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1. General & Disclaimer
1.1. In these Terms & Conditions (“T&Cs”), “We”, “Us”, “Our”, “Vans”, “Vans New Zealand” or “Vans.co.nz” means Accent Group Limited trading as Vans New Zealand (NZBN 9429031992886), its subsidiaries and associates (unless otherwise stated).
1.2. This website, and our online store (our “Website”), is a channel for customers to place orders for products we have available for purchase.
1.3. We will not be liable if, for any reason, the Website is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.
1.4. While the information contained in the Website is believed to be accurate and current, it is provided by Vans New Zealand in good faith on an "as is" basis. Vans New Zealand, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Website.
1.5. You may have rights under New Zealand Consumer Law, and these T&C’s do not exclude any rights you have under New Zealand Consumer Law, or any applicable state/territory legislation.
1.6. To the extent (if any) that the content of the website does not satisfy the laws of a country other than New Zealand, it is not directed to persons in those countries and they should not use the website.
2. Acceptance
2.1. Vans New Zealand website and online store (collectively, our “Website”) is owned and operated by Accent Group Limited trading as Vans New Zealand (NZBN 9429031992886)
2.2. Access and use of the Vans New Zealand website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out herein (our “T&Cs”).You should read them thoroughly before using our website and online store, or any goods and services provided through our website (collectively, our “Services”). Your use of the Vans New Zealand website constitutes your agreement to the T&Cs.
2.3. Vans New Zealand reserves the right to amend the T&Cs at any time and without notice to you. Vans New Zealand may change the T&Cs from time to time, and your continued use of the Vans New Zealand Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. We will always publish a link to our current T&Cs from the website homepage at Vans.co.nz
2.4. These Terms & Conditions shall be governed by and construed in accordance with the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
3. Capacity
3.1. The Products available on the Website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
4. Orders, Pricing & Availability
4.1. Prices displayed within this Website are shown in New Zealand dollars (NZD) and include GST where applicable. Pricing on a product detail webpage may not include delivery charges (if applicable). Please read the Shipping & Returns details contained within this website for more information regarding delivery charges.
4.2. Any Order placed by You in the manner described in this website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified in this Website at the time you place your order on these Terms & Conditions.
4.3. Vans New Zealand reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
4.5. Prices of products and services, as well as delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All pricing on our website is available online only, and is not transferable in-store, or vice versa, on occasion where pricing differs between the two.
4.6. Prices displayed on this website are inclusive of GST applied at the rate of 15%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website.
5. Payment
5.1. Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.
5.2. We accept payment via Visa, Mastercard, American Express (AMEX), PayPal and Vans New Zealand Gift Cards and Vouchers. You must comply with the applicable T&Cs of these providers.
5.3. To use a Gift Card online, please ensure you have a valid Gift Card.
6. Fraud Protection
6.1. Vans New Zealand carries out activity to protect you, and our interests, from fraudulent orders and payments. A representative from Vans New Zealand may contact you directly as part of this protection process.
6.2. If Vans New Zealand determines an order is potentially fraudulent, we will not dispatch goods until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.
6.3. If you believe you have been a victim of a fraud, please contact our Fraud Protection Officer in writing by submitting a request via our website contact form available here. Please ensure the subject line of your request is “ATTN: Fraud Protection Officer” so we can prioritise and escalate appropriately.
7. Refunds
7.1. Please read the Refunds & Returns Policy contained within this website for refund details. Our Refunds & Returns Policy outlines the circumstances that a refund will be available to you.
8. Delivery
8.1. Please read the Delivery Information contained within this website.
8.2. Delivery times are indicative only, and Vans New Zealand will not be liable for any failure to observe these delivery times.
9. Risk and Title
9.1. Vans New Zealand will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.
9.2. You should consider whether you need to obtain any suitable insurance.
10. E-Newsletter Sign-Up
10.1. Subscribing to Vans New Zealand e-newsletter is not compulsory, and you can unsubscribe at any time.
10.2. We will never sell or share your information with third parties.
10.3. We will always handle your data in line with our Privacy Policy. Please read the Privacy Policy contained within this website. Our Privacy Policy sets out what information we collect, how we use it and what data we store.
11. Online Account
11.1. Vans New Zealand offers the ability for you to create an Online Vans New Zealand Account.
11.2. You must provide true and factual information when creating an Online Account. You must keep your username and password confidential at all times. Vans New Zealand is entitled to assume that anybody accessing your account using your confidential username and password is you.
11.3. Be aware that others may access your account and private information if you do not sign-out before ending your session with Vans New Zealand. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.
