1. ACCESS & USE OF SITE

1.1 You must only use the Site in accordance with these Terms and Conditions and any applicable law.

1.2 You must not (or attempt to): 
(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site; 
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or 
(c) interfere (or attempt to interfere) with security-related or other features of the Site.

1.3 To place Orders and access some features of the Site, you must register an Account with us. To register an Account, you must: 
(a) give us accurate and current personal information including your name, address, and a valid email address. 
(b) you must have the capacity to enter into a legally binding agreement with us.

1.4 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

1.5 You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).

1.6 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

1.7 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to 
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or 
(b) in a way that is illegal or unfair.

2. INFORMATION ON THIS SITE

2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Code Black.

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, and including garment designs, except as permitted by statute or with our prior written consent.

2.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and product manufacturers. We are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

2.4 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing and apparel) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes and may not be an exact representation of the products received.

3. ORDERS

3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

3.2 Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges, including any unless otherwise stated all charges are in New Zealand Dollars.

3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site, unless you have requested an invoice separately. You must be fully entitled to use the payment method or account used for purchases.

3.4 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions (e.g. if we have already started production).

3.5 When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to
(a) unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit Your Order);

3.6 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

3.7 Once your order has been placed, Code Black will send the items directly into production. Please ensure all selections including but not limited to size, colours, designs, and images are correct before submission. Changes may not be accepted after your order has been confirmed. Any changes allowed beyond the approval may result in delivery delays and extra costs to you.

3.8 All colours on the website should be used as an approximate guide only. Printing on different materials with different inks can cause a variation in the colour of the final product. These colours may change over time which may result in colours not matching a previous order. How a colour is displayed digitally to how it appears on a garment will differ as each monitor displays colours differently. Code Black is not liable for colour differences between the end product and that shown on the website or colour codes supplied.

3.9 By placing your order you agree to allow your design to be used for marketing purposes on our website and through external third party channels. You can opt out of this at any time by emailing us at team@codeblack.nz

3.10 By placing your order you agree that you have all legal rights to use all text and imagery that appears in your design. Code Black will not be liable for any breaches of intellectual property that your design may infringe on.

4. SHIPPING

4.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates.

4.2 We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

4.3 The courier will aim to leave the Order at the address advised by you at the time of purchase. Delivering your order is at the discretion and the responsibility of the courier company.

4.4 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

4.5 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

5. CANCELLATION

5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.

5.2 If you wish to cancel your order, please contact us via our website or via team@codeblack.nz . No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the Returns Policy.

7. FAULTY PRODUCT RETURNS

7.1 We aim to provide you with Products of the highest standard and quality. If you have received a Product with a defect, please contact us immediately so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.

7.2 If the Product is confirmed to have a defect, we will replace the Product or refund the Price of the Product to your original payment method at your request. If the Product is found not to have a defect or deemed out of warranty, we will ship the Product back to you.

7.3 It does not constitute a defect, if in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

7.4 Please note that only technical inadequacies and inaccuracies, which were avoidable with the technology available is considered a defect, but does include aspects of personal taste. Differences in colour between the images and text and the original image and text data are not a defect. For the avoidance of doubt, there is no defect if reduced quality to due the poor quality (for example, low resolution) of the original image or text data.

7.5 It is important to note that all Code Black product sizes are approximate, and some deviations can be expected as the products are created on an individual basis.

8. CHANGE OF MIND RETURNS

8.1 All Code Black products are made to order and cannot be refunded or returned due to change of mind, incorrect sizes ordered, incorrect colours ordered, or any errors in information submitted to us.