Definitions

“Conditions” means these terms and conditions;

“Contract” means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of the Order;

“International” means countries other than the New Zealand (NZ)

“Order” means an order placed by You via this Website for one or more Products;

“Personal Information” means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and card details;

“Product” means any product advertised on this Website;

“NZ” means New Zealand

“We/Us/Our” means Fortmens Clothing Ltd;

“Website” Means fortmens.co.nz, any other URL operated by us and our mobile applications;

“You/Your” means a user of this Website;

“Error” means a human mistake or a technical or system failure which leads to incorrect pricing of Orders and/or Products. 

Use of this website

Application of these Conditions

These Conditions apply to Use of this Website and are the terms and Conditions on which We will supply any of the Products to You and by proceeding further and/or placing an Order You agree to be bound by the Conditions. If You do not agree to be bound by them, You should leave this Website now.

Please click on the button to mark Your acceptance of these Conditions before placing an Order if You accept them. Please understand that if You refuse to accept these Conditions, You will not be able to Order any Products from the Website.

When Using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. For Contractual purposes, You agree to this electronic means of communication and You acknowledge that all Contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.

You may obtain further information about Your statutory rights by contacting Your local authority Trading Standards Department or Citizens Advice Bureau.

Changes

We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is Your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.

Queries

Contact Us if You have any questions relating to these Conditions or Ordering the Products generally by Using the Contact Us page.

Your Account

You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to Your computer and/or email address to prevent unauthorised access to Your account.

Description and Availability

We take all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves All Products are subject to availability. In the event Products are unavailable they will be cancelled from Your Order and You will receive a refund.

Price

For International Orders, prices appearing on this Website may be subject to taxes and duties (where applicable) at the current rates.

The cost of Your Order will be the price of the Products Ordered plus the appropriate delivery charge outlined in the “Delivery Services” section below and clearly stated at checkout before purchase. Please note that all prices on this Website are for on-line purchases only.

Due to circumstances beyond Our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs You will be notified and requested to reconfirm Your Order at the altered price.

By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.

Placing an Order

You must not Order Products via this Website if You are Younger than 16 years of age. In the case of Products which can only legally be supplied to people over the age of 18, this will be indicated on the Website in relation to the appropriate Product.

All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email from Us acknowledging that We have received Your Order. Please note that this does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us and We will confirm such acceptance by sending You an email that confirms that the Product has been despatched (the “Despatch Notice”). The Contract between Us will only be formed when We send You the Despatch Notice.

Where, in our reasonable judgment, we believe that there is an Error, we will be entitled to cancel Your Order and refund Your payment.

Where the Error is noticed before the Order is dispatched, we will use all reasonable endeavours to inform You and allow You to choose whether to re-place the Order at the correct price or to have Your Order refunded.

We may undertake searches with credit reference agencies for the purpose of verifying Your identity and the Personal Information You submit as part of an Order. To do so the agencies may check Your Personal Information against any particulars on any database (public or otherwise) to which they have access. They may also Use Your details in the future to assist other companies for verification purposes. By submitting Your Order You agree to this. For details of the credit reference agencies We receive information from and share information with, write to Fortmens Clothing Ltd.

For information about placing an order using Klarna, please click here.

Payment Methods

There are easy and flexible ways for You to pay for Your Order. We accept:

• Mastercard and Visa credit cards
• Maestro, Visa, Electron and Mastercard debit cards
• American Express cards
• PayPal
• Gift Cards

You confirm that the card or PayPal account being Used is Yours.

 

General Indemnity

You agree to indemnify Us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of Your Use of this Website or out of the Use of this Website by any person Using Your account number and/or password.

Our Liability

We warrant to You that any Product purchased from Us through the Website is of satisfactory quality and fit for the purpose for which Products of the kind are commonly supplied and in conformity with the Contract.

Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product You purchased.

To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.

We will not be liable to You in Contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.

Nothing herein shall affect Your statutory rights and You may obtain further information about Your statutory rights by contacting Your local authority Trading Standards Department or Citizens Advice Bureau.

Nothing in these Conditions shall limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.

Language

The Contract will be concluded in English.

Transfer

We may assign or transfer any of Our rights or obligations under a Contract.

