Terms & Conditions
Introduction
These Terms and Conditions, along with our Privacy Policy, govern the sale of any Goods you order through our Website and your use of the Website. By accessing, using, or placing an order on the Website, you hereby agree to be legally bound by these Terms and Conditions.
Access and Use of the Website
You must utilize the Website solely in accordance with these Terms and Conditions and applicable laws.
You are prohibited from misusing the Website, which includes, but is not limited to:
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Engaging in or promoting any criminal activities;
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Disrupting or interfering with the Website or the servers and networks that support it;
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Utilizing data-gathering tools on the Website;
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Tampering with security features or any other aspect of the Website.
To access certain features, including loyalty programs when applicable, you are required to create an account. In doing so, you must:
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Be at least 18 years of age;
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Provide accurate and current personal information, including your name, address, and valid email address; and
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Create only one account.
You shall bear sole responsibility for all activities conducted on your account and must maintain the confidentiality of your password. Jaca shall not be liable for any unauthorized actions taken on your account, including failures to secure your login information. If you suspect any unauthorized use of your account or that your password has been compromised, you must contact info@jaca.shop immediately.
Jaca does not guarantee the uninterrupted availability of the Website and makes no warranties regarding the content of external websites linked to or from the Website.
You must not link to the Website or any of its sections in a manner that could damage or exploit Jaca’s reputation, including:
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Implying any association or endorsement by Jaca where none exists;
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Engaging in illegal or unfair practices.
Information on the Website
All Intellectual Property rights associated with Jaca’s business, including the Website and its content, are owned by or licensed to Jaca. Nothing within these Terms shall transfer ownership of the Intellectual Property to you. You may not utilize any of the Intellectual Property without prior written consent from Jaca.
You are prohibited from reproducing, transmitting, adapting, distributing, selling, modifying, or publishing any material from the Website, except as permitted by law or with prior written consent from Jaca.
Information regarding Goods on the Website is based on data supplied by third-party suppliers and manufacturers. Except as mandated by law, Jaca shall not be held liable for inaccuracies or errors arising from incorrect information provided by these third parties.
Due to limitations in photography and screen displays, actual Goods may exhibit slight variations in appearance from their representations on the Website. Some images may be generated or selected for promotional purposes and may not accurately depict the actual Goods received.
Orders
When placing an order, you must adhere to the instructions provided on the Website.
Following the placement of an order, you will receive a confirmation email acknowledging receipt. This email does not signify acceptance of your order. A contract between you and Jaca shall only be formed upon your receipt of a shipment confirmation email. Jaca is not obliged to provide Goods until your order has been accepted.
Jaca reserves the right to refuse acceptance of an order for various reasons, including but not limited to:
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Unavailability of stock;
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Suspicions of reselling the Goods;
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Fraud or suspected fraudulent activity;
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Errors in images, pricing, or descriptions on the Website;
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Incorrectly listed promotional items; or
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Inability to deliver to your specified location.
Should Jaca cancel your order prior to acceptance, any payment made will be promptly refunded to your original payment method. Refunds may incur bank fees, card fees, or exchange rate costs, which Jaca shall not cover.
Jaca retains the right to refuse to accept or cancel any order or delivery by providing written notice. Jaca shall not be liable for any loss or damage arising from such cancellations.
Price and Payment
Upon selecting a Good for order, the displayed price (inclusive of applicable taxes) will be shown, along with any Delivery Fees and additional charges.
All charges are presented in New Zealand dollars unless stated otherwise.
Payment for your order must be made in full at the time of ordering through one of the accepted payment methods on the Website. You must possess the right to utilize the payment method and ensure it has sufficient funds to cover the purchase. Jaca shall not be responsible for decisions made by payment providers or related fees.
Promotion and Voucher Codes
Promotion and voucher codes may be applied to certain Goods. They are only valid during specified periods and can only be redeemed in accordance with the promotion terms.
