1 Terms & Conditions
1.1 These Terms and conditions, which incorporate our Privacy Policy, govern the supply of any Goods ordered by you on the Website and your use of the Website. By browsing, accessing, using the Website or ordering our Goods, you agree (or you are deemed to acknowledge and agree) to be legally bound by these terms and conditions.
2 Access and Use of the Website
2.1 You must only use the Website in accordance with these terms and conditions and any applicable law.
2.2 You must not misuse the Website, including by:
2.2.1 committing or encouraging any criminal office;
2.2.2 interfering with or disrupting the Website or servers or networks that host the Website;
2.2.3 using any data gathering and extraction tools on the Website; or
2.2.4 interring with security-related or other feature of the Website.
2.3 To access some features of the Website, such as Kidcobra’s loyalty programme, you must register an account with Kidcobra. In order to place an order on the Website or create an account you must:
2.3.1 be over 18 years of age;
2.3.2 provide Kidcobra with accurate and current personal information, including your name, address and a valid email address; and
2.3.3 not register more than one account.
2.4 You are solely responsible for the activity that occurs on your account and you must keep your account password secured. Kidcobra is not responsible for any unauthorised activity on your account, including if you fail to keep your account login and password secure. If you suspect or become aware of any unauthorised use of your account or that your password is unsecure, please contact orders@jamiekay.co.nz immediately and take steps to re-secure your account.
2.5 Kidcobra does not warrant that the Website will be available at all times and without disruption and Kidcobra provides no warranties in relation to the content of any other website linked to or from the Website.
2.6 You must not link to the Website or any part of the Website in a way that damages or takes advantage of Kidcobra’s reputation, including but not limited to:
2.6.1 in a way that suggests or implies that you have any kind of association and affiliation with Kidcobra, or approval and endorsement from Kidcobra when there is none; or
2.6.2 in a way that is illegal or unfair.
3 Information on the Website
3.1 All Intellectual Property rights and interests owned or used by Kidcobra in connection with its business, including the Website and content on the Website, belong to or are licensed to Kidcobra and nothing in these terms and conditions transfers ownership of the Intellectual Property to you. You may not use any of the Intellectual Property without the written permission of Kidcobra.
3.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, except as permitted by law or with Kidcobra’s prior written consent.
3.3 Information about Goods on the Website is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law, Kidcobra is not responsible for inaccuracies or errors caused by incorrect information supplied to it or by such third parties.
3.4 Due to photographic and screen limitations associated with the representation of Goods, some actual Goods may slight differ in visual appearance from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of Goods are created or chosen by Kidcobra for promotional purposes, and may not be an exact representation of the Goods received.
4 Orders
4.1 When placing an order, you must follow the instructions on the Website.
4.2 After you place an order, you will receive an order confirmation email from Kidcobra. This email will only be an acknowledgement that Kidcobra has received your order and will not constitute acceptance of your order. An agreement between you and Kidcobra will not be formed until you receive a shipment confirmation email from Kidcobra. Kidcobra is not obliged to supply the Goods to you until it has accepted your order. Kidcobra may in its discretion refuse to accept an order from you for any reason, including but not limited to:
4.2.1 unavailability of stock;
4.2.2 Kidcobra suspects you might on-sell the Goods to other consumers;
4.2.3 Kidcobra suspects your order if fraudulent, or suspect credit card or payment related fraud;
4.2.4 there has been an error in the imagery, price or product description on the Website;
4.2.5 there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion; or
4.2.6 Kidcobra do not deliver to your location.
4.3 If Kidcobra has cancelled your order before it has been accepted, it will promptly refund any payment already made by you to your original payment method. Refunds may be subject to bank fees, card fees and/or exchange rate costs. Kidcobra will not be liable for any such bank fees, card fees or exchange rate costs in relation to the refund.
4.4 Kidcobra may refuse to accept or cancel any order or delivery of Goods at any time by giving written notice to you. Kidcobra shall not be liable for any loss or damage whatever arising from such cancellation.
5 Price and Payment
5.1 Once you select a Good that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told the price you must pay that price (including whether such price is inclusive of GST or other taxes), any Delivery Fees and any other charges.
5.2 Unless otherwise stated all charges are in New Zealand dollars.
5.3 You must pay for the order in full at the time of ordering by one of the payment methods Kidcobra accept on the Website (including, but not limited to, by Mastercard, Visa, American Express, Laybuy, Afterpay, Sezzle PayPal, Reach store credit or gift card). You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. Kidcobra is not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. Kidcobra will not be liable for any bank fees, card fees or exchange rate costs in relation to the purchase.
6 Gift Cards
6.1 You may use Kidcobra gift cards as payment for certain Goods on the Website. Gift cards are non-transferrable, non-replaceable, non-refundable and cannot be redeemed for cash or credited to any bank account.
6.2 Remaining balances on a gift card can be used for future purchases before the expiry date of the gift card. Unless otherwise stated, the gift card will expire 12 months after its date of purchase.
6.3 You are responsible for the use and safety of your gift card. Kidcobra has no liability for the loss, theft or, to the extent permitted by law, illegibility of gift cards, including if a gift card is used without your permission or if your email is hacked or subject to unauthorised used.