12. Limitation of Liability
12.1. Vans New Zealand will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Vans New Zealand has been advised of the possibility of such damages.
12.2. Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Vans New Zealand for any breach of such term, condition or warranty shall be limited, at the option of Vans New Zealand to any one or more of the following:
If the breach relates to goods:
the replacement of the goods or supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired;
If the breach relates to services:
the supplying of the services again; or
The payment of the cost of having the services supplied again.
13. Privacy
13.1. You may be asked to input information about yourself on this Website. We take your privacy seriously, and your personal information will always be treated in accordance with our Privacy Policy.
13.2. Please read the Privacy Policy contained within this website. Our Privacy Policy sets out what information we collect, how we use it and what data we store.
14. Copyright
14.1. All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, “Our Content”) is the property Vans New Zealand, or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.
14.2. Except as permitted by the Copyright Act 1994 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Vans New Zealand.
15. Third party content, User content and Your content
15.1. At times the Website may contain links to other websites, which are not operated by us (“Linked Sites”). We may also provide embedded content hosted and controlled by third party providers (“Embedded Content”). Vans New Zealand has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility, and is subject to the T&Cs of Linked Sites and Embedded Content.
15.2. Vans New Zealand does not endorse, promote or recommend any the operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.
15.3. At times you may be able to provide, contribute, upload and publish (collectively, “Publish”) your own data, content or materials (“User Content”) to, or through, our Website and associated websites (eg. our Blog, Facebook page, etc). User Content could include text, images, information, or comments, Published via email, comment, blog, enquiry, social media platforms, third-party partnerships and plug-ins, or other means.
15.4. You own any User Content that you Publish on Vans New Zealand Website (“Your Content”). Other users own any User Content they publish to Vans New Zealand Website. Vans New Zealand reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.
15.5. Your content must not include:
Content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements)
Content that reveals private information, such as your or another person’s identity; or sensitive information, including names, email addresses, phone numbers or addresses.
Content that infringes, or could possible infringe, the rights (including intellectual property rights, copyrights and trademarks) of others.
Content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.
15.6. You are personally responsible and liable for Your Content. By uploading and publishing Your Content you acknowledge that it does not contain any confidential information, and may be seen by others.
15.7. You are not entitled to any payment or compensation from Vans New Zealand for our use of Your Content, or any User Content.
15.8. You can request removal of any User Content you Publish at any time by submitting a request via our website contact form available here. Please ensure the subject line of your request is “ATTN: Online Content Manager – User Content”.
15.9. You can report violations of the third-party and user content terms by submitting a request via our website contact form available here. Please ensure the subject line of your request is “ATTN: Online Content Manager – User Content”.
16. Viruses
16.1. Vans New Zealand does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
16.2. Vans New Zealand will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Vans New Zealand it shall be limited to the cost of re-supplying that information.
17. Promotions, Promotional Vouchers and Coupon Codes
17.1. From time to time, Vans may hold promotions such as special offers and discounts in-store or online at our Website. These promotions may be provided across both our in-store and online channels, but may also be limited to in-store or online channels only. Please note that promotions in-store may be different to promotions online. We recommend that customers check the terms of each promotion in order to avoid disappointment.
17.2. On our Website, “Promotional Voucher”, “Gift Voucher” and “Store Credit” are used interchangeably. “Coupon Codes” and “Promo Codes” are also used interchangeably.
17.3. Please note that there is a distinction between a “Gift Voucher” and "Gift Cards/e-Gift Cards". This section only relates to “Gift Vouchers”, not “Gift Cards/e-Gift Cards”
17.4. We accept Promotional Vouchers and Coupon Codes as payment, or partial-payment, for certain or specified purchases online. It is your responsibility to read the specific details about your Promotional Voucher or Coupon Code as provided with your Promotional Voucher or Coupon Code. These additional terms may outline what your Promotional Voucher or Coupon Code can or cannot be used for, whether it has a minimum spend, whether it applies only to a specific product or group of products, whether it is available for a limited time or specified date range, and/or only available to a specific customer group.
17.5. We reserve the right to deny use of the Promotional Voucher or Coupon Code, and/or request an alternative means of payment for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud Vans through the use of a Promotional Voucher or Coupon Code.
17.6. If the credit of a Promotional Voucher is insufficient to complete payment for an order, you can choose another accepted means of payment to cover the short fall. This could include an accepted Credit Card, PayPal, AfterPay or Gift Card where applicable.
