T E R M S A N D C O N D I T I O N S O F S U P P L Y

KLOTHING LIMITED

A head-to-toe marketplace for New Zealand and Australia

PART A — GENERAL TERMS

1. About us and these Terms

1.1 KLOTHING LIMITED (NZBN 9429052132117) (KlōTHiNG, we, us, our) operates the online marketplace at klothing.co.nz (Site) and any associated sales channel, market stall or pop-up we operate from time to time.

1.2 These Terms and Conditions of Supply (Terms), together with our Privacy Policy, Returns Policy and Delivery Information, govern the supply of goods (Products) by us to you. They apply to every order you place.

1.3 By placing an order you confirm that you have read, understood and agree to these Terms. If you do not agree, do not place an order.

1.4 We recommend you print or save a copy of these Terms. The version in force at the time you place an order is the version that applies to that order.

2. Definitions

2.1 In these Terms, unless the context requires otherwise: Consumer has the meaning given in section 2 of the Consumer Guarantees Act 1993; CGA means the Consumer Guarantees Act 1993; FTA means the Fair Trading Act 1986; ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth); Order Confirmation means the email we send confirming acceptance of your order; Partner Brand means a brand whose Products are offered through the Site, including those listed in clause 5; Working Day means a day other than a Saturday, Sunday or New Zealand public holiday; and Jewellery has the meaning given in clause 16.1.

3. Eligibility, accounts and accuracy of information

3.1 You may only place an order if you are at least 18 years of age and legally capable of entering into a binding contract.

3.2 You are responsible for keeping your account credentials secure and for all activity conducted through your account. Notify us immediately if you suspect unauthorised use.

3.3 You must provide accurate, current and complete delivery and contact information. We are not liable for failed or delayed delivery caused by information that is incorrect, incomplete or out of date, and re-delivery in those circumstances is at your cost.

3.4 We may refuse, limit or cancel any order where we have reasonable grounds to believe the order is fraudulent, is placed for resale, is inconsistent with these Terms, or arises from an obvious pricing or listing error.

4. Our role: marketplace and supplier

4.1 Unless a Product listing expressly states otherwise, KlōTHiNG sells the Product to you as principal. Your contract of sale is with KlōTHiNG, and KlōTHiNG is the supplier for the purposes of the CGA.

4.2 Where a listing expressly identifies a Product as supplied by a third party and identifies KlōTHiNG as acting as agent, the contract of sale is between you and that third party, and we will disclose the identity of that supplier before you complete the purchase. We remain responsible for the accuracy of the listing information we publish and for our own conduct.

4.3 Products manufactured by a Partner Brand carry that brand's own manufacturer warranty (if any) in addition to your rights under these Terms and applicable consumer law. A manufacturer warranty does not reduce those rights.

4.4 We do not restrict the brands or categories we are willing to list. Listing a Partner Brand does not mean KlōTHiNG and that brand are partners in law, joint venturers, or in any relationship of agency beyond that described in clause 4.2.

5. Products, Partner Brands and descriptions

5.1 We offer a head-to-toe range across the following categories: clothing and apparel; headwear and caps; footwear; accessories and leather goods; watches; jewellery and precious stones; fragrance and grooming; and eyewear. Products are supplied under third-party brands and under our own brand. The categories and brands offered change from time to time, and the current range is shown on the Site.

5.2 All trade marks, brand names and logos of Partner Brands remain the property of their respective owners and are used on the Site under licence or with permission for the purpose of identifying the goods offered.

5.3 Product images are for illustration. We take reasonable care with photography and colour reproduction, but screen calibration varies and natural materials vary between batches. Minor variation between the image and the Product delivered is not a defect.

5.4 We publish fibre content, origin, weight, dimensions and care information supplied to us by the manufacturer. Where we are unable to substantiate a claim, we do not publish it. If you rely on a specific specification when purchasing, please confirm it with us in writing before ordering.

5.5 All Products are subject to availability. If a Product becomes unavailable after you order, clause 11 applies.

6. Orders and how the contract is formed

6.1 The order process allows you to check and correct your order before submitting it. Please review your order carefully at each step.

6.2 Your order is an offer to purchase. No contract exists until we send you an Order Confirmation. Automated acknowledgements of receipt, payment authorisations and Afterpay approvals are not acceptance of your order.