Codes may not be exchanged for cash or credited to any account.
Only one code may be used per order, and codes may not be combined with other offers.
Promotion and voucher codes do not apply to Delivery Fees and may exclude certain Goods.
In the case of returns for items purchased with a code, refunds will be issued as store credit for the final price paid.
Jaca reserves the right to deactivate codes or block individuals who misuse them.
Ownership of Goods
Ownership of the Goods shall transfer to you upon full payment.
Shipping and Risk
Jaca endeavours to deliver Goods to your specified address within the estimated timeframe; however, it does not guarantee delivery dates or times.
To the extent permitted by law, Jaca shall not be liable for any losses or expenses resulting from delayed deliveries.
Delivery options may be adjusted through Jaca’s delivery partners.
In the event of delivery being delayed due to your refusal to accept or failure to collect within 14 days, Jaca may charge you for incurred costs or terminate the contract.
While delivery services may include insurance, Jaca makes no representations regarding such insurance, and you shall be responsible for obtaining any necessary coverage during transit.
You are responsible for all export/import documentation and costs related to the delivery of Goods.
Return of Goods
Jaca shall uphold your rights as a consumer under New Zealand laws, including the Consumer Guarantees Act 1993 (CGA).
Claims for damaged Goods or incorrect deliveries must be made in writing to info@jaca.shop, accompanied by the invoice number. Failure to notify within 14 days implies acceptance of delivery. Exceptions apply for faulty Goods.
Goods accepted for return must be sent via tracked courier and are subject to inspection upon receipt. Goods must be returned in their original condition, except in cases where Jaca accepts returns for faulty items.
Returns require prior written consent from Jaca and may only occur under mutually agreed terms.
Accepted returns will be eligible for store credit unless otherwise agreed or identified as faulty.
Returns are not accepted for:
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Discounted or promotional Goods;
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Damaged, worn, or used Goods; or
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Unsold Goods.
Further details regarding returns can be found in our Returns Policy.
Force Majeure
Jaca shall not be liable for any failure or delay in fulfilling obligations due to circumstances beyond its control.
Liability
To the maximum extent permitted by law, Jaca shall not be liable for:
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The accuracy or legality of any information accessed on the Website;
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Alterations, misuse, or non-compliance with instructions regarding Goods;
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Defects in Goods manufactured by third parties;
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Losses resulting from factors beyond Jaca’s control;
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Indirect or consequential losses; or
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Non-compliance with relevant laws.
Indemnity
You agree to indemnify and hold Jaca (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.
Amendments
These Terms and Conditions may be amended or replaced from time to time by Jaca. Any order placed after such amendment on the Website will represent an agreement by you to be bound by the amended Terms and Conditions.
Termination
Jaca may terminate these Terms and Conditions with immediate effect by giving written notice to you if:
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You breach these Terms and Conditions;
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Being an individual, you are made bankrupt; or
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Being a company, you are placed in liquidation or receivership.
Jaca may terminate this agreement for convenience by giving you at least 10 working days’ notice.
Upon termination, Jaca shall have the right to deal with the Goods at its absolute discretion.
Disputes
In the event of any dispute under these Terms and Conditions, you and Jaca agree to negotiate in good faith to resolve the dispute. In the first instance, any dispute should be notified to and lodged with Jaca’s customer service team.
Governing Law
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.
Severability
Each clause in these Terms and Conditions is severable, and if any clause is held to be illegal or unenforceable, the remaining clauses will remain in full force and effect.
Interpretation
“Delivery Fees” means any fees associated with the 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, labor 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 Jaca from time to time, including (but not limited to) socks.
“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.
“Jaca” means Shalom Jaca Limited (Company Number 8775823 ) trading as “Jaca”.
“Website” means www.jaca.shop or such other website as notified by Jaca time to time.
“You” means the account holder or user who places the order for Goods subject to these Terms and Conditions.