we”, “us” and “our” refer to the members of the Kathmandu Group.

Acknowledgement and Acceptance

Your use of this website, and any services provided through it (“Services”), are subject to these Terms and all applicable New Zealand laws. By accessing and interacting with this website or using the Services, you accept these Terms. If you do not agree, you must refrain from accessing and browsing this website or using any of the Services. Without limiting our other rights and remedies we may refuse to supply any product or Service, and we may deny access to this website, to anyone who breaches these Terms.

All rights not expressly granted to you in these Terms are reserved.

We may amend these Terms at any time without notice to you, and it is your responsibility to monitor this website for changes. Amendments will come into effect from the date they are published on this website. The updated version of these Terms will supersede all prior versions. You can view the most current version of these Terms at any time by visiting this page.

Access and Use of Material on this Website

Your access to this website and the Services is on the following terms:

You may only access and use this website and the Services in accordance with these Terms;
You may only access parts of this website that are designated for unrestricted public access;
You may only access other parts of this website if we have expressly given you permission to do so, but then only for the purposes, and in the manner, permitted;
If we give you a password to access any part of this website or any Services, you must keep that password confidential and not disclose it to any other person. Nor may you permit any other person to use that password;
You must change your password regularly. Further you must change it immediately if you believe that it has become known to any other person;
You must follow our instructions when using the Services, and comply with any specific terms that we publish on this website or that we give you regarding the Services from time to time;
You must make sure all information and instructions that you give us are true, correct and complete, and that you are authorised to provide the information and instructions;
You may only save a local copy of, or print material posted on this website for your own information or research, or to inform others about this website;
You may not reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit any part of this website for any commercial purpose;
You must not post or transmit to this website any illegal, threatening, abusive, defamatory, obscene or indecent information or material of any kind, or encourage any other person to do so;
You must not knowingly post or transmit or permit the posting or transmission of any material to this website which contains a virus;
You must not post or transmit any material to this website which breaches any laws relating to a person's right to privacy or the export of personal information, or personal information about another person without their consent;
You must take your own precautions to ensure that whatever you select from this website is free of viruses or anything else that may interfere with your or any third party's computer systems.

We also reserve the right to refuse access or edit or delete material posted by you in contravention of these Terms.

Products that we sell

Our products shown may be purchased online or at our stores. See store locator on this website for details. Not all products are available in all stores.

Shopping Terms and Conditions

Kathmandu’s Online Services provides customers a convenient and secure online shopping experience.

We currently accept payment using MasterCard, Visa, American Express, Apple Pay, Google Pay or our Gift card transaction facility. You are welcome to pay using your Paypal account, or using Afterpay (for purchases up to $2,000).

You have the option to create an account through our website which will allow you to save your delivery address details, d saving you the effort of entering these details each time you checkout.

For online purchases made as a ‘Guest’ customer, we are only able to arrange an exchange by creating an ‘Online Account’. Unless we are instructed otherwise, we will create an ‘Online Account’ for all ‘Guest’ customer exchanges. Alternatively, we can arrange a refund via the original payment method, so that another ‘Guest’ purchase can be placed independently.

Pricing

All prices in the shopping areas are in New Zealand dollars (NZD$) and include GST (where applicable). All prices are correct at time of publication; however we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order.

Not all items or promotions are available through all stores, a specific store or online. All offers and items are subject to availability at the advertised price.

We reserve the right to withdraw any product from sale without notice, for any reason. However for various reasons, that product might still appear on our website for a period of time after that withdrawal. We make no undertaking that a product shown on this website will be available for purchase online at all stores or at a specific store.

All product prices stated on this website are inclusive of New Zealand goods and services tax.

For all Kathmandu clearance items online, the price may have been available for longer than the previous price.

Payment processing

When an order is submitted your selected payment method will be debited. All items on your order will prepared for despatch to your nominated shipping address. If Kathmandu cannot supply the items requested we will then process a refund to the value of the non-supplied items. An email confirmation of the refund will be sent to your email address supplied on the initiating order.

The card issuer or payment method controls the timing of returned funds. Please contact your card issuer/payment provider for details.

Card transactions may be subject to fraud management checks, to help protect our customers and reduce our exposure to fraud. Orders which meet pre-defined criteria will be held for approval before the funds are withdrawn from a customer’s account and the order subsequently released. A pre-authorisation amount may be put in place by the card issuing bank until the order is confirmed and the payment is settled for Kathmandu. We will aim to contact you as soon as possible if your order is held for review, so that we can verify your payment details and clarify any discrepancies. Orders will be accepted once we are satisfied the transaction can be confirmed as legitimate. We reserve the right to reject any order where the customer is unable to verify their payment method or respond to any reasonable concerns. This adds an additional layer of protection and reassurance for our customers but may result in a delay in order completion if we are unable to contact you.

