KOOP - Standard Terms And Conditions Of Trade


CONTENTS:
1. DEFINITIONS
2. RETURNS and RELATED POLICIES
3. VOUCHERS (also see 1. Definitions)
4. PRIVACY
5. ACCOUNTS
6. PRICE, PAYMENT and SUPPLY
7. LEGAL and AGREEMENT
8. RISK
9. INTELLECTUAL PROPERTY
10. DISCLAIMER
11. CUSTOMER WARRANTIES
12. GENERAL


1. DEFINITIONS

"T&Cs" shall mean the Standard Terms And Conditions Of Trade used by Snaffles Limited - trading as Koop.
www.koop.co.nz” (also commonly referred to as “koop.co.nz”) is the name of a trading website owned and operated by Snaffles Limited.
"Koop" (or "us", "we", "our" or other similar terms when used in context for Koop throughout this website) shall mean Snaffles Limited - trading as Koop, and/or where in context; www.koop.co.nz.
"Website" shall mean the website described as "www.koop.co.nz" and any associated website functionality operated by Koop but excluding any linked websites.
"Registered Customer" means a person or entity who registers their details for the purposes of becoming a Koop account holder pursuant to these T&Cs.
"Customer", whether or not a Registered Customer (or "you", "your", "his", "hers", "theirs" or other similar terms when used in context for Customer throughout this website) shall mean any person or entity who has purchased or may potentially purchase Goods from Koop (potential purchasers include but are not limited to persons or entities who remain opted into any of Koop’s: social media sites, promo mail-out lists, account holder registrations or similar).
"Goods" (or "products", "items" or other similar terms including the singular form used in the context of Goods throughout this website) shall have the same meaning as in section 2 of the Sale of Goods Act 1908 and any amendments thereto. Such Goods as may be supplied by Koop to Customer shall, where the context so permits, include services.
"Price" shall mean the purchase price of Goods plus any related charges that together Customer shall pay Koop, which payment shall be in accordance with these T&Cs.
"Supplier" shall mean a third party who provides Goods to Koop or a Customer.
"Voucher" (also referred to as either "Voucher Number" or "Code" or "Gift Voucher" or "Koop Voucher" where the context requires) shall mean a password supplied by Koop to a Customer; the use of which in accordance with these T&Cs, will provide such Customer with a one-off specified type of discount against the total purchase value (excluding shipping and any other purchased Koop Gift Vouchers) of their next Koop checkout purchase.


2. RETURNS and RELATED POLICIES

If you need help; please contact Koop for personal assistance by emailing us 24/7 on contact@koop.co.nz or give us a call on (04) 891-0540 within normal business hours.

Our aim is to assist with any inquiry or issue as soon as possible, but please contact us to discuss before sending Goods back (to avoid mishandling issues).

In any below situation where we need to replace faulty Goods and stock has run out; we will instead repair or refund depending on circumstances.

Koop’s 7-day “change of mind” promise 
Some collections such as cushions and throws may display our 7-day “change of mind” promise. 

Subject to return requirements below (and excluding any sale goods and shipping), this means: where a Customer advises us their full or part purchase is unsuitable, we will issue a Koop Voucher of corresponding value, valid for 3 months. 

Goods must be returned within 7 days of purchase date along with proof of purchase - and be in the same condition as when dispatched by Koop (including any display packaging, labels and tags). 

Cancellations / Exchanges
Once purchase details and payment has been confirmed, unfortunately we are unable to change any order or delivery details locked into the automated system.

However, if such a last minute ordering error has been made, please contact us immediately after payment-processing to see if there is some way we can assist before dispatch occurs.

Goods are not generally subject to change of mind refund or exchange and so we ask you take care selecting your Goods. However, where a purchase involves an unusual situation, we may consider an exchange voucher - except in the case of outlet, sale items (including storewide sales) and Goods specially ordered in.

Goods out of stock
If we are unable to supply your order after you have confirmed purchase, we will refund you in full. Refunds will be issued by direct deposit to your credit card or bank account.

Damaged Goods
If your parcel has unfortunately been damaged in transit, please contact us as soon as possible – preferably within 2 working days of receiving any damaged goods.