6.3 If we cannot accept your order we will tell you and refund any amount paid in full.

6.4 You may cancel an order at no cost at any time before it is despatched by contacting us. Once despatched, clause 9 applies. Jewellery is subject to the separate cancellation regime in clause 16.

7. Prices, GST and payment

7.1 Prices are shown in New Zealand dollars and, where GST applies, are inclusive of New Zealand GST at the prevailing rate. The price payable is the price shown at the time you place your order.

7.2 Delivery charges are shown separately at checkout before you commit to the purchase. We will not add any charge after checkout that was not disclosed at checkout.

7.3 Prices may change at any time, but a change will not affect an order already confirmed by an Order Confirmation.

7.4 If a Product is listed at an incorrect price, we will contact you before accepting your order. Where the correct price is lower, we charge the lower price. Where the correct price is higher, you may confirm at the correct price or cancel for a full refund. We are not obliged to supply at an obviously incorrect price that a reasonable person would have recognised as a mistake.

7.5 Payment is required in full at the time of ordering, by the methods shown at checkout. Where you pay using a buy-now-pay-later provider such as Afterpay, your arrangement with that provider is separate from these Terms and is governed by that provider's own terms. Late fees and eligibility criteria may apply.

7.6 Orders delivered outside New Zealand may attract import duties, taxes and customs charges levied in the destination country. Those charges are your responsibility. Where a Product is shipped internationally you agree that you are the importer, that the Product is for private use, and that you will complete any required declarations.

7.7 Title in a Product passes to you on the later of delivery and our receipt of payment in full.

8. Delivery, timeframes, risk and title

8.1 Our standard delivery turnaround is fifteen (15) Working Days from the date of the Order Confirmation for addresses in New Zealand and Australia. Many orders arrive sooner. Rural, remote, offshore island and Australian regional addresses may take longer, and we will tell you at checkout or by email where we expect this.

8.2 Delivery timeframes are estimates given in good faith and are not guaranteed unless we expressly agree a guaranteed date in writing. Time is not of the essence.

8.3 Made-to-order, resized, engraved or specially sourced Products (including most made-to-order Jewellery and engraved Products) have their own lead time, which is stated on the listing or confirmed in writing before production begins. Where a separate lead time is stated, it applies in place of clause 8.1.

8.4 If delivery has not occurred within fifteen (15) Working Days after the end of the applicable timeframe, you may contact us and elect either to continue to wait or to cancel the order and receive a full refund of the price and delivery charge, unless the Product has already been despatched or the delay is attributable to information you supplied.

8.5 Risk in a Product passes to you on delivery to the address you provided. Where you instruct that a delivery be left without signature, or authorise delivery to a third party, a parcel locker or an unattended location, risk passes when it is left in accordance with your instruction and we are not responsible for subsequent loss, theft or damage.

8.6 Where delivery is delayed or prevented by an event outside our reasonable control, clause 20 applies.

8.7 You must inspect Products promptly on delivery. See clause 9.3 for the notification period that applies to visible damage and shortages.

9. Returns, exchanges and cancellation

This clause sets out the contractual returns policy we offer. It sits alongside, and does not reduce, your rights under the CGA, the FTA and the ACL. Where those rights apply, they prevail over anything in this clause.

9.1 Change of size or fit. If a Product does not fit, you may request a return or exchange provided you notify us within forty-eight (48) hours of delivery and the Product is returned unworn, unwashed, unaltered, in its original condition with all tags, seals and packaging intact. Return freight for size or fit returns is at your cost. Exchanges are subject to availability; where the alternative size is unavailable we will refund you.

9.2 Damaged or incorrect Products. If a Product arrives damaged, faulty or is not the Product you ordered, notify us within forty-eight (48) hours of delivery with photographs of the Product and its packaging. We will arrange collection or return freight at our cost and, at your election, repair, replace or refund.

9.3 Visible transit damage and shortages. Damage visible on the outside of the parcel, and any shortage in the number of items delivered, must be notified within forty-eight (48) hours of delivery so that we can pursue the carrier.

