Terms & Conditions
1.1 Thank you for visiting www.dowsons.co.nz (our or the “Website”). The Website is operated by Dowsons Shoes Limited (“Dowsons Shoes”). Throughout the site, the terms “we”, “us” and “our” refer to Dowsons Shoes. The terms set out below apply to your use and access of our Website (“Terms”).
1.2 By visiting and using our Website , the person entering the Website as user “you” (together with all individuals accessing the Website on that persons behalf, where that person is an organisation) agrees to be bound by the Terms.
1.3 If you do not agree to all the Terms you should not use our Website.
1.4 We reserve the right to update, change or replace any part of these Terms without notice to you. Amendments will be made immediately when we post the amended Terms on our Website. Your continued use of or access to our Website following the posting of any changes constitutes acceptance of those changes.
1.5 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. PROHIBITED ACTIONS
2.1 You may not:
(a) use our Website in any way that would contravene all applicable laws in your jurisdiction or in New Zealand (including but not limited to copyright laws);
(b) transmit any worms or viruses or any code of a destructive nature;
(c) use a harvesting bot, robot, spider, scraper, or unauthorised automated means to access our Website for any purpose;
(d) use our Website in any way that restricts or inhibits the rights of others to enjoy and use our Website or that is misleading, malicious or discriminatory;
(e) publish or use the Website's brand, branding or logos without our prior written permission;
(f) reproduce, duplicate, copy, sell, resell or exploit any portion of our Website, without express written permission by us.
3. PRODUCTS – PRICE, DESCRIPTION, AVAILABILITY AND SALES
3.1 Certain products or services may be available exclusively online through the Website.
3.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
3.3 At the present time, sales of our products can only be made in New Zealand and Australia.
3.4 We reserve the right, but are not obligated, to limit the sales of our products to or use of our Website by any person, geographic region or jurisdiction. To the extent permitted by New Zealand law, we may exercise this right on a case-by-case basis.
3.5 We will make reasonable endeavours to ensure that the descriptions and prices for the products and services shown on our Website are accurate and up-to-date. However we reserve the right to adjust the actual price charged if the prices shown are incorrect, and to vary our prices and product and services descriptions at any time and without notice.
3.6 We will make every effort to fulfil orders placed using the Website but we do not guarantee that the products advertised will always be in stock.
3.7 Title to all products supplied to you will be retained by us until payment is made in full. All risk of loss of, or damage to, the products passes to you once payment has been made.
4. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
4.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. To the extent permitted by New Zealand law, we are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
5. PERSONAL INFORMATION
6. LIMITATION OF LIABILITY
6.1 You agree that, to the maximum extent permitted by law:
a) any and all of our liability and responsibility to you or any other person:
i. under or in connection with these Terms; or
ii. in connection with the Website (including any errors in or omissions from the Website), any goods or services provided on or through the Website, another user's/member's acts or omissions (including any comments or content posted), or your use of or inability to use, the Website (including any loss or corruption of data),
is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise;
b) our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
6.2 You acknowledge that we may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Website. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
7.1 You are responsible for all activity that results from your use of this Website. You agree to indemnify, and keep indemnified, us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms and/or your use of our Website.
8.1 If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.
9. ENTIRE AGREEMENT
9.1 These Terms and any policies or operating rules posted by us on this site or in respect to the Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
10. GOVERNING LAW
10.1 These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws New Zealand and you submit to the exclusive jurisdiction of the New Zealand courts.
11. CONTACT INFORMATION
11.1 Questions about the Terms should be sent to us at email@example.com or call us on either 0800 DOWSONS (0800 369 766) during business hours (Monday to Friday 9am to 4.30pm, excluding public holidays).