17.7. Promotional Voucher and Coupon Code Exclusions:
(a) Unless otherwise specified, Promotional Vouchers and Coupon Codes cannot be used to purchase Gift Cards, Sale/Discount Merchandise and third-party or Non-Merchandised Product (e.g. Event Tickets).
(b) Unless otherwise specified, Promotional Vouchers and Coupon Codes are not available in conjunction with any other offer, including other coupon codes.
Accent Group Limited Vans Sign Up Campaign JAN to JUNE 2020 Terms and Conditions 1. The Promoter of this competition is Accent Group Limited ABN 85 108 096 251, 2/64 Balmain Street, Cremorne, VIC 3121, Australia. Ph: 03 9427 9422. 2. Information on how to enter forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions. 3. Entry is open to all residents of Australia. However, employees and their immediate families of the Promoter and their associated agencies and companies are not eligible to enter. 4. The competition commences on 30th January 2020 at 09:00 (AEDT) and concludes on 30th of June 2020 at 23:59 (AEDT) (Promotional Period). 5. The competition will be advertised on Vans.com.au, retail stores, Vans Australia social media, and via email. 6. To enter the draw, participants must: i. sign up to the Vans Australia email list via the website or sign up form or instore and provide the requested details including (but not limited to) a valid email address and first name and complete the online competition form via Vans.com.au during the Promotional Period; or ii. for existing members can enter by completing the online competition form during the Promotional Period. The competition form link will be sent via email to users subscribed Vans Australia during the Promotional Period; and iii. remain subscribed to the Vans Australia email list at the time of the draw or redraw (if relevant) in accordance with these terms and conditions of entry. iv. Upon submitting the competition form, entrants will be automatically entered in the draw to win the prize. 7. Entry is only open to Australian residents who are 13 years and over. Entrants under the age of 18 must have parent or legal guardian approval to enter. 8. Incomplete entries will be deemed invalid. 9. Any entry that is made on behalf of an Entrant by a third party will be invalid. 10. Anyone found to use multiple accounts to enter will be considered ineligible. 11. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered. 12. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause. 13. Entries must be received by 30th of June at 23:59 (AEDT). The time of entry will be the time the online entry is received by the Promoter’s database. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason. 14. The cost of accessing the promotional website will be dependant on the entrant’s individual Internet Service Provider. 15. There will be (1) winner of the prize as detailed below. 16. No part of the prize is exchangeable, redeemable for cash or any other prize or transferable. 17. Any ancillary costs associated with redeeming the prize are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher. 18. Total prize value is up to AUD$1000 RRP 19. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation. 20. Once prizes have left the Promoter’s premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit. 21. By accepting the prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned throughout the duration of the prize. 22. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with Vans Australia or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use. 23. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize. 24. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize. 25. If the competition winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian on behalf of the winner. 26. Each valid entry will be entered into the prize draw. 27. The prize consists of a $1000 vans voucher to be used online. The voucher is valid for 7 days from receiving the voucher and is only valid on full priced items. The voucher must be used in one transaction and cannot be used to buy multiple pairs of the same shoes. 28. The draw will take place at Accent Group Limited, 2/64 Balmain Street, Cremorne, VIC 3121, Australia at 02:30 pm AEDT on 1st of July 2020, using computerised random selection. The winner will be notified by email and within 2 days of the draw. The winner will also have their details published on the Vans website within 2 days of the draw. 29. The prize will be awarded to the person named in the entry. However, in a dispute, it will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder). 30. Should an entrant’s contact details change during the Promotional Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter. 31. Subject to any direction given under relevant State legislation, an unclaimed prize draw will take place at Accent Group Limited, 2/64 Balmain Street, Cremorne, VIC 3121, Australia at 02:30 pm AEDT 15th July 2020, using computerised random selection. The winner will be notified within 2 days of the draw. The winner will be notified of their prize by email or phone and will have their details published on the Vans Australia website within 2 days of the draw. 32. The Promoter’s decision is final, and the Promoter will not enter into correspondence regarding the competition result. 33. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation. 34. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries. 35. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. 36. The Promoter and its associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available. It is up to Vans Australia’s digression, stock and size availability on what 12 pairs will be awarded to the winner. 37. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation. 38. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (Cth) and Australian Privacy Principles. 39. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding the prize, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity and research purposes, including sending electronic messages or telephoning the entrant. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter. Any request to update, modify or delete the entrant’s details should be directed to the Promoter. 40. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. For purposes of public statements and advertisements the Promoter will only publish the winner’s surname, initial and state. A request to access, update or correct any information should be directed to the Promoter. Authorised under NSW Permit No. APP-0006440782