9.4 Effect of the 48-hour period. The 48-hour period in clauses 9.1 to 9.3 is the period within which we ask you to notify us so that we can act quickly and, where relevant, preserve a claim against a carrier. It does not limit, and must not be read as limiting, any right you have under the CGA or the ACL in respect of a Product that fails to comply with a statutory guarantee. Faults that were not reasonably apparent on delivery, including latent defects and premature failure, may be raised at any time within a period that is reasonable having regard to the nature and price of the Product.

9.5 Conditions of return. Returned Products must be securely packaged. Products returned worn, washed, altered, damaged after delivery, without tags, or with broken hygiene seals may be declined or accepted at a reduced refund reflecting the reduction in value, except where the Product is faulty.

9.6 Refunds. Approved refunds are made to the original payment method within ten (10) Working Days of our receiving and inspecting the returned Product. Where payment was made through a buy-now-pay-later provider, the refund is processed to that provider and the timing of any adjustment to your instalment plan is determined by them.

9.7 Excluded from change-of-mind and size returns. Clause 9.1 does not apply to: (a) Jewellery made, set, sized or engraved to your specification, which is governed by clause 16; (b) fragrance and cosmetic Products where the seal or cellophane has been broken, which is governed by clause 17; (c) Products made, altered, engraved or personalised to your specification; (d) underwear, swimwear and other intimate apparel where the hygiene seal has been removed; and (e) gift cards. Nothing in this clause 9.7 excludes your rights in respect of a Product that is faulty or does not match its description.

9.8 We do not offer refunds or exchanges simply because you have changed your mind, other than as expressly set out in clause 9.1. Where we do accept a change-of-mind return as a gesture of goodwill, we may offer store credit rather than a cash refund.

10. Consumer guarantees and statutory rights

10.1 Where you acquire Products as a Consumer, the CGA implies guarantees that cannot be contracted out of, including that Products are of acceptable quality, fit for purpose, match their description and are supplied with reasonable care and skill. Nothing in these Terms excludes, restricts or modifies those guarantees.

10.2 Where you are a customer in Australia, the ACL provides equivalent non-excludable consumer guarantees. Nothing in these Terms excludes, restricts or modifies those guarantees. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage, and to have Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

10.3 Where you acquire Products for the purposes of a business, you agree that the CGA does not apply and that sections 9, 12A and 13 of the FTA do not apply, to the maximum extent permitted by section 43(2) of the CGA and section 5D of the FTA. You acknowledge that it is fair and reasonable for us to be bound by this clause given the pricing on which Products are supplied. This clause does not apply where you acquire Products for personal, domestic or household use.

10.4 Nothing in these Terms limits our liability for fraud, or for any liability that cannot lawfully be limited.

PART B — CATEGORY SPECIFIC TERMS

The following terms apply in addition to Part A. Where a category term conflicts with Part A, the category term prevails for Products in that category.

11. Clothing and apparel

11.1 Sizing is as specified by the manufacturer and is not standardised across brands, countries or garment types. Measurements published on a listing are a guide, taken flat, and are subject to a manufacturing tolerance of approximately one centimetre. We recommend comparing published measurements against a garment you already own before ordering.

11.2 Wool, merino, possum, cotton, linen, silk and other natural fibres vary. Slight variation in colour, texture, weight and dye lot between garments, and between a garment and its photograph, is a characteristic of the material and is not a defect.

11.3 Knitted natural-fibre garments shed lightly in early wear and may pill at points of friction. Light shedding and pilling are normal and are not defects.

11.4 Hand-finished, block-printed, hand-dyed and embroidered garments carry irregularities inherent to the technique. These are characteristics of the method, not faults.

11.5 First-wash colour release occurs in some dyed natural-fibre garments. Wash separately in accordance with the care label.

11.6 Care instructions are supplied on the garment and must be followed. Damage caused by machine washing, tumble drying, bleaching, ironing or dry cleaning contrary to the care label is not a defect and is not covered.

11.7 Fibre content and country of origin are stated as advised by the manufacturer and in accordance with applicable consumer information standards. Where a fibre composition is stated as a percentage, standard manufacturing tolerances apply.

11.8 Size and fit returns under clause 9.1 apply to this category.

12. Headwear and caps

12.1 Headwear is supplied in the sizing stated on the listing, which may be a fixed size, a size range, or one-size with an adjustable closure. Where a head circumference is published it is a guide and is subject to manufacturing tolerance.