This will allow us to process on a timely basis to meet any courier or other insurance timeframes we may have to meet. Please also keep the original packing as couriers may need to inspect this.

Faulty Goods
If any Goods are found faulty or not fit for purpose, please contact us so we can proceed to repair, replace or refund (also see Warranties below).

Incorrect Order / Goods
We check every parcel, but if we have sent an incorrect item, please contact us upon receipt. We will pay for the return of such Goods, however please ensure they are in their original condition, with all display packaging, labels and tags kept intact (excluding courier packaging).

Warranties
Goods will usually come with a 12 month warranty (from purchase date) unless otherwise stated or where Goods are services. Such warranties will cover faults, defects or failures occurring as a result of the manufacturing process. Warranties do not cover damage or faults occurring as a result of: misuse, abuse, impact/water damage, wear and tear and acts of god etc.

If a warranty claim applies (or the Goods are not fit for purpose); before returning any affected Goods, please contact Koop via the "Contact Us" page and remember to include as much information as possible such as: an explanation of what has happened, your full name, address, email address (the one you used to purchase goods) and invoice number so we can resolve any issue as quickly as possible.

Once faulty Goods are received and accepted by Koop as a warranty issue, we will at our option arrange to repair the Goods or (provided stock is still available) replace the Goods or otherwise issue a refund.

You must at all times retain proof of purchase for any warranty claim to remain valid. You are free to make a claim directly against any manufacturer's warranty where applicable, however if you do claim directly, please email and advise us of any such claim so we can be aware of issues with products.

In the event a warranty claim is directed to Koop, you must contact us immediately or if that is not possible, as soon as is reasonably practical after you discover there is a warranty issue.

We reserve the right to charge the Customer, at a reasonable hourly rate, the cost of examining and handling any Goods where such Goods are subsequently not found; to be faulty, defective or different to the description advertised on the Koop Website.


3. VOUCHERS (also see 1. Definitions)

A free $10 Koop Voucher accompanies all orders of $100 or more (excluding the value of shipping and any other purchased Vouchers).

Such free Vouchers are limited-time welcome-back gifts which will expire at Koop's discretion (usually around 3 months). 

In other promotions Koop may advise Customers of other Voucher numbers which can also be redeemed via the Koop checkout system.

Advice of a Voucher may be through social media sites, direct email, or any other means that Koop decides is appropriate at the time. It is the Customer’s responsibility to record such Voucher details.

A Voucher can only be used once in a single transactional undertaking. No refund of any unused Voucher portion applies.

If a purchase exceeds the Voucher value, Customer shall pay for the balance of their purchase in the usual way.

Vouchers are non-refundable and cannot be exchanged or redeemed for cash or be combined with any other promotion or Voucher, unless Koop notifies otherwise.

Vouchers are valid from the date of issue to the date specified (or discretionary expiry in the case of free Vouchers).

Koop is not responsible for lost, stolen or misused Vouchers.

Customer is not allowed to change, copy, transfer, assign or sell any Voucher or use it in any other manner not expressly authorised in writing by Koop.

Koop retains the right to terminate, or amend the validity of, any Voucher which contains an error or which Koop believes is being misused.

It is the responsibility of the Customer to advise Koop on a timely basis of any missing or erroneous Vouchers.

All Vouchers are issued subject to Koop T&Cs.


4. PRIVACY

Koop is committed to protecting Customer privacy. The below Privacy Policies outline how Koop uses the information it collects from Customers who use the Koop Website.

Use of your information
Koop does not lease or knowingly make available Customer personal information to third parties which are not fully or partly owned by Snaffles Ltd, nor does Koop sell such information except where it might constitute part of a business sale.

Personal information provided by Customers through the Website or any corresponding social media sites may be used by Koop, other website businesses also owned by Snaffles Ltd, authorised third party service providers and any changed ownership of Koop or Snaffles Ltd, for the purposes of administering, analysing, troubleshooting and improving the Website, processing sales transactions and associated Customer interaction including but not limited to: contacting Customers, account queries, shipping, personalising Customer experiences, promotional emails (where a Customer is not unsubscribed), competitions and all associated promotional matters such as displaying a Customer's full name, general location, prize/s won, competition results and any other competition-related information.