6.4 Kidcobra may block gift cards if notified by law enforcement that gift cards have been fraudulently obtained.
7 Promotion and Voucher Codes
7.1 You may use promotion and voucher codes for certain Goods on the Website. Promotion and voucher codes are only valid for the specified period stated on them and can only be remedied in accordance with the terms of the promotion and/or voucher codes.
7.2 Promotion and voucher codes cannot be redeemed for cash or credited to any bank account.
7.3 Only one promotion and/or voucher code may be used per order. Unless otherwise stated, promotion and/or voucher codes cannot be used in addition to another promotion and/or voucher code.
7.4 Promotion and voucher codes do not apply to Delivery Fees and may not apply to certain Goods.
7.5 Where you return a Good purchased with a promotion and/or voucher code, Kidcobra will only refund, by way of store credit, the final price you paid for that Good.
7.6 Kidcobra reserves the right to deactivate promotion and voucher codes or block any person that is not using a promotion and voucher code in accordance with these terms and conditions or the terms of the promotion and/or voucher code.
8 Ownership of Goods
8.1 Ownership of the Goods shall pass to you upon payment in full of the price for the Goods and of any other amounts owing by you to Kidcobra.
9 Shipping and risk
9.1 Kidcobra will aim to deliver Goods ordered by you at the place of delivery requested by you within the time indicated by it at the time of your order, but Kidcobra cannot absolutely guarantee delivery dates or times. Delivery times on the Website are inductive only.
9.2 To the extent permitted by law, Kidcobra will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
9.3 Kidcobra will aim to deliver the Goods you have ordered to the address advised by you at the time of purchase. You may be able to rearrange delivery options with Kidcobra’s delivery partners.
9.4 If delivery or collection is delayed through your unreasonable refusal to accept or if you do not, within 14 days of the first attempt to deliver Goods to you, accept delivery or collect the Goods from Kidcobra’s delivery partners, then Kidcobra may:
9.4.1 charge you for Kidcobra’s reasonable fees and other costs reasonably incurred by Kidcobra in attempting to deliver the Goods to you; or
9.4.2 terminate the Contract and no longer have any obligation to complete delivery of the Goods.
9.5 While the delivery services and partners utilised by Kidcobra may include insurance for the Goods during transit, Kidcobra makes no representations and gives no warranties in respect to such insurance and you will be responsible for obtaining any specific insurance you require in respect of the Goods during transit. Risk in respect of the Goods shall pass to you when the Goods are delivered to the carrier.
9.6 All export and import documentation, licences, duties, taxes or other obligations or costs (including Delivery Fees) relating to the delivery of the Goods shall be your responsibility.
10 Return Goods
10.1 Kidcobra will uphold all of your rights as a consumer and will provide all remedies required under New Zealand consumer laws, including the Consumer Guarantees Act 1993 (CGA).
10.2 All claims for damaged Goods or adjustment for incorrect delivery must be advised in writing to Kidcobra by emailing orders@jamiekay.co.nz and must be supported by an invoice number. If no complaint is received within 21 days, then you shall be deemed to have accepted that the Goods were correctly delivered and charged. This excludes faulty goods, or goods which are otherwise capable of rejection under New Zealand consumer laws and/or any applicable legislation for which you must contact us within a reasonable period of time.
10.3 All Goods accepted by Kidcobra for return, or Goods which you wish to reject or return in accordance with New Zealand consumer laws and/or any applicable legislation, must be delivered by tracked courier and are subject to Kidcobra’s inspection upon receipt. Except for Goods which are returned or rejected in accordance with New Zealand consumer laws and/or any applicable legislation, Goods must be returned in original condition and packing. Kidcobra will be responsible for courier costs where a Good has been damaged and such damage has been inspected and accepted for return by Kidcobra, or is otherwise identified as faulty under the CGA or capable of rejection under New Zealand consumer laws and/or any applicable legislation. You will be responsible for courier costs in all other circumstances, including where a Good is not accepted by Kidcobra for return.
10.4 No Goods will be accepted for return without the prior written consent of Kidcobra and only on such terms and conditions as Kidcobra may agree, provided however that Kidcobra will, at its discretion, replace a Good (if there is a replacement Good in stock) or refund a Good if it is deemed, in the opinion of Kidcobra, to be faulty or otherwise capable of rejection under New Zealand consumer laws and/or any applicable legislation.
10.5 All Goods accepted by Kidcobra for return will be eligible for store credit only, unless otherwise agreed in writing by Kidcobra, or unless identified as faulty under the CGA or otherwise capable of rejection under New Zealand consumer laws and/or any applicable legislation.
10.6 Unless identified as faulty under the CGA or otherwise capable of rejection under New Zealand consumer laws and/or any applicable legislation, Kidcobra does not accept any return of:
10.6.1 discounted, sale, clearance and/or promotional Goods;
10.6.2 underwear, swimwear, socks and tights, hair accessories, including hair bows and ties;
10.6.3 Goods that have been damaged, worn, washed or used (including without original labels intact); or
10.6.4 any unsold Goods.