12.2 For hygiene reasons, headwear may only be returned under clause 9.1 if it is unworn and free from cosmetic, hair product, perspiration or fragrance marks. Headwear showing signs of wear may be declined or accepted at a reduced refund reflecting the reduction in value, except where it is faulty.

12.3 Structured caps soften with wear and brims may be shaped by the wearer. Softening, brim curvature and crown relaxation through normal use are not defects.

12.4 Straw, raffia and other natural woven headwear contains irregularities in weave, fibre and colour that are inherent to the material.

12.5 Fading of dyed headwear through prolonged sun exposure is normal wear and is not a defect.

13. Footwear

13.1 Footwear sizing varies by manufacturer, last and region. Conversion charts published on the Site are a guide only and are not a representation that a stated size will fit you.

13.2 Try footwear on indoors, on a clean carpeted surface. Footwear returned under clause 9.1 must show no outsole wear, scuffing, creasing or soiling. Footwear showing signs of outdoor wear may be declined or accepted at a reduced refund reflecting the reduction in value, except where it is faulty.

13.3 The original shoebox forms part of the Product. Footwear must be returned in its undamaged original box, placed inside an outer carton. Do not affix courier labels or tape to the shoebox itself. A missing or damaged box may reduce the refund.

13.4 Leather and suede carry natural markings, grain variation, colour variation and scarring. These are characteristics of the hide, not faults.

13.5 Some footwear requires a break-in period. Initial firmness is not a defect, although we encourage you to contact us if a fit issue persists.

13.6 Outsoles, heel tips, insoles and laces are wear components and are consumed through normal use. Their wear is not a defect.

13.7 Size and fit returns under clause 9.1 apply to this category, subject to clauses 13.2 and 13.3.

14. Accessories and leather goods

14.1 This category includes bags, belts, wallets, small leather goods, scarves, gloves, socks, hosiery and similar items.

14.2 Leather and suede vary naturally in grain, colour and texture, and develop patina with use. Natural markings and patina are characteristics, not defects.

14.3 Metal hardware, including buckles, clasps, zips and chains, may show plating wear, tarnish and surface scratching through normal use. This is normal wear and is not a defect.

14.4 Belt sizing is measured as stated on the listing. Where a belt is stated as measured from buckle to middle hole, size accordingly.

14.5 For hygiene reasons, socks, hosiery and similar items supplied in sealed packaging may not be returned under clause 9.1 once the seal or packaging has been opened, unless the Product is faulty or not as described.

14.6 Size and fit returns under clause 9.1 otherwise apply to this category.

15. Watches

15.1 Watches are supplied with the manufacturer warranty stated on the listing, for the period stated. That warranty is in addition to, and does not reduce, your rights under applicable consumer law.

15.2 Water resistance ratings are laboratory static-pressure ratings measured at the time of manufacture. They are not a guarantee of performance in use. Gaskets and seals degrade over time and with exposure to heat, soap, chemicals and impact. Unless a watch is expressly stated to be suitable for a specific activity, it should not be used for swimming, showering, diving or water sports. Water ingress arising from use beyond the stated rating, from a crown or pusher left unsecured, or from a case opened by any person other than an authorised service agent, is not a defect.

15.3 Timekeeping tolerances apply. Mechanical movements are accurate to the tolerance stated by the manufacturer, which is typically measured in seconds per day and is materially wider than quartz. Variation within the stated tolerance is not a defect.

15.4 Batteries, straps, bracelets, crystals, plating and lume are wear components. Their consumption, wear or replacement through normal use is not a defect.

15.5 One complimentary bracelet resize or link removal is available within ninety (90) days of delivery on styles that can be safely resized, as identified on the listing. Opening the case, replacing a battery, servicing, resizing or repair carried out by any person other than us or an authorised service agent voids the manufacturer warranty in respect of the affected work. This does not affect your statutory rights.

15.6 Returns under clause 9.1 require the watch to be unworn, with all protective films intact, all removed links returned, and the original box, manual, warranty card and certificate included. A watch that has been sized, worn or had its protective film removed is not eligible for a size or change-of-mind return, except where it is faulty.

