Terms & Conditions

Eligibility to Purchase

KATE SYLVESTER is a New Zealand owned company.

The purchase of products from katesylvester.co.nz is limited only to parties who can enter into and form contracts in accordance with New Zealand law. Customers must provide their real name, phone number, e-mail address and other requested information. When providing payment details, customers must warrant that the payment details provided are theirs and are both valid and correct. katesylvester.co.nz is only available to customers who meet our terms of eligibility. Purchases made are for personal use only and must not be resold or used for commercial benefit. katesylvester.co.nz reserves the right to decline multiple quantities to one customer or address.

Products

All sizes are based on standard New Zealand sizing. Some sizing may vary between styles; however we do attempt to ensure they are as consistent as possible. We have made every effort to display the colours of our products as accurately as possible on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display will accurately reflect the colour of the product on delivery.

We take great care to ensure that all details, descriptions and product prices appearing on our website are correct at the time of website entry. We reserve the right to refuse orders where product information has been incorrectly published or altered, including prices and promotions. From time to time our retail stores may run special local promotions (which may not be available on our web-site) or we may offer special discounts online that are not available in the retail stores. Some website promotions may not be available to customers in particular jurisdictions.

Whilst we endeavor to keep our stock levels accurate, however if an item is purchased that is not available at time of dispatch we will refund the purchase immediately. All orders are subject to availability. Items in your shopping basket are not on hold and may be purchased by other customers.

Pricing

All prices are in New Zealand dollars unless specified otherwise.

Payment

Payment can be made by Visa, MasterCard and American Express as well as PayPal. Payment will be cleared from your account upon receipt of your order. The credit card you are using must be yours. All credit card/debit holders are subject to validation checks and authorisation by the card issuer. If the issuer of the payment method refuses to authorise the payment, katesylvester.co.nz will not be held responsible for any non-delivery. katesylvester.co.nz takes every precaution to make our site as secure as possible, SSL is used to encrypt and protect the data you send us over the internet to ensure that your details are safe. We do not hold any payment details on record.

The name ‘KATE SYLVESTER’ will appear on your cardholder statements when you purchase through our online store.

You must be signed in as a Kate Sylvester customer with an existing address to make a payment with PayPal.

Afterpay

Sales made using Afterpay are subject to the same Terms & Conditions as sales made using any other payment method.

First time Afterpay customers will have a $500 limit for the first six weeks.

Laybuy

Sales made using Laybuy are subject to the same Terms & Conditions as sales made using any other payment method.

Layby Purchasing Within New Zealand

Terms and Condition of Layby:

Full Priced Stock

Full price stock may be placed on layby under the following conditions:

  1. A minimum deposit of 30% of the total retail price must be paid on opening the layby account.

  2. The full price of the layby must be paid within a period of 5 weeks.

  3. If your layby becomes overdue we will notify you with a phone call. Your layby must be paid in full within 7 days of this call. After this period we reserve the right to cancel the layby and return the goods to stock.

  4. If the layby is cancelled the garment will be returned to stock and you will be entitled to a refund calculated as follows: Your payments less an administration fee of $20. If there has been any decrease in the retail value of the product after the layby period of weeks, this amount will also be deducted. Any remaining balance will be refunded to you. If you take a store credit and your layby is not overdue we will not charge the $20 administration fee.

  5. Laybys can only be created at a Kate Sylvester boutique. Layby is not available with online purchases.

Sale Stock

We do not layby sale items.

All conditions are in accordance with the Layby Sale Act 1971.

Sale

All sale purchases are eligible for an exchange or credit note within 7 working days of delivery. Sale items are not eligible for a refund unless faulty. In the case of receiving faulty sale items, please return to us and we will endeavour to resolve the situation as soon as possible.

If you have any inquiries please contact us at customercare@katesylvester.com

Online Outlet Sale

Online Outlet Sale items are not eligible for a refund, exchange or credit note unless faulty. In the case of receiving faulty sale items, please return to us and we will endeavour to resolve the situation as soon as possible.