Website and Credit Card Security

We take website and credit card security extremely seriously and always endeavour to provide a secure safe platform on which to conduct online transactions. The Kathmandu websites are secured by Comodo SSL certificates and Cloudflare. Our primary payment gateway is operated by Cybersource, a VISA company. No credit card data is ever stored by Kathmandu.

Contact Details

If you have any queries regarding shopping with kathmandu.co.nz, please email [email protected] or call 0800 001 234.

Children

No one under the age of 16 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on our websites.

Phone Orders

You can place phone orders with Kathmandu by calling our Customer Service team on 0800 001 234. Find out more about how to place phone orders.

Disclaimers

We will endeavour to ensure that information provided through this website is accurate and current. However we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this website or that it is up to date. For example (but without limitation):

Prices and colours of products may change, and all products are subject to availability;
Variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);
Despite every effort to accurately duplicate each product's colours on our website, they are intended as a guide only and actual colours may vary. The colours you see online will also depend on your screen display and settings, therefore, we cannot guarantee that your monitor's display of any image will accurately reflect the colour of the product on delivery;
Description of products are summaries only (with further information available on request to us); and
Due to technical or human error, information may be recorded incorrectly or omitted.

We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website.

We do not warrant that access to this website will be uninterrupted or error-free, that defects will be corrected or that the site or the server that makes it available are free of viruses, bugs or anything similar that may impact the functionality, accuracy and/or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this website. We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.

Liability and Limitation

Kathmandu is also committed to honouring consumer guarantees under the Consumer Guarantees Act 1993. This means we will assist you if goods:

are or become faulty through no fault of your own;
are not fit for a stated purpose or a purpose you made known to our sales staff;
don’t match our description or sample; or
have defects that were not obvious or we did not bring to your attention.

If the fault is minor or can be repaired then we may choose to repair the goods or give you a replacement. If the fault is serious or cannot be repaired then you can choose to have a refund, get a replacement or similar item or keep the goods but get some money back in compensation.

However, you may be asked to provide your receipt as proof of purchase. You may also be asked to demonstrate that the problem with the goods was not your fault.

To the fullest extent permissible at law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website, the Services or any material appearing on this website, or from any action or decision taken as a result of using this website, the Services or any such material.

Third Party Websites

We are not responsible for any information that does not originate directly from us, for any links we provide to third party sites (“Third Party Websites”), or for information or goods or services at or accessible from those Third Party Websites. This includes the content of third-party advertisements appearing on this website and links to Third Party Websites. These are provided for convenience only and may not remain current or maintained. The appearance of advertisements for third parties or links to Third Party Websites on this website is not to be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of those Third Party Websites, or of any information, goods or services referred to or offered on those sites or otherwise posted on this website. Responsibility for any of that content rests solely with those third parties.

No links may be made to this website without our prior written consent. Applications for consent must be made to the Group Online Manager, Kathmandu Ltd, PO Box 1234, Christchurch, New Zealand.

Intellectual Property Rights

No links may be made to this website without our prior written consent. Applications for consent must be made to the Group Online Manager, Kathmandu Ltd, PO Box 1234, Christchurch, New Zealand.

The content displayed on this website is protected by copyright and other laws in New Zealand, and under similar laws and international conventions globally. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in the content available through this website including text, images, graphics, photographs, video, logos, sounds, layout, designs, software and source code belong to us (or, where relevant, to our licensors). Except as permitted by these Terms, or with our prior written permission, you may not, in any form or by any means:

Use this website or any information or other material from this website, including any information about products or services obtained from any part of this website, for any commercial purpose;
Remove any copyright, trade mark or any other intellectual property notice from any material accessible on this website; or
Copy, adapt, modify, store, distribute, print, display, perform, publish, transmit alter or tamper with in any way, or otherwise use, any material contained in any part of this website (except as expressly permitted in these Terms).

Except where otherwise specified, any word or logo to which the "™" symbol is attached is a trademark, and any to which the “®” mark is attached is a registered trade mark. If you use our trademarks, you must include a statement attributing ownership of that trade mark to us. Any other trademarks we use are used with the permission of their respective owners.

Termination or Suspension

We may at any time and without notice:

Change the format and content of this website and/or any Services;
Stop providing, suspend or restrict your access to this website or any Service if you do not comply with any obligation you have to us (whether under these Terms or otherwise); or
Stop providing or suspend the operation of this website and/or the Services (in whole or in part).

No such action will affect any of our rights or your responsibilities under these Terms or otherwise, including any disclaimer.

Privacy

As a visitor to our website, please refer to the terms of our Privacy Statement for information about how we handle your personal information.

General

Each term of these Terms is separately binding. If for any reason any term is not effective or binding all other terms remain effective and binding.

If we do not exercise or enforce any right available to us under these Terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.

These Terms (and the provision of products and services by us) are governed by and to be interpreted solely in accordance with New Zealand law. In the event of any dispute arising in relation to these Terms or their subject matter, the New Zealand courts will have non-exclusive jurisdiction over such dispute.

Last updated 16 March 2020