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TERMS & CONDITIONS
1. General Disclaimer
1.1. In these Terms & Conditions (“T&Cs”), “We”, “Us”, “Our”, “HOKA Australia” or “www.hoka.com/en/au” means Accent Brands Pty Ltd ACN 001 742 552 trading as HOKA Australia its subsidiaries and associates (unless otherwise stated).
1.2. This website, and our online store (our “Website”), is a channel for customers to place orders for products we have available for purchase.
1.3. We will not be liable if, for any reason, the Website is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.
1.4. While the information contained in the Website is believed to be accurate and current, it is provided by HOKA Australia in good faith on an "as is" basis. HOKA Australia its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Website.
1.5. You may have rights under Australian Consumer Law, and these T&C’s do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation.
1.6. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
2. Acceptance
2.1. HOKA Australia website and online store (collectively, our “Website”) is owned and operated by Accent Brands Pty Ltd ACN 001 742 552 trading as HOKA Australia.
2.2. Access and use of HOKA Australia website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out herein (our “T&Cs”). You should read them thoroughly before using our website and online store, or any goods and services provided through our website (collectively, our “Services”). Your use of HOKA Australia website constitutes your agreement to the T&Cs.
2.3. HOKA Australia reserves the right to amend the T&Cs at any time and without notice to you. HOKA Australia may change the T&Cs from time to time, and your continued use of HOKA Australia Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. We will always publish a link to our current T&Cs from the website homepage at www.hokaoneone.com.au/.
2.4. These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.
3. Capacity
3.1. The Products available on the Website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
4. Orders, Pricing & Availability
4.1. Prices displayed within this Website are shown in Australian dollars (AUD) and include GST where applicable. Pricing on a product detail webpage may not include delivery charges (if applicable). Please read the Shipping & Returns details contained within this website for more information regarding delivery charges.
4.2. Any Order placed by You in the manner described in this website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified in this Website at the time you place your order on these Terms & Conditions.
4.3. HOKA Australia reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
4.5. Prices of products and services, as well as delivery and other charges displayed on this website are current at the time of issue but may change at any time and are subject to availability. All pricing on our website is available online only.
4.6. Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website.
5. Payment
5.1. Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.
5.2. We accept payment via Visa, Mastercard, American Express (AMEX), PayPal, Afterpay and HOKA Australia Gift Cards and Loyalty Vouchers. You must comply with the applicable T&Cs of these providers.
6. Fraud Protection
6.1. HOKA Australia carries out activity to protect you, and our interests, from fraudulent orders and payments. A representative from HOKA Australia may contact you directly as part of this protection process.
6.2. If HOKA Australia determines an order is potentially fraudulent, we will not dispatch goods until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.
6.3. If you believe you have been a victim of a fraud, please contact our Fraud Protection Officer in writing through https://hokacustomercare.zendesk.com/hc/en-us/requests/new#contactform. Please ensure the subject line of your email is “ATTN: Fraud Protection Officer” so we can prioritise and escalate appropriately.
7. Refunds
7.1. Please read the Returns & Exchanges Policy contained within this website for refund details. Our Returns & Exchanges Policy outlines the circumstances that a refund will be available to you.
7.2 In the event HOKA Australia requests your bank account details to issue a refund, please ensure you provide the correct BSB and Account Number. Your refund may be delayed if the incorrect details cause the refund to bounce. We are not liable for any refunds processed into the wrong account due to incorrect information provided.
8. Delivery
8.1. Please read the Delivery Information contained within this website.
8.2. Delivery times are indicative only, and HOKA Australia will not be liable for any failure to observe these delivery times.
9. Risk and Title
9.1. HOKA Australia will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.
9.2. You should consider whether you need to obtain any suitable insurance.
10. Online Account
10.1 You must provide true and factual information when creating an Online Account. You must keep your username and password confidential at all times. HOKA Australia is entitled to assume that anybody accessing your account using your confidential username and password is you.
10.2. Be aware that others may access your account and private information if you do not sign-out before ending your session with HOKA Australia. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.
11. Limitation of Liability
11.1. HOKA Australia will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if HOKA Australia has been advised of the possibility of such damages.
11.2. Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of HOKA Australia for any breach of such term, condition or warranty shall be limited, at the option of HOKA Australia to any one or more of the following:
If the breach relates to goods:
- the replacement of the goods or supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
If the breach relates to services:
- the supplying of the services again; or
- The payment of the cost of having the services supplied again.
12. Privacy
12.1. You may be asked to input information about yourself on this Website. We take your privacy seriously, and your personal information will always be treated in accordance with our Privacy Policy.
12.2. Please read the Privacy Policy contained within this website. Our Privacy Policy sets out what information we collect, how we use it and what data we store.
13. Copyright
13.1. All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, “Our Content”) is the property of HOKA Australia, or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.
13.2. Except as permitted by the Copyright Act 1968 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of HOKA Australia.
14. Third party content, User content and Your content
14.1. At times the Website may contain links to other websites, which are not operated by us (“Linked Sites”). We may also provide embedded content hosted and controlled by third party providers (“Embedded Content”). HOKA Australia has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility, and is subject to the T&Cs of Linked Sites and Embedded Content.
14.2. HOKA Australia does not endorse, promote or recommend any the operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.
14.3. At times you may be able to provide, contribute, upload and publish (collectively, “Publish”) your own data, content or materials (“User Content”) to, or through, our Website and associated websites (eg. our Blog, Facebook page, etc). User Content could include text, images, information, or comments, Published via email, comment, blog, enquiry, social media platforms, third-party partnerships and plug-ins, or other means.