If you have any inquiries please contact us at customercare@katesylvester.com

International Purchases

If you’re a customer whose credit card is not denominated in New Zealand dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

When converting to another currency, or when an item is charged to a credit card, a price variation may occur due to fluctuating exchange rates and credit card company charges.

Once an order is sent, Kate Sylvester take’s no responsibility for charges, taxes or duties incurred at the receiver’s end as this can vary depending on the rules of customs in each country.

All prices displayed on the Kate Sylvester website are at discretion. Pricing may change without notice and differ between national and international markets.

Privacy

Your privacy is important to us. Please note that all personal details provided will remain with Kate Sylvester and will not under any circumstances be distributed to third parties. Your details will be kept on a private database for internal use only.

All email communications you receive from us have the option for you to unsubscribe on the spot, meaning you will no longer receive communications from us unless it is regarding a transaction or security issue. You are able to contact us at customercare@katesylvester.com if you have any further concerns or issues.

We do not sell or trade your personal information to others. However, we do use other companies and individuals to perform services on our behalf, such as delivering packages, sending mail or emails and processing payments. They will have access to your personal information in order to perform these services but are not authorised to use your information for any other purpose. You can view the personal information we collect by logging into your online account. We may provide the information collected about you if, in cases of fraud or other criminal activities we are required to do so by legal authorities.

Cookies

Kate Sylvester uses temporary and permanent cookies to help provide the best experience for our customers. You are able to accept or refuse the use of these cookies, but by doing so may restrict your ability to use the site.

Copyright

Unless stated otherwise, images, photographs and text on this website are the intellectual property of Kate Sylvester. You are not permitted to copy or use any of the information represented on the website without prior consent. Any efforts to prejudice the rights of Kate Sylvester may result in legal action.

By accessing the site you agree that your access is subject to the terms and conditions of the website as well as applicable laws and that you will be solely responsible for your use of this site and all your activity on it. Kate Sylvester reserves the right to deny access to the site at any time without notice and at our sole discretion. Harassment in any form on the site, including by email is not acceptable.

Kate Sylvester x Erny Belle Summer Giveaway Terms and Conditions

Part A: Key terms for this Competition

  1. Introduction: You must agree to these terms and conditions (‘Terms’) as a condition of entering this giveaway (‘Giveaway’). By entering the Giveaway you agree that you have read, understood and accepted all of these Terms.
  2. Organiser: The organiser of this Giveaway is Kate Sylvester, Conway Sylver Ltd (‘Kate Sylvester). The Giveaway will be conducted through the Kate Sylvester website www.katesylvester.co.nz
  3. Eligibility: A person is eligible to enter and may only enter the Giveaway if that person:
    a is eighteen (18) years of age or older; and
    b is not an employee (or an immediate family member of an employee) of Kate Sylvester.
  4. Prize: There is one (1) prize to be won, consisting of one Kate Sylvester voucher with a retail value of NZ$1000. The Prize is not transferable and cannot be redeemed (in whole or part) for cash or credit or be exchanged for another item. The prize also consists of two Erny Belle records at the discretion of Kate Sylvester. All costs associated with the Prize are the sole responsibility of the Winner.
  5. Giveaway period: The Giveaway opens at 8.00am NZDT on Friday 26 January 2024. All entries must be received by Kate Sylvester by 11.59pm NZDT on Thursday 1 February 2024 (‘Closing Date’).
  6. How to enter: To enter the Giveaway, you must, before the Closing Date:
    enter your name, email address and all other information requested on the Giveaway entry form online at katesylvester.com.
  7. Consent to marketing: By submitting the Giveaway entry form you consent to Kate Sylvester collection, use and storage of the information contained in the Giveaway entry form for Kate Sylvester’s business purposes, including storing such information comprised in the Giveaway entry in one or more Kate Sylvester’s marketing databases. You also agree to receive marketing communications, updates, and special offers from Kate Sylvester You may unsubscribe from email marketing communications by using the unsubscribe link that is provided in the communication.
  8. One entry per person: You must not submit more than one entry for the Giveaway, or use more than one email address for the Giveaway.
  9. Prize draw: Entries for the Giveaway will be drawn by Kate Sylvester randomly at approximately 9.00am NZDT on Friday 2 February, 2024. The valid entry first drawn by Kate Sylvester will be the winner of the Giveaway (‘Winner’).
  10. Notification of Winner: Kate Sylvester will attempt to contact the Winner following the Prize draw (‘Notification Date’) using the details provided through the Giveaway entry form and may provide the Winner with further instructions regarding the process that the Winner must follow to claim the Prize. The Winner’s name may be published on Kate Sylvester’s Instagram or Facebook page, and published or disclosed through any other channel or medium deemed appropriate by Kate Sylvester.
  11. Claiming the Prize: To claim the Prize, the Winner must, within 72 hours of Kate Sylvester’s first attempted communication with the Winner under paragraph 9, respond to Kate Sylvester in the manner instructed by Kate Sylvester and provide upon request:
    a confirmation of the Winner’s identity, age, and usual country of residence; and
    b a valid mobile phone number and physical address to which the Prizes may be sent.
  12. Collection of the Prize: The Prize will be:
    a A NZD$1000 Kate Sylvester voucher to be used on full priced items only.
    b Erny Belle records to be posted.