You may not assign or transfer any of Your rights or obligations under this Contract.

Waiver

If We fail, at any time of the Contract, to insist upon performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

A waiver by Us of any default shall not constitute a waiver of any subsequent default.

No waiver by Us of any of the terms and Conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

Severability

If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.

Entire Agreement

Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.

Governing Law

These Conditions shall be governed by and construed in accordance with English law and You hereby submit to the exclusive jurisdiction of the English courts. Provided that, if You are a consumer with your habitual residence in a country within the EU, nothing in these Conditions will prejudice the rights that You may have under the mandatory provisions of the laws of such country, including your right to submit a complaint to the EU Online Dispute Resolution (“ODR”) platform accessible here.

Third Parties

The Contracts (Rights of Third Parties) Act 1999 shall not apply.

Secure online shopping

Secure Certificate

We believe buying on-line at fortmens.com is as secure. This is because:

All payment transactions are carried out over an SSL Encrypted secure connection via Shopify payments and Klarna Using industry standard technology.

The padlock symbol, at the top of your browser window confirms this level of encryption. If You click on this, You will see Our Let's Encrypt Authority X3 secure certificate, meaning that Your data is encrypted. 

Links to other Sites

We may offer links to sites that are not operated by Us. If You visit one of these linked sites You should review its privacy and other policies. We are not responsible for the policies and practices of other companies.

Questions and concerns regarding this policy and Your Personal Information should be directed to the following address:

Attn: Fortmens Clothing

Delivery Locations

Our carriers are unable to deliver to PO Boxes, airports, hospitals and prisons. We will also at Our discretion exclude delivery to any addresses which are considered to be insecure.

We are not liable for any parcels that are lost or stolen as a result of any specific delivery instructions left for the carrier.

Delivery Services

Delivery will be to NZ or International address or store specified in Your Order. We offer a variety of delivery options but We shall have no liability for any delay or failure to deliver Product if the delay or failure is wholly or partially caused by circumstances beyond Our control.

When placing an Order please bear in mind We are unable to deliver on Public or Bank Holidays and Orders placed on those days, or at busy periods may take longer to deliver.

Your expected delivery date will be confirmed at checkout when placing Your Order.

If We cannot deliver Your Order using Your selected delivery method and/or to Your selected delivery address, We will contact You to offer alternative options.

We aim to meet these timescales but during busy periods (including sale) deliveries may take a little longer.

ALL deliveries will be made between 07:00 and 22:00 Monday-Saturday (excluding Public/Bank Holidays).

International Delivery Services

Additional taxes, fees or levies may apply according to local legislation. Recipients of deliveries made outside NZ may have to pay import duty or formal customs entry fees. Any customs or import duties are charged once the Products reach the destination country and these charges are Your responsibility and must be paid by the recipient. We have no control over these charges and cannot tell You what the cost would be as customs policies and import duties vary from country to country.

In addition, some countries have import restrictions on certain Products or materials. You are responsible for determining whether there are any restrictions on delivery of Our Products to Your selected destination. You can contact Your local customs office for assistance regarding these matters.

Delivery may be delayed by local customs because of this but this is out of Our control.

Lost Parcels

If You paid for your delivery by a certain date or time and it does not arrive by that date, let us know and We will begin Our missing parcels procedure. If You paid for standard delivery and Your Order fails to arrive within 10 days (NZ only) and 20 days (International) of despatch and You notify Us. We will investigate Your claim and if We are satisfied that the non arrival of the Product(s) was attributable to Us then a refund will be credited to the payment method which was Used to place the Order. Please note that We may refuse to make future deliveries to addresses that are considered to be insecure. In this event You will be contacted by Our Customer Services Team and asked to provide an alternative delivery location for future Orders.

 Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or Our licensors. Fortmens is a registered trademark owned by Us.

Notices

All notices given by You to Us shall be to Our address set out in these Conditions. We may give notice to You at either the email or postal address You provided to Us when placing the Order. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or 3 days after the date of posting any letter, provided that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Contract that is caused by events outside Our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:-

1. strikes, lock-outs or other industrial action;
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. Impossibility of the Use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. Impossibility of the Use of public or private telecommunications networks;
6. The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will Use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.