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GENERAL TERMS AND CONDITIONS

These terms of use (Terms) apply to your use of our website (www.crackerjack.co.nz).

Please read these terms of use carefully before you use our website as by accessing and browsing this website you confirm that you accept the Terms. If you do not agree to these Terms, please do not proceed with use of this website. If you have any queries about these terms and conditions, please email us: help@crackerjack.co.nz.

In these Terms "we", "us", or "our", and "Crackerjack" refers to Crackerjack Limited and any related companies.

1. TERMS OF WEBSITE USE

We take as much care as possible in ensuring accuracy, reliability and completeness of information provided within this website but occasionally errors and omissions may occur. All use of this website is at your own risk and Crackerjack does not accept any liability, direct or indirect, for any loss of damage which may result, directly or indirectly, from content on this website.

Crackerjack's website is intended to provide general information about our business and the products we provide. It is for informational purposes only and is not intended to amount to representations or advice on which reliance can be placed.

We reserve the right to make changes to these Terms (including by issuing a new or replacement version of these Terms) without notice. You are responsible for checking and accepting the current terms and conditions on each occasion before using this website.

To the extent permitted by law, Crackerjack makes no representations, warranties or guarantees, express or implied, in relation to the merchantability, fitness for purpose, freedom from computer bugs or viruses, accuracy or availability of this website or any other website. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will not be liable if for any reason our site is unavailable at any time or for any period. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Where our site includes details of our prices, these prices are subject to change at our absolute discretion and without prior notice and, unless expressly stated otherwise, and to the extent permitted by law.

Crackerjack shall have no liability or responsibility for any actions you may take as a result of the information and content displayed on any pages of this website, or on websites that we link to. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements, representations or warranties about their accuracy, content or thoroughness. Your disclosure of your Personal Information to third party websites is at your own risk.

In no event shall Crackerjack be liable for any loss or damages of any kind in connection with the use of this website or its content, other than specifically set out in these Terms.

The content and layout of this website is copyright and owned by Crackerjack, unless otherwise stated. You must not create any links to or from this website, use or copy any part of the website without the express permission of Crackerjack.


2. PRIVACY POLICY

In this policy, "Personal Information" includes but is not limited to information about an identifiable individual, and includes your name and contact details.

Your privacy is important to us and we want to be sure that you understand the terms and conditions of how we collect information and use this information. We will always collect, store, use and disclose your Personal Information in accordance with the Privacy Act 2020 (Privacy Act). When you register online, you give us your consent to process and use the data you have provided in accordance with these Terms and the Privacy Act. This privacy policy applies to all users of this website.

What information do we collect?

You may make a purchase online, send us an email, enter a competition, join our email club or make an enquiry. When you visit our website, we may collect more information such as the address of your internet provider, the name of the webpage directing you, or your clicks and activity on our website. Personal Information may be collected about you from third parties (including our third party affiliates or partner companies and from marketing or advertising companies) who may provide us with such information as a part of their relationship with us. We may combine this information with other information that we hold.

How is your Personal Information used?

We collect your Personal Information to contact you or send you product updates, promotional information, and/or to process any orders you may place with us or to let you know about special deals or competitions by email, telephone or posted mail from time to time.

We will not do this unless we have your express or deemed consent to do so, usually at time of signing up to our email club database or registering for online shopping. By subscribing to emails and/or text communications, or otherwise providing your email address and/or mobile number, you consent to receiving emails and/or texts (as the case may be), and to receiving such communications which promote and market our products and/or services from time to time.

These emails and texts will always include an “unsubscribe” facility[AH1] . If you do not wish to receive them, you can update or delete your records by emailing us: marketing@crackerjack.co.nz. If you choose not to provide us with your contact details as described within this policy we may not be able to provide you with information about products or services that you may want, or fulfil your online order, including information about special promotions or competitions.