Part B: General terms for this Competition

  1. Failure to claim Prize: If the Winner does not claim or collect the Prize and provide all necessary documentation or information upon request in accordance with paragraph 10 or 11 (as the case may be), that Winner will forfeit the Prize, in which event Kate Sylvester may retain or reallocate the Prize at Kate Sylvester’s discretion.
  2. Rights and responsibility of Kate Sylvester: Kate Sylvester assumes no responsibility for any error, omission, interruption, deletion, defect, failure, malfunction, alteration, delay in delivery, operation or transmission, theft, or other circumstances of any kind, which may affect an entry or your participation in the Giveaway. Kate Sylvester, in its sole discretion, may disqualify any entry that is incomplete, forged, or otherwise tampered with in any way, or that has been made by automating or manipulating the entry process, or in any other way that Kate Sylvester considers to be inappropriate. Kate Sylvester reserves the right to verify the validity of entries.
  3. Expenses related to Prize: The Prize consists solely of the item listed in paragraph 4 above. All expenses related to the Prize are the sole responsibility of the Winner.
  4. Decisions: Kate Sylvester’s decisions regarding all aspects of this Giveaway including, without limitation, decisions regarding the eligibility of entries, the conduct of the Giveaway, the interpretation of these Terms and the allocation of the Prize, are final and not subject to challenge. No correspondence will be entered into. To the maximum extent permitted by law:
    a no decisions of Kate Sylvester may be challenged on any grounds, including (without limitation), due to any alleged or actual failure of Kate Sylvester or the judge to act reasonably, in good faith, or fairly; and
    b the decisions of Kate Sylvester will remain binding and final even if those decisions are challenged on any ground that they are wrong based on any factual error or based on any unreasonable, irrational, or irrelevant consideration.
  5. Cancellation, changes or substitution: Kate Sylvester reserves the right at any time to cancel this Giveaway, or to supplement or change any condition of this Giveaway, without notice.
  6. Privacy: Personal information provided by you may be stored and used by Kate Sylvester:
    a for the purposes of conducting the Giveaway; and
    b for additional purposes (such as research, promotion, or marketing activities to provide you with information and promotional material). Personal information will not otherwise be used or disclosed by Kate Sylvester except as required or permitted by the New Zealand Privacy Act 1993 or by other applicable laws.
    The collection, use, and disclosure of personal information provided in connection with the Competition are governed by Kate Sylvester’s Privacy Policy.
  7. Breach of Terms: If you breach any of these Terms, Kate SYlvester may disqualify you from the Competition and the Prize may be withheld or withdrawn, in each case at the discretion of Kate Sylvester.
  8. Governing Law: This Giveaway and these Terms shall be governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to this Giveaway or these Terms. You submit to the jurisdiction of the New Zealand courts and agree that the New Zealand courts are a convenient forum in which to resolve any issue or dispute concerning this Giveaway.

 

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