Koop will release Customers' account and personal information to: enforce our T&Cs; comply with the law; facilitate court proceedings; protect the rights, property and safety of Koop, our users and others; and detect, prevent, or otherwise address fraud, security or technical issues or anything specifically agreed to on this Website including individual competition terms and conditions as may be advised from time to time.

Opting in and opting out
Koop allows a Customer to choose to opt in or opt out of certain services and communications - for example; Koop promotional emails contain a link to 'unsubscribe' from our mailing list. Similarly, if a Customer wants to remove his or her account for any reason, a Customer can contact Koop requesting such removal. Opportunity to opt in and out of Koop's social media site/s is normally provided by the social media site itself.

Cookies
Cookies are small files stored in a browser-related file on a Customer's computer hard drive when a Customer uses the Website. Cookies do not provide Koop with any personally identifiable information. Koop will use cookies to remember a Customer and facilitate access to preferences for future visits. A Customer is permitted to disable cookies at any time - normally by disabling and removing them from their own computer.

Third party websites & partners
Koop is not responsible for the privacy content or practices of its advertisers or other third party business partners. The Website may contain links to other sites (eg: advertising banners). Customers should check the privacy policies of such other sites before providing them or any other third party with personally identifiable information.

Credit Card Security
Koop does not hold credit card numbers, rather, it uses Direct Payment Solutions (DPS) to externally manage Credit Card security and process all transactions - click here to review DPS's Privacy Policy.

Customer credit card details when entered and processed are directly transmitted to the DPS secure facility - who are responsible for all transaction sessions and any encryption during storage and processing.

Customer Feedback
Where any Koop or Koop media feature allows Customers to post comments or questions relating to Koop, we reserve the right to remove or edit any unhelpful, offensive, harmful, or inappropriate comments at our discretion. Koop may from time to time keep an eye on the comments area to help with any questions you may have. 


5. ACCOUNTS

To purchase from Koop; Customer needs to proceed through the checkout process (or sign-up to become a Registered Customer to simplify repeat purchasing, which also allows Customer to become eligible for certain exclusive promos).

When a Customer registers an account or buys Goods from Koop, the Customer will need to provide personal information (including but not limited to: full name, delivery address, valid email address and phone number). Customer agrees to provide such information as complete, current and accurate.

Customer may not use another Customer's details or account without their permission on each such occasion.

Registered Customer must keep their account password secure and they are solely responsible for all activity that occurs under their own Customer account.

Customer must notify Koop if Customer suspects or is aware of any unauthorised use on their account.

Koop at its sole discretion reserves the right to decline or terminate any Customer account at any time and without further discussions with Customer for reasons including but not limited to: serious or multiple complaints about Customer, breaching Koop T&Cs, impersonating another Customer, unacceptable behaviour, registering under multiple aliases.


6. PRICE, PAYMENT and SUPPLY

Subject to below, Prices are those displayed and confirmed via the Website.

Prices are shown in New Zealand Dollars and are inclusive of Goods and Services Tax ("GST") unless otherwise expressly stated in writing.

Prices are current at time of display but are subject to change without notice.

Orders placed by Customer are offers to purchase particular Goods pursuant to the T&Cs at the Price specified with delivery and other relevant charges separately shown.

Koop provides all Prices on an “errors and omissions excepted” basis (E&OE) and Koop may adjust or revoke Prices where any such E&OE is discovered (whether clerical, computational or otherwise) on the Website or in any advertising, quotation, invoice or acknowledgement whatsoever. 

Koop reserves the right to accept or reject Customer offer/s for any reason including, but not limited to: Goods unavailability, error in Goods description or Price, Customer ordering error and Website malfunction. Where Koop cancels an undelivered order that has been paid for, Koop shall refund to the Customer the corresponding Price such Customer paid.

Goods can be purchased from the Website using Visa, MasterCard and Debit cards only. All transactions are encrypted using SSL (Secure Sockets Layer) technology to increase protection of sensitive details.

If payment by Customer is not received in full or declined by the Customer's bank or credit card issuer, Koop will not hold Goods for a Customer unless agreed in writing.