Disclosure of your Personal Information

We will never sell, give or rent your Personal Information to anyone else as part of a mailing list without your specific permission. We may need to share your Personal Information with third parties that perform service on our behalf such as sending mail and emails, or to enable us to respond to your enquiries or to advise you of success in a competition or promotion. No third parties will be permitted by us to use, copy or keep your Personal Information for any other reason. The aggregated data (not personally identifiable information) may be shared with third parties such as advertisers or other partners. We may also disclose your Personal Information where such disclosure is required by law. Where possible and appropriate, we will notify you if we are required by law to disclose your Personal Information. The Privacy Act gives you the right to request a copy of all Personal Information we hold about you and to ask for it to be updated by emailing us at marketing@crackerjack.co.nz. We may require identification from you before confirming the status of any information we hold.

Cookies

Our website may use cookies – small files that reside on your computer and are recognised by our server when you visit our website. When you visit our website we may use your IP address and cookies to provide certain functionality to you and to better understand how our services are being used. If you prefer, you can turn them off in your browser and /or delete them from your hard drive. You will still be able to visit our website, but you might lose some functions of the website. If you follow a hyperlink from this website to external websites they will have their own privacy policies and use of cookies. We do not accept any responsibility or liability for the privacy practices of such third party websites and this is at your own risk.

Storage and security

We take security seriously and take all reasonable steps to ensure your Personal Information is kept as securely and confidentially as possible, and protect it from loss, unauthorised or accidental access, disclosure, alteration, loss, destruction and actions which prevent us from accessing your Personal Information on a permanent or temporary basis (Privacy Breach). However when giving us your details and information, you need to be aware that we are working in an internet / electronic information storage environment and we cannot accept responsibility for any loss, misuse, unauthorised access or disclosure, alteration or destruction of Personal Information which you submit to us.

We use industry standard (or better) administrative, physical and technical protections to safeguard the security, privacy, confidentiality and integrity of your Personal Information.

If your Personal Information is subject to a Privacy Breach that is likely to cause you serious harm, we will notify you and the Privacy Commissioner in accordance with our obligations under the Privacy Act.

By accessing and using this website you accept that, and will not hold us responsible for any breach of security. If you are registered with us and would like to delete or update your registration and personal details from our database, please contact us by emailing marketing@crackerjack.co.nz or by phone (09) 4183859.

By accessing and using this website you consent to our collection, use and disclosure of your information as described in this policy.


3. PROMOTIONAL TERMS & CONDITIONS

All product pricing and offers are valid to the end date stated on promotional material or while stocks last. Styles and product availability may vary between stores and some styles or products may not be available in all stores. There may be some variance in the actual product from the advertising photography. Unless stated otherwise, all discounts are off the original marked price and exclude clearance. All multibuy offers must be purchased in a single transaction and, where relevant, apply to the lower (or lowest) priced item. ‘Why pay’ price refers to the current Recommended Retail Price (RRP) set by the supplier or the current price charged by another retailer at time of catalogue production, and is documented by the team. ‘Elsewhere’ price refers to the current Recommended Retail Price (RRP) charged by another retailer at time of catalogue production, and is documented by the team. The ‘Usually’ price is the retail price that the product is sold in Crackerjack stores. The ‘Was’ price is the price that the product was previously on sale for at Crackerjack. Any issues with products that have been identified as ‘parallel imported’ are to be addressed with Crackerjack, not the brand or manufacturer.. We aim to give you the best price, the first time our products are offered for sale in-store. However, some products may be reduced to clear after a period of time and there may be occasional sale events.

ONLINE GIVEAWAY - VALENTINE'S BUNDLE

T&Cs: Online delivery and Click & Collect purchases with a minimum spend of $50 (excluding freight) automatically go in the draw. There will be one winner of a Valentine's Bundle valued at $100. Entries open to NZ residents only. Competition closes on February 6th at 11:59pm, winner drawn at random February 7th. We reserve the right to substitute prize for one of better or equal value. If winner does not respond within 24 hours, a new winner will be chosen. We are not responsible for lost, late, or misdirected prizes.

