W E B S I T E T E R M S O F U S E

KLOTHING LIMITED

The terms on which you may use klothing.co.nz

By accessing, browsing, searching, creating an account on or otherwise using klothing.co.nz, you confirm that you accept these Website Terms of Use and agree to comply with them. If you do not agree, you must not use the Site.

PART A — SCOPE AND RELATIONSHIP TO OUR OTHER TERMS

1. Who we are

1.1 klothing.co.nz (Site) is operated by KLOTHING LIMITED (KlōTHiNG, we, us, our), a company registered in New Zealand under NZBN 9429052132117, with its registered office at Level 1 / 18–26 Amelia Earhart Avenue, Airport Oaks, Auckland 2022, New Zealand.

1.2 KlōTHiNG operates a curated multi-brand marketplace offering a head-to-toe range across clothing and apparel, headwear and caps, footwear, accessories and leather goods, watches, jewellery and precious stones, fragrance and grooming, and eyewear, to customers in New Zealand and Australia.

2. The documents that make up our Site Terms

2.1 These Website Terms of Use are one of four documents that together govern your relationship with us. Each has a distinct job:

2.2 Where these Website Terms of Use conflict with the Terms and Conditions of Supply in relation to a purchase, the Terms and Conditions of Supply prevail. Where they conflict with the Privacy Policy in relation to personal information, the Privacy Policy prevails.

2.3 Defined terms used but not defined on this page have the meaning given to them in the Terms and Conditions of Supply. In particular, Product, Order Confirmation, Partner Brand and Working Day carry the same meaning here as they do there.

2.4 Nothing on this page limits, and nothing on this page should be read as limiting, your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Privacy Act 2020 or, for Australian customers, the Australian Consumer Law. Where those rights apply and cannot lawfully be excluded, they prevail over anything on this page.

3. Our role as a marketplace

3.1 The Site brings together Products from third-party brands alongside our own-brand Products. Listing a brand on the Site does not make that brand our partner in law, our joint venturer, or our agent, except as expressly stated in clause 4 of the Terms and Conditions of Supply.

3.2 Unless a listing expressly states otherwise, KlōTHiNG sells to you as principal, and your contract of sale is with us. The circumstances in which we act as agent for a third-party supplier are set out in clause 4.2 of the Terms and Conditions of Supply and are disclosed on the listing before you buy.

3.3 We do not restrict the brands or categories we are willing to list. We do apply a standard: product honestly described, price fully disclosed, and quality verified at source. That standard governs what we list; it is not a guarantee to you beyond the guarantees given in the Terms and Conditions of Supply and under applicable consumer law.

3.4 Product information, imagery, specifications and certificates published on the Site are provided to us by manufacturers, brand owners and suppliers. We take reasonable care in publishing that information, and we do not publish a claim we cannot substantiate. Clause 5 of the Terms and Conditions of Supply governs the accuracy of Product descriptions in a sale.

PART B — USING THE SITE

4. Accessing the Site

4.1 The Site is made available free of charge. We do not guarantee that the Site, or any content on it, will always be available, uninterrupted or error free.

4.2 We may suspend, withdraw, restrict or amend all or any part of the Site for business or operational reasons, without notice. We are not liable to you if the Site is unavailable at any time or for any period.

4.3 You are responsible for the arrangements necessary to access the Site, including your device, connection and security software, and for ensuring that anyone who accesses the Site through your connection is aware of and complies with these Website Terms of Use.

4.4You may only use the Site if you are at least 18 years of age. Purchasing requires you to be at least 18 and legally capable of entering into a binding contract, as set out in clause 3.1 of the Terms and Conditions of Supply.

5. Your account

5.1 You may need to create an account to place an order, track a delivery or manage returns. You must provide accurate, current and complete information, and keep it up to date.

5.2 You are responsible for keeping your login credentials confidential and for all activity carried out through your account. Notify us immediately if you suspect unauthorised use.

5.3 You must not share, sell or transfer your account, or use another person's account without their authority.

5.4 We may suspend or close your account where you materially breach these Website Terms of Use or the Terms and Conditions of Supply, where we reasonably suspect fraudulent or unlawful activity, or where we are required to do so by law. Where practicable we will give you notice and an opportunity to remedy.