10.7 For further details on returning Goods, please see our Returns Policy here.
11 Force Majeure
11.1 Kidcobra will not be liable for any failure to perform or delay in performance of its obligations under these terms and conditions caused by a Force Majeure beyond its reasonable control.
12 Liability
12.1 To the maximum extent permitted by law, Kidcobra will not be liable:
12.1.1 accuracy, completeness, fitness for purpose or legality of any information accessed using the Website;
12.1.2 where you have altered or modified the Goods, misapplied the Goods, not followed Kidcobra’s instructions in respect to the Goods or have subjected them to unusual or non-recommended use or handling;
12.1.3 for defects in any Goods manufactured or supplied by any third party;
12.1.4 for loss or damages caused wholly or partly by any factors beyond Kidcobra’s control, including, without limitation, any loss resulting from a delay in production or supply of the Goods;
12.1.5 for any indirect or consequential loss of any kind; or
12.1.6 where the terms of any written warranty have not been complied with.
12.2 In relation to any non-Kidcobra branded Goods, Kidcobra is facilitating the sale of such Goods as agent only (and is not the supplier of such Goods) and, to the maximum extent permitted by law, excludes all liability arising out of any claim for loss or damages, however arising, in relation to such Goods.
12.3 Without limiting the clauses above, Kidcobra’s total liability arising out of any claim for loss or damages, however arising, shall not exceed the value of the Goods which are the subject of the claim and in no circumstances will Kidcobra be liable where notice of a claim is not provided within 10 working days of delivery of the Goods.
12.4 Kidcobra does not in any way exclude or limit its liability under the Consumer Guarantees Act 1993 (New Zealand) or any equivalent legislation outside of New Zealand.
13 Indemnity
13.1 You agree to indemnify and hold Kidcobra (and its officers, directors, agents, subsidiaries, joint ventures, employees, suppliers and third party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable legal fees, arising out of your breach of these terms and conditions or your violation of any law or the rights of a third party.
14 Amendments
14.1 These terms and conditions may be amended or replaced from time to time by Kidcobra. Any order placed after such amendment is made and placed on the Website will represent an agreement by you to be bound by the amended terms and conditions.
15 Termination
15.1 Kidcobra may terminate these terms and conditions with immediate effect by giving written notice to you if:
15.1.1 you breached these terms and conditions;
15.1.2 being an individual, you are made bankrupt; or
15.1.3 being a company, you are placed in liquidation or receivership.
15.2 Kidcobra may terminate this agreement for convenience by giving you at least 10 working days’ notice.
15.3 On termination Kidcobra shall have the right to deal with the Goods at its absolute discretion.
16 Disputes
16.1 In the event of any dispute under these terms and conditions, you and Kidcobra agree to negotiate in good faith in order to resolve the dispute. In the first instance, any dispute should be notified to and lodged with Kidcobra’s customer service team.
17 Governing law
17.1 These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand. The Courts of New Zealand have exclusive jurisdiction to hear and determine any matter, which may arise out of or in connection with these terms and conditions.
18 Severability
18.1 Each clause in these terms and conditions is severable and if any clause is held to be illegal or unenforceable then the remaining clauses will remain in full force and effect.
19 Interpretation
“Delivery Fees” means any fees associated with delivery of the Goods to you at the place of delivery.
“Force Majeure” means any of the following events or occurrences and the effects thereof: fire, storm, flood, earthquake, landslide, explosion, accident, act of a public enemy, war, rebellion, insurrection, riot, civil commotion, sabotage, epidemic, quarantine restrictions, labour disputes, transportation embargoes or delays, national or international oil or fuel shortage, acts of God, acts of government or any agency or judicial action.
“Goods” or “Good” means any goods displayed on the Website and supplied by Kidcobra from time to time, including (but not limited to) homeware, clothing and jewellery.
“GST” means Goods and Services Tax.
“Intellectual Property” means the content and design of all products and branding, including without limitation, trademarks, copyrights, registered designs, symbols and logos.
“Kidcobra” means Kidcobra Limited (Company Number 6343390) trading as “Kidcobra”.
“Website” means www.jamiekay.co.nz and/or www.jamiekay.com or such other website as notified by Kidcobra from time to time.
“You” means the account holder or user who places the order for Goods subject to these terms and conditions.
20 Competitions
Where competitions are run by Kidcobra, they are subject to the following terms:
20.1 Entry dates and eligibility conditions for competitions may change without prior notice
20.2 Kidcobra employees and their immediate families are ineligible to enter competitions run by Kidcobra
20.3 Judges decisions are final, and no correspondence will be entered into
20.4 Kidcobra will make reasonable attempts to contact all winners via email and/or social media. If winners cannot be contacted after multiple attempts, Kidcobra reserves the right to redraw the competition
20.5 Prizes cannot be exchanged for cash
20.6 We run a monthly competition to win 1 x $250 Kidcobra voucher. To be eligible, customers must have signed up to marketing communications within the prior thirty (30) days, and have not been already signed up. The monthly winner will be contacted directly via email.