Alternatively, Goods may be purchased through PartPay – allowing normal delivery and payment spread over interest free installments. Read more about PartPay - click here.

Subject to these T&Cs, Koop will endeavour to supply Customer with the ordered Goods within any stated timeframes for dispatch and delivery, however, many factors can affect such timeframes and Koop cannot guarantee that they will always be met.

All purchases will be dispatched via courier unless a Customer selects the 'Click and Collect' option, or Koop agrees in writing to some other special arrangement.


7. LEGAL and AGREEMENT

By visiting and/or using the Website, Customer agrees to be bound by these T&Cs and acknowledges they are entering into a legal contract with Koop to that effect.

At any time without notice to the Customer, these T&Cs may be amended and the updated version will be posted on the Website without delay. From such point, Website activity will be governed by such new T&Cs. It shall be a Customer responsibility to check and remain familiar with the content of the latest T&Cs.

Customer agrees not to use this Website inappropriately or unreasonably - this includes, but is not limited to; sending spam or abusive e-mails, interfering with anyone's legal rights, publishing offensive, unlawful or actionable material, collecting information about others, creating a false identity, transmitting or uploading any material which breaches Koop and/or any third party's rights or any applicable laws.

The Website is intended for use by persons 18 years or older. By using the Website, Customer represents and warrants that Customer is at least 18 years old and of legal age and ability to form a binding contract. If Customer is under 18 (a "Minor") Customer may use the Website only with permission and involvement of a parent or guardian.

Should Koop suffer any loss or damage as a result of purchasing conducted by a Minor, Koop reserves the right to take legal action and seek compensation for such losses from the parents or guardians of such Minor where they were reasonably aware of such purchasing.

Customer agrees to meet any costs Koop reasonably incurs in protecting itself against any legal action incurred howsoever directly or indirectly by a Customer, the outcome of which is decided in favour of Koop.

In the event that Koop or any part of its business is subject to any merger, sale or change in control, Koop reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content, rights and agreements that Koop has collected from or entered into with Customers.

Koop’s aim is to provide a positive experience for all Customers. However, Koop reserves the right to change the Website at any time. Koop does not guarantee Website access at all times nor does Koop guarantee availability in the same way or with the same equipment or software the Customer used prior to any change.

Koop may stop (temporarily or permanently) providing access to the Website at its discretion and without prior notice.

Linked Websites
The Website may include links to other third party websites for advertising purposes or otherwise. This does not imply any responsibility for or endorsement, approval or recommendation of the operators, contents and Goods shown on those websites. Koop accepts no responsibility for material contained in, or damage or harm from, Customer use of such websites or any information shown on them.

Force Majeure
Koop shall not be liable to Customer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the Goods, or other failure to perform where such delay or failure is outside Koop’s reasonable control.


8. RISK

Koop retains ownership of Goods until payment is received in full and delivery is made to Customer. Customer assumes full responsibility and risk for the Goods (excluding any warranty aspect) once such Goods are delivered to the Customer's specified address. Confirmation of delivery shall be through Koop's Courier Company.

Koop shall not be liable for Customer consequential loss whatsoever or howsoever relating to Goods and in particular for reasons including but not limited to: non or late delivery, faulty or poor merchantable quality, warranty issues, unfit for purpose and disputes.

Customer understands and acknowledges that it is his responsibility to arrange backups and safeguards against computer viruses etc in respect of whatever information or software is considered important to Customer that may for any reason whatsoever or howsoever be lost to Customer as a result of Customer directly or indirectly using the Website. Customer shall not hold Koop liable for any direct or consequential loss or damage in respect of such Customer loss and damage or any other media storage impairment.

If Customer returns media Goods to Koop for any reason including but not limited to replacement or repair, whether separately or as a part of a larger electronic or computing product; Koop will not be responsible for the loss or impairment of any software or stored data on such media.


9. INTELLECTUAL PROPERTY

All intellectual property rights in the Website (including but not limited to copyright in all: text, graphics, logos, software, icons, business names, trademarks, domain names, marketing materials other distinctive brand features and services provided to and paid for by Koop) are owned by or licensed to Koop and Customer agrees not to copy, adapt, store, distribute or reproduce any part of the Website without Koop’s prior written approval.