6. Acceptable use

6.1 You may use the Site for lawful personal, non-commercial purposes only.

6.2 You must not: use the Site for any unlawful, fraudulent or harmful purpose; place speculative, false or fraudulent orders; purchase Products for resale without our written consent; impersonate any person; harvest or scrape data; use automated systems including bots, crawlers or scripts to access, monitor or copy the Site or its content except for search engine indexing we permit; circumvent pricing, stock or geographic controls; or interfere with the operation, integrity or security of the Site.

6.3 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs, ransomware or other malicious code. You must not attempt to gain unauthorised access to the Site, the servers on which it is hosted, or any connected system or database, and you must not conduct a denial-of-service or distributed denial-of-service attack.

6.4 Breach of clause 6.3 may be a criminal offence under the Crimes Act 1961. We will report any such breach to law enforcement and will co-operate with them, including by disclosing your identity. Your right to use the Site ceases immediately on any such breach.

6.5 We do not guarantee that the Site is free from bugs, viruses or other harmful components. You should use your own virus protection software.

7. Content you submit

7.1 You may be able to submit reviews, ratings, photographs, questions or other content to the Site or to our social media channels (User Content).

7.2 You must not submit User Content that is false, misleading or deceptive; defamatory, obscene, offensive, harassing or discriminatory; infringes any person's intellectual property, privacy or other rights; contains personal information about another person without their consent; contains malicious code or unsolicited advertising; or breaches any law.

7.3 You confirm that you own or have the right to submit any User Content you provide, and that it does not infringe the rights of any third party.

7.4 You grant us a non-exclusive, royalty-free, perpetual, worldwide and transferable licence to use, reproduce, adapt, publish, translate and display User Content in connection with our business, including in marketing, on the Site and on our social media channels, without further consent or payment. You retain ownership of your User Content.

7.5 We may moderate, edit, decline to publish or remove any User Content at our discretion and without notice. We are not obliged to monitor User Content, and User Content published on the Site is not our opinion or endorsement.

7.6 Reviews and ratings must reflect a genuine experience. Publishing a fake, incentivised-but-undisclosed or misleading review may breach the Fair Trading Act 1986. We do not publish reviews we know to be fabricated, and we do not remove genuine negative reviews simply because they are unfavourable.

PART C — CONTENT, RIGHTS AND LIABILITY

8. Intellectual property

8.1 We own, or are licensed to use, all intellectual property rights in the Site and in the material published on it, including text, layout, photography, illustration, graphics, code and design. All such rights are reserved.

8.2 KlōTHiNG is an unregistered trade mark of KLOTHING LIMITED and is used with the ™ symbol pending registration. Trade mark applications have been filed in New Zealand and Australia. You may not use our name, logo or marks without our prior written consent.

8.3 Partner Brand names, logos and marks appearing on the Site are the property of their respective owners and are used to identify the goods offered. Nothing on the Site grants you any right to use them.

8.4 You may view the Site and print or download one copy of any page for your own personal, non-commercial reference. You must not modify any copy you make, must not use any photograph, illustration or graphic separately from its accompanying text, and must always acknowledge us as the author of Site content.

8.5 You must not reproduce, republish, distribute, sell, scrape, data-mine, text-mine, frame, mirror or use any part of the Site or its content for any commercial purpose, or to train any machine learning or artificial intelligence system, without our prior written consent.

8.6 If you breach clause 8.4 or 8.5, your right to use the Site ceases immediately and you must, at our option, return or destroy any copies you have made.

9. No reliance on Site information

9.1 General content on the Site, including guides, editorial, fibre and care information and category explanations, is provided for general information only. It is not advice on which you should rely, and it is not professional, medical, gemmological or financial advice.

9.2 We make reasonable efforts to keep the Site current, but content may be out of date at any given time and we are under no obligation to update it. We do not warrant that the Site or its content is accurate, complete or up to date.

9.3 Clause 9 does not apply to Product descriptions, specifications and pricing forming part of a sale. Those are governed by clauses 5 and 7 of the Terms and Conditions of Supply and by the Fair Trading Act 1986, and nothing in this clause 9 excuses us from a misleading representation about a Product.

9.4 Any valuation, certificate or grading report supplied with a Product is the opinion of its issuer. Clause 16 of the Terms and Conditions of Supply governs jewellery certification and valuation.