15.7 Engraved or personalised watches are excluded from clause 9.1 in accordance with clause 9.7(c).

16. Jewellery and precious stones

16.1 In this clause, Jewellery means diamonds (whether laboratory-grown or mined), gemstones, pearls, and articles of precious or semi-precious metal supplied through the Site, whether loose, set, finished, made to order, resized or engraved.

16.2 Disclosure. Diamonds supplied as laboratory-grown are disclosed as laboratory-grown on the listing, on the invoice and on the accompanying certificate. They are chemically, physically and optically diamond, and are not simulants. We do not represent laboratory-grown diamonds as mined diamonds, and we do not represent that they carry the resale characteristics of mined diamonds. Treated, enhanced, composite, reconstituted and cultured stones are disclosed as such.

16.3 Certification. Each certified stone is supplied with the grading report identified on the listing. A grading report is the opinion of the issuing laboratory. Grading is a matter of expert opinion and laboratories may differ by a grade; a difference of opinion between laboratories is not, of itself, a defect.

16.4 Metal and purity. Precious metal purity is stated in carat or fineness as advised by the manufacturer. Where an item is plated, filled or vermeil rather than solid, this is disclosed on the listing.

16.5 Pre-purchase confirmation. Before we accept an order for made-to-order, resized or engraved Jewellery you must confirm in writing the specification you have selected, including carat weight, colour, clarity, cut, metal, finger or wrist size and any engraving. We will send you a written specification summary. Your written confirmation of that summary, or your instruction to proceed, is your acceptance of the specification.

16.6 Cancellation window. You may cancel an order for made-to-order, resized or engraved Jewellery, at no cost, at any time within twenty-four (24) hours of confirming the specification under clause 16.5, provided production has not commenced. We will tell you when production has commenced.

16.7 No change-of-mind or size return. Because such Jewellery is cut, set, sized, engraved or sourced to the specification you confirm, and cannot be restored to saleable condition once produced or resized, clause 9.1 does not apply to it. This exclusion applies only to change of mind, change of specification and change of size. It does not apply where the Product is faulty, is not of acceptable quality, does not match its description or certificate, or otherwise fails to comply with a statutory guarantee.

16.8 What we do warrant. We warrant that Jewellery delivered to you will: (a) match the written specification confirmed under clause 16.5; (b) match the accompanying grading report; (c) be free from defects in workmanship for twelve (12) months from delivery in normal wear; and (d) comply with the applicable statutory guarantees. If it does not, we will at your election repair, replace or refund, and return freight is at our cost.

16.9 Verification of a disputed stone. If you believe a stone does not match its certificate, notify us within thirty (30) days of delivery. The Product must be returned in unworn, unaltered condition with its certificate and packaging. We will submit it to an independent accredited gemmological laboratory agreed between us. If the stone does not match its certificate, we bear the cost of verification and remedy you under clause 16.8. If it does match, you bear the reasonable cost of verification and return freight, and the Product is returned to you. This clause does not require you to use this process before exercising a statutory right.

16.10 Resizing and alteration. One complimentary resize is available within ninety (90) days of delivery on ring styles that can be safely resized, as identified on the listing. Alteration, resizing, repair, engraving or setting work carried out by any person other than us or our nominated jeweller voids the workmanship warranty in clause 16.8(c) in respect of the affected work, but does not affect your statutory rights.

16.11 Hygiene. For health and hygiene reasons, earrings for pierced ears may not be returned under clause 9.1 once the hygiene seal or packaging has been opened, unless the Product is faulty or not as described.

16.12 Wear and care. Precious metals are soft and will show surface wear with normal use. Surface scratching, patina, tarnish on silver, plating wear, and stones loosening through impact or catching are not defects. Pearls and porous gemstones are damaged by fragrance, cosmetics and household chemicals. Care guidance is supplied with the Product.

16.13 Valuation and resale. Any valuation supplied is for insurance purposes only. We make no representation as to future resale, investment or trade-in value, and you should not purchase Jewellery on the expectation of resale value.

16.14 Security of delivery. Jewellery is despatched by tracked, signature-required, insured courier. Delivery instructions that waive signature are not available for this category, and any such instruction given to a carrier is at your own risk.

