Terms and Conditions

Usage of Website
These terms and conditions apply to the use of this website and to the trade of products from Nanok Kids (“we”, “us”, “our”) to the customer (“you”, “your”). By viewing and using this website you shall be deemed to accept these terms and conditions without any qualification whatsoever. If you do not accept them, you must cease using this website immediately.

We reserve the right to amend or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any amendment to or withdrawal of this website.

It is your responsibility to check the terms and conditions regularly for revisions and updates. You are bound by any such revisions and should therefore from time to time visit this page to review the current terms and conditions.

If you still continue to use this website after we post changes to the terms and conditions, this will indicate your acceptance of any such changes. If you do not agree to the changes made to the terms and conditions then you must stop using this website.

Acceptance of Your Order
Acceptance of your order and completion of the contract between you and Nanok Kids will take place at the time of dispatch of the products ordered by you. The sales contract is concluded in New Zealand and the language of the contract is English.

We reserve the right not to accept your order, or part of your order, in the event that, for example:

• We are unable to obtain authorisation for payment
• The product you ordered is out of stock
• You are not eligible to order from Nanok Kids

If there are any problems with your order, we will contact you.

We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no liability to you in relation to the rejected part of that order.

Stock Availability
All orders are subject to acceptance and availability of products. We do our best to keep all products in stock, however, some products sell out faster than anticipated and there can be long lead times from suppliers. If for any reason a product is not available, we will endeavour to notify the non-availability on this website, displaying a “Sold Out” sign next to the product.

We may revise the range of products or the specifications of any product at any time and without notice to you.

Cancellation Policy
If you change your mind about an order that you have placed with us, you must contact us within 24 hours of placement of your order.

Orders are normally processed immediately after they have been placed. In the event that we have already packaged your order and made arrangements for it to be sent to you when you cancel it, then it may be too late to stop it from being dispatched. If the order has already been dispatched, then you will be charged for the delivery charges. Once you receive the order, then you must return it to us in its original condition and packaging with tags attached, at your own cost.

Please refer to our Return Policy for further information.

Product Descriptions
We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct. Please note that due to the constraints of digital reproduction the colours shown on the website may vary slightly from the product colour and from screen to screen.

Company Name and Copyright
Nanok Kids is a division of Optima International Limited, registered in New Zealand, under Company Number 1155568. Our registered office is 80 Mersey Street, St Albans, Christchurch, New Zealand. Our GST number is 82 612 254.

Any copyright or other intellectual property rights in the photographs, site design and graphics, brands, logos, and products shown on this website shall be and remain the absolute property of Optima International Limited or its suppliers, whichever the case may be. You are permitted access to this website for personal, non-commercial use only. You may not use, distribute, transmit, store or reproduce any part of this website for commercial use without the prior written permission from Optima International Limited.

Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, injury, damages, losses, costs charges, outgoing, payment or expense, including reasonable legal fees (including solicitor/client costs), arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the web site using your shopping account and/or your personal information.

Warranties and Limitation of Liability
We will pass on to you the benefit of any manufacture warranty, however, all terms, conditions and warranties (whether express or implied) whether by us or our agents or employees, statute or otherwise (other than those mandatory warranties in the Fair Trading Act 1986 and Sale of Goods Act 1908 or other similar legislation) are expressly excluded.

You acknowledge that if you are a consumer under the Consumer Guarantees Act 1993 but are acquiring the products for business purposes, the guarantees under the Consumer Guarantees Act 1993 do not apply.

We and any of our directors, officers or staff shall not be liable to you (whether in contract, tort or otherwise) for any loss (whether direct, indirect, consequential or economic), injury, claim, action, liability, cost, charge, expense, outgoing, payment or damage of any kind whatsoever arising out of the supply of or failure to supply products.

If, we or any director, officer or staff are found to be liable to you in any circumstance then the maximum combined amount such person shall be liable for to you is an amount equal to the lesser of:

• The purchase price paid for the product; or
• The cost of replacement or repair of any product; or
• The actual loss or damage suffered.

Waiver
Any delay, failure or forbearance by a party to exercise (in whole or in part) any right, power or remedy under, or in connection with, these terms and conditions shall not operate as a waiver of such right, power or remedy. The waiver of any breach of any provision of these terms and conditions shall not be effective unless that waiver is in writing and is signed by the party against whom that wavier is claimed. A waiver of any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.

Variation
These terms and conditions may only be varied by agreement in writing between you and us.

Severability
If any condition or any part of a condition is at any time found to be invalid or otherwise rendered unenforceable, such condition or part of a condition will be enforced to the maximum extent permissible but shall be severable from these terms and conditions so that the validity and enforceability of the remaining terms and conditions are not affected.

Governing Law
The terms and conditions together with all our policies and procedures will be governed by and construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the laws and the courts of New Zealand.

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