Nothing in these T&Cs gives Customer or anyone else a right to use any Koop intellectual property rights without the prior written approval of Koop.

Customer agrees not to copy, alter, decompile, disassemble, reverse engineer or otherwise tamper with the Website or any code or other material contained in the Website. Customer may not upload or copy any material from Koop Website or business unless Koop has given prior written rights or consent to do so.

Third party Supplier brand features (eg: Trademarks and logos) used on the Website remain the intellectual property of the third party.


10. DISCLAIMER

From time to time it may be necessary to suspend access to the Website without notice in any situation but especially when maintenance or repair is undertaken. Any system malfunctions or circumstances outside of the control of Koop may also lead to the interim unavailability of the Website.

Information about Goods shown on the Website may be based on material provided by Suppliers. Customer understands and agrees that Koop cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Koop by Suppliers and/or Suppliers changing product specifications without adequate notice to Koop.

Koop displays products and describes their characteristics only in a general way and the Customer agrees that where any characteristic or performance specification shown or not shown is reasonably important to Customer, such Customer shall be responsible for making their own independent enquiries regarding Goods suitability and fit for purpose.

Koop does not warrant the merchantable quality of any Goods advertised on linked web sites not directly owned by Snaffles Ltd and shall have no responsibility whatsoever in connection with Customer's dealings with any such websites.

To the extent allowable under New Zealand law, Koop shall not be held responsible for any: personal injury, property damage or computer issues of any nature resulting from access to and use of the Website; defamatory, harmful, offensive or unlawful conduct of any Customer of the Website; any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through Koop Website by Koop or any third party; harm whatsoever from any links to Customer, other third party and/or Supplier websites; other direct or consequential loss or damages of any sort arising through the use of the Website or any material (including but not limited to errors, mistakes and inaccuracies) shown on the Website; Customer acting or failing to act, on any information contained on or referred to within the Website and/or any linked website; any unauthorised access to or use of Koop secure servers and/or personal information and/or financial information stored on such servers.

Customer shall at all times indemnify Koop and its directors, officers, employees and agents against any loss or liability whatsoever (including but not limited to, reasonable legal costs and expenses) incurred or suffered by Customer or Koop arising from any claim against Koop or Customer by any person or entity where such loss or liability arose directly or indirectly out of a breach of these T&Cs by Customer.


11. CUSTOMER WARRANTIES:

Customer warrants that it shall not:

Act in a way that disrupts the Website or any servers and networks that host the Website;

Attempt to circumvent, disable or otherwise interfere with; security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein;

Use, copy, distribute or commercialise Website content except as permitted by these T&Cs, legislation, or Koop’s prior written consent;

Prevent any suspected fraudulent, abusive or illegal activity being referred to appropriate law enforcement authorities.


12. GENERAL

Hours of work: While Koop’s normal office hours are 9.00 am to 4.00 pm Monday to Friday excluding Statutory Holidays and all Customer enquiries and packaging will be undertaken during these hours, Customers can place orders for Goods outside of these hours through the Koop Website.

Details: Postal; PO Box 38-321, Wellington Mail Centre, Lower Hutt 5045, New Zealand. Physical; 101 Nelson Street, Petone, Lower Hutt. Email; contact@koop.co.nz . Phone; (04) 891-0540.

Headings and emphasis: Headings and emphasis are used only for the purpose of clarity and do not alter the meaning or form part, of any of these T&Cs.

Plural words: Any plural words shall include reference to the singular form and vice versa as the context requires.

Gender: Any reference to one gender shall include reference to all genders.

Interpretation: These T&Cs shall be interpreted in accordance with New Zealand law.

Legislation: If any part of these T&Cs is found in law to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these T&Cs and the severed part will not affect the validity or enforceability of any remaining provisions.

Waiver: If Koop does not exercise or enforce any right or provision under these T&Cs, it will not constitute a waiver of such right or provision. Any waiver of any provision under these T&Cs will only be effective if it is in writing and signed by a Director of Snaffles Limited – which waiver Snaffles Limited may in writing rescind at any time without notice.