10. Links and third-party sites

10.1 The Site may link to third-party websites, including brand sites, carrier tracking, payment providers and buy-now-pay-later providers. Those links are provided for convenience only.

10.2 We do not control and are not responsible for the content, terms, privacy practices or availability of third-party sites. Following a link is at your own risk and your dealings with that third party are governed by their terms.

10.3 Where you pay using a buy-now-pay-later provider, your arrangement with that provider is separate from your contract with us and is governed by their terms. Clause 7.5 of the Terms and Conditions of Supply applies.

10.4 You may link to our home page in a fair and lawful way that does not damage our reputation or suggest an association or endorsement that does not exist. You must not frame the Site or establish a link from any site you do not own. We may withdraw linking permission at any time.

11. Liability for use of the Site

11.1 This clause 11 concerns your use of the Site only. Our liability in connection with the supply of Products is dealt with separately, in clause 23 of the Terms and Conditions of Supply, and different limits apply there.

11.2 Nothing in this clause 11 limits any liability that cannot lawfully be limited, including under the Consumer Guarantees Act 1993 and the Australian Consumer Law where those apply, or liability for fraud.

11.3 Subject to clause 11.2, and to the maximum extent permitted by law, we exclude all conditions, warranties, representations and other terms that might otherwise apply to the Site or any content on it.

11.4 Subject to clause 11.2, and to the maximum extent permitted by law, we are not liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising from your use of or inability to use the Site, or your reliance on any general content on it.

11.5 Subject to clause 11.2, and to the maximum extent permitted by law, we are not liable for loss or damage caused by a virus, denial-of-service attack or other technologically harmful material arising from your use of the Site or your downloading of content from it.

11.6 The Site is provided for personal and domestic use. If you use the Site for a commercial or business purpose, we have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.

12. Privacy and cookies

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

12.2 The Site uses cookies and similar technologies for functionality, analytics and, where you have consented, advertising. Our Privacy Policy explains what we use and how you can manage your preferences.

12.3 By using the Site you confirm that any personal information you provide is accurate, and that you have authority to provide any personal information relating to another person, such as a gift recipient's delivery address.

PART D — GENERAL

13. Changes to these terms and to the Site

13.1 We may amend these Website Terms of Use at any time. The amended version takes effect when published on the Site, and applies to your use of the Site from that date. Please check this page each time you use the Site.

13.2 Amendments to these Website Terms of Use do not change the terms applying to an order you have already placed. The version of the Terms and Conditions of Supply in force when you placed your order governs that order, as set out in clause 27.1 of those Terms.

13.3 We change and update the Site regularly, including pricing, stock, imagery and the brands and categories we offer. We are under no obligation to update any particular content.

14. Suspension and termination

14.1 We may terminate or suspend your access to the Site immediately where you breach these Website Terms of Use, and we may remove any User Content you have submitted.

14.2 Termination does not affect any order already accepted, any accrued rights of either party, or your rights under applicable consumer law in respect of Products already supplied.

14.3 Clauses 7.4, 8, 11, 15 and 16 survive termination.

15. Complaints

15.1 If you have a complaint about the Site or about a Product, contact us first. We aim to acknowledge complaints within two (2) working days and to resolve them within ten (10) working days.

15.2 Our full complaints and dispute resolution process is set out in clause 26 of the Terms and Conditions of Supply. Nothing in that process prevents you from taking a claim to the Disputes Tribunal, a court, or a regulator including the Commerce Commission or the Office of the Privacy Commissioner, at any time.

16. General

16.1 Severability. If any provision of these Website Terms of Use is held unlawful or unenforceable, it is severed and the remaining provisions continue in full force.

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

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

16.4 No third-party rights. These Website Terms of Use 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.

16.5 Governing law and jurisdiction. These Website Terms of Use, their subject matter and their formation are governed by New Zealand law. You and we agree that the New Zealand courts have non-exclusive jurisdiction. If you are an Australian consumer, nothing in this clause deprives you of the benefit of the Australian Consumer Law or of any right to bring proceedings in Australia where the law permits.

17. Contact

KLOTHING LIMITED · NZBN 9429052132117

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

Website: klothing.co.nz · Email: contact@klothing.co.nz