4. EMAIL CLUB SIGN UP AND OTHER COMPETITIONS

On the last [business day] of each month, one email club member will be randomly selected for the monthly draw and will win a $100 gift card to spend in a Crackerjack store of their choice. Winner must reply to email communication sent to their provided email address within 10 days or a new winner will be drawn. Prize is non-transferable, is not redeemable for cash and no change will be given.


5. RETURNS POLICY

We are committed to providing you with a quality experience at Crackerjack. Products purchased online can be returned within 30 days of delivery with a returns form to Crackerjack Online or any Crackerjack store to receive an online store credit or a refund.

Click here to download returns form

If the item is not available it can be exchanged for an item of the same value. Returned products must be unused, unworn and unwashed, with all original packaging and be accompanied with the original receipt.
The following items are not eligible for return: gift cards, earrings, underwear, swimwear, clearance products and perishable goods such as food. We also do not accept products that are intimate or sanitary goods, hazardous materials, flammable liquids or gases. Crackerjack does not accept returns due to change of mind, please choose carefully.

The refund will be in the same form as your original payment. If a product is faulty, we will meet our obligations under the Consumer Guarantees Act 1993 to provide a remedy.


6. ONLINE ORDERS

YOUR PAYMENTS
Crackerjack takes website credit card security extremely seriously. For your peace of mind, this website uses Windcave Hosted Payments as a secure platform for credit card payments. Windcave hosts and manages the payment page, which is secured by its own SSL certificate in their data centre. Windcave Hosted Payments are designed to ensure all credit card transactions on our website are made according to the strictest security standards.


AFTERPAY
You should be able to treat yourself whenever you want with whatever you want. That’s why we accept Afterpay, so you can shop now and pay later. Please note there is a $50 minimum spend, excluding freight, for using Afterpay to purchase online. Read more here.


PHOTOGRAPHY
While we have made every effort to ensure that the colour photographs displayed on our website are as true to the represented product as possible, features and colours may not be exactly as they appear on your screen, as every display varies slightly.


STOCK AVAILABILITY
While we endeavour to keep our stock levels accurate at all times, all orders are subject to availability and, on occasion, the stock levels showing on the website may be incorrect. If an item is purchased and is not available at time of dispatch, your order will be refunded immediately.


SHIPPING
To ensure that your parcel will be delivered safely, deliveries will be left at your door. Please note that we cannot deliver to a PO Box address, please provide an alternate postal address. We aim to have your parcel to you within 4 – 7 working days of receipt of order within New Zealand, please note that rural deliveries may take slightly longer. Delivery times are subject to stock availability and we will advise you if your order may be delayed.

Courier fees are non-refundable and we endeavour to dispatch your order within three working days of receipt of your order. You will receive a confirmation email once your order is dispatched from our warehouse. This email will include a link to the Courier website where you can track the progress of your delivery. In the case of contactless deliveries or deliveries which do not require a signature, we cannot be responsible for any loss or damage to the order between the time of delivery and the time it is received by an individual at the provided address.


CLICK & COLLECT
Click & Collect is a complimentary service that allows you to place an online order and collect it from your preferred Crackerjack store. You will receive an email confirmation when your order is ready to be collected, and we will hold it for seven days. Please refer to our FAQs for further information.


7. SECOND HAND CLOTHING

The clothing you find at Crackerjack stores is an item which has been returned to a significant USA retailer or online seller. When a clothing item is returned to a retailer in the USA, it is treated very differently to a returned clothing item here in New Zealand. In the USA, if a product is bought and then not wanted for reasons such as wrong size, colour, or fit, the product gets returned to a colossal Warehouse where retailers like Crackerjack bulk purchase the garments at a discounted price. Many of these items are still in new condition, having just been tried on.