17. Fragrance and grooming

17.1 Fragrance and grooming Products are supplied sealed. For health, safety and hygiene reasons they cannot be returned or exchanged under clause 9.1 once the outer seal, cellophane or tamper-evident closure has been broken, unless the Product is faulty, has leaked in transit, is not as described, or is otherwise not of acceptable quality.

17.2 Alcohol-based fragrance and aerosol Products are classified as dangerous goods for air freight. Delivery may be by road only, may take longer than the timeframe in clause 8.1, and may not be available to every destination. Where we cannot deliver to your address we will tell you and refund you in full.

17.3 These Products are for external use only. Discontinue use if irritation occurs. Ingredient and allergen information supplied by the manufacturer is published on the listing. If you have a known sensitivity, review that information before ordering and patch test before general use.

17.4 We do not make, and do not adopt, any therapeutic or medicinal claim in respect of a grooming Product. Product descriptions are cosmetic descriptions only.

17.5 Scent is subjective and its performance varies with skin chemistry, climate and application. A Product performing differently on you than you expected is not a defect and is not grounds for return under clause 9.1.

17.6 Concentration, volume, batch and country of manufacture are stated as advised by the manufacturer.

18. Eyewear

18.1 Unless a listing expressly states otherwise, eyewear is supplied as non-prescription sunglasses or frames. We do not supply prescription lenses, and nothing on the Site is an eye examination or optical advice.

18.2 Lens category, ultraviolet protection and any applicable standard are stated as advised by the manufacturer. Sunglasses are not suitable for direct observation of the sun, for welding, or for driving where the lens category is stated as unsuitable for that use.

18.3 For hygiene reasons, eyewear returned under clause 9.1 must be unworn, with protective films intact, lenses free of scratches and frames free of cosmetic marks, and must include the original case and cleaning cloth.

18.4 Frame adjustment should be carried out by a qualified optical dispenser. Damage caused by self-adjustment is not a defect.

19. Own-brand Products and in-person sales

19.1 Products supplied under our own brand are subject to the category clause in this Part B that corresponds to the Product type described on the listing.

19.2 Products purchased in person at a market stall, pop-up or event are supplied subject to these Terms, except that the delivery clauses do not apply and the 48-hour period in clause 9 runs from the time of purchase. Your statutory rights are unaffected.

PART C — LEGAL TERMS

20. Intellectual property

20.1 All content on the Site, including text, layout, photography, graphics, and the KlōTHiNG name, logo and marks, is owned by or licensed to us and is protected by intellectual property laws. KlōTHiNG is an unregistered trade mark of KLOTHING LIMITED and is used with the ™ symbol pending registration.

20.2 You may access and view the Site for personal, non-commercial use. You may not reproduce, republish, scrape, data-mine, resell or otherwise exploit any part of the Site or its content without our prior written consent.

20.3 Partner Brand marks are the property of their owners. Nothing on the Site grants you any right to use them.

20.4 If you submit a review, photograph or other content to us, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce and display that content in connection with our business, and you confirm you have the right to grant that licence.

21. Privacy

21.1 We collect, use, store and disclose personal information in accordance with the Privacy Act 2020 and our Privacy Policy, which forms part of these Terms.

21.2 We collect personal information to process and deliver your order, provide customer service, meet legal obligations and, where you have consented, send you marketing communications. You may withdraw consent to marketing at any time using the unsubscribe function in any message.

21.3 We disclose personal information to service providers who assist us, including payment processors, buy-now-pay-later providers, couriers, and where relevant a Partner Brand fulfilling your order. Some of these providers are located outside New Zealand.

21.4 You may request access to, and correction of, the personal information we hold about you by contacting us.

21.5 We do not store full payment card details. Card payments are processed by our payment provider under its own security standards.

22. Use of the Site

22.1 You must not use the Site for any unlawful purpose, interfere with its operation or security, introduce malicious code, or attempt to gain unauthorised access to any part of it.

22.2 The Site is provided on an “as is” basis. We do not warrant that it will be uninterrupted or error free, and we may suspend, withdraw or restrict it at any time.

22.3 The Site may link to third-party sites. We are not responsible for their content or their terms.

23. Liability

23.1 Clauses 23.2 to 23.5 apply subject always to clause 10. Nothing in this clause 23 limits any liability that cannot lawfully be limited, including under the CGA and the ACL where those apply.

23.2 We are not liable for any loss that was not reasonably foreseeable at the time the contract was formed.

23.3 To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of business or business opportunity, loss of data, or loss of anticipated savings.

23.4 To the maximum extent permitted by law, our total aggregate liability in connection with any Product or order is limited to the amount you paid for that Product, including delivery charges.

23.5 Products are supplied for personal, domestic and household use. If you use a Product for a commercial or resale purpose, we have no liability for any business loss.

23.6 You indemnify us against any loss, cost, claim or liability we suffer arising from your breach of these Terms, your fraudulent or unlawful conduct, or your use of a Product in a manner contrary to its instructions or intended use. This indemnity does not apply to the extent the loss arises from our own breach, negligence or unlawful conduct, and does not apply where you acquire Products as a Consumer to the extent that such an indemnity would be unenforceable.

24. Events outside our control

24.1 We are not liable for any delay or failure to perform caused by an event beyond our reasonable control, including natural disaster, severe weather, epidemic, fire, flood, earthquake, strike, civil unrest, war, act of government, border closure, carrier failure, port congestion, cyber-attack or failure of public infrastructure.

24.2 If such an event occurs, we will notify you as soon as reasonably practicable and take reasonable steps to minimise the delay. Our obligations are suspended for the duration of the event. If the delay exceeds thirty (30) days, either party may cancel the affected order and we will refund you in full.

25. Suspension and termination

25.1 We may suspend or close your account, and refuse future orders, where you materially breach these Terms, engage in fraudulent or abusive conduct, or where we are required to do so by law. Where practicable we will give you notice and an opportunity to remedy.

25.2 Termination does not affect any accrued rights or any order already accepted, and does not affect your statutory rights in respect of Products already supplied.

26. Complaints and dispute resolution

26.1 If you have a complaint, contact us first. We aim to acknowledge complaints within two (2) Working Days and to resolve them within ten (10) Working Days.

26.2 If we cannot resolve a complaint, either party may refer the dispute to mediation administered by the New Zealand Dispute Resolution Centre or another mediator agreed between us, with costs shared equally.

26.3 Nothing in this clause prevents you from taking a claim to the Disputes Tribunal, a court of competent jurisdiction, or a regulator including the Commerce Commission, at any time. Nothing in this clause requires you to mediate before exercising a statutory right.

27. General

27.1 Amendment. We may amend these Terms to reflect changes in payment methods, delivery arrangements, our Product range, or law and regulation. The amended Terms take effect when published on the Site and apply to orders placed after that date. The version applying to your order is the version in force when you placed it.

27.2 Assignment. We may transfer our rights and obligations under these Terms to another entity, provided this does not reduce your rights. You may not transfer yours without our written consent.

27.3 Severability. If any provision is held unlawful or unenforceable, it is severed and the remaining provisions continue in full force.

27.4 Waiver. A failure or delay in enforcing a right is not a waiver of it. A waiver is effective only if given in writing.

27.5 No third-party rights. Except as set out in clause 4.2, these Terms are between you and us, and no other person may enforce them under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.

27.6 Entire agreement. These Terms, together with the Privacy Policy, Returns Policy and Delivery Information, are the entire agreement between us in relation to the supply of Products, and supersede any prior representation, except that nothing excludes liability for misleading conduct under the FTA.

27.7 Governing law and jurisdiction. These Terms and any contract formed under them are governed by New Zealand law. The parties submit to the non-exclusive jurisdiction of the New Zealand courts. If you are an Australian consumer, nothing in this clause deprives you of the benefit of the ACL or of the right to bring proceedings in Australia where the law permits.

27.8 Notices. Notices to us must be sent to the contact address in clause 28. Notices to you will be sent to the email address on your order and are deemed received on the day sent, unless we receive a delivery failure notice.

28. How to contact us

KLOTHING LIMITED · NZBN 9429052132117

Level 1 / 18–26 Amelia Earhart Avenue, Airport Oaks, Auckland 2022, New Zealand

Website: klothing.co.nz · Email: return@klothing.co.nz · Text or WhatsApp: +64 22 159 0369

SCHEDULE 1 — RETURNS AT A GLANCE

This schedule is a summary for convenience only. The operative terms are in clauses 9 and 11 to 19, and your statutory rights under the CGA and the ACL apply in every case.