14.4. You own any User Content that you Publish on HOKA Australia Website (“Your Content”). Other users own any User Content they publish to HOKA Australia Website. HOKA Australia reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.
14.5. Your content must not include:
- Content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements)
- Content that reveals private information, such as your or another person’s identity; or sensitive information, including names, email addresses, phone numbers or addresses.
- Content that infringes, or could possible infringe, the rights (including intellectual property rights, copyrights and trademarks) of others.
- Content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.
14.6. You are personally responsible and liable for Your Content. By uploading and publishing Your Content you acknowledge that it does not contain any confidential information, and may be seen by others.
14.7. You are not entitled to any payment or compensation from HOKA Australia for our use of Your Content, or any User Content.
14.8. You can request removal of any User Content you Publish at any time through https://hokacustomercare.zendesk.com/hc/en-us/requests/new#contactform . Please ensure the subject line of your email is “ATTN: Online Content Manager – User Content”.
14.9. You can report violations of the third-party and user content terms through https://hokacustomercare.zendesk.com/hc/en-us/requests/new#contactform. Please ensure the subject line of your email is “ATTN: Online Content Manager – User Content”.
15. Viruses
15.1. HOKA Australia does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
15.2. HOKA Australia will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on HOKA Australia it shall be limited to the cost of re-supplying that information.
16. Afterpay
16.1. Afterpay does not charge a fee to consumers when purchasing and we do not charge interest. The only fees applied to consumers are late fees if your scheduled payments are unsuccessfully processed and, after being notified, you do not log in to your Afterpay account to make your payment via a different method.
16.2. If a payment has not been made by you on the Afterpay website before the scheduled payment date, we will automatically take payment from your default payment method on that date. The scheduled payment dates can be seen in the confirmation email sent to you after your order was approved, or by logging in to your Afterpay account at afterpay.
16.3. If an automatic payment fails, you have until midnight (AEDT in the summer months and AEST in the winter months) to make payment. After midnight, if that payment has not been made, you will incur a late payment fee of $10 and a further late fee of $7 if the payment is not made within 7 days (as stated in the Afterpay Terms).
16.4. We understand that there are certain extenuating circumstances which will not allow you to make payments on or before the scheduled date. If you believe you fall into this category and would like to discuss your payment schedule with us, please e-mail Afterpay here.
16.5. All new Afterpay customers are required to make their first payment at the time of purchase. You will no longer be considered a ‘new’ customer once you have fully paid off your first order AND 6 weeks have passed since you placed that order. For any order thereafter, your first payment will only be deducted 2 weeks after your purchase and your last payment deducted 8 weeks after purchase.
16.6. Afterpay is a PCI DSS Level 1 certified compliant Service Provider organisation. PCI DSS is a comprehensive set of requirements created by the Payment Card Industry Security Standards Council to enhance cardholder data security and to ensure the safe handling and storage of sensitive customer credit card information and data. This is the highest level of security in the payment industry. You can also read Afterpay’s Privacy Policy.
16.7. HOKA accept returns of online orders, providing the refund to you back via your Afterpay account. Please note that any outstanding payment instalments due will be processed until your refund has been completed. For information on how to return your online order see our returns information page.
16.8. Afterpay does not allow for exchanges. We do however encourage you to send back your online purchase and place a new order with us.
Accent Group Limited (us, we, our) (ABN 85 108 096 251) and its related entities maintain a policy of strict confidence concerning your (you, your) personal information that you share with us instore, or by using our websites and other online applications or platforms (Privacy Policy).
This Privacy Policy has been developed in accordance with the Australian Privacy Act 1988 (Cth) (including the Australian Privacy Principles) and the New Zealand Privacy Act 2020 (including the Information Privacy Principles) (together, Privacy Laws). This Privacy Policy applies to the collection, storage, use and disclosure by us of your personal information. By accessing this website https://www.hoka.com/en/au you accept the terms of this Privacy Policy. This Privacy Policy applies to information provided to us whether via this Site or any other means such as in our stores and demonstrates how we will comply with the Privacy Laws. Although we will comply with this Privacy Policy in respect of information provided to us by persons under the age of 18 years, those persons must obtain the consent of a parent or guardian prior to using the website and the parent or guardian will be responsible for appropriately supervising the person's use of the Site.
If you have any further questions or if you wish to receive more information on our information practices and Privacy Policy, please contact our Privacy Officer see contact details below under “How to contact us”.
Our Privacy Collection Statement
Under the Australian Privacy Principles, we are required to make you aware of certain matters on collection of your information. This Policy incorporates our Privacy Collection Statement, as it addresses all of these matters:
- our identity and contact details;
- the facts and circumstances, and the purposes, of collection of personal information;
- the consequences for you if personal information is not collected;
- other entities, bodies or persons to which personal information is usually disclosed;
- information about access and correction of, and how you may complain about the way we handle, your personal information; and
- cross-border disclosures of personal information.
COLLECTING PERSONAL INFORMATION
We may collect the following information from you either from our website, online apps or platforms, or if you provide it to us in store:
- your name and contact details, such as address and phone number;
- some personal details such as date of birth and gender;
- the name of the domain from which you access the internet;
- the date and time you access our website;
- the internet address of the website from which you linked directly to our site; and
- other information that you may supply to us.
We also collect information about visitors to this website using cookies and other identification technologies (e.g. through code embedded in this website, or through code embedded in your browser’s local storage – see section on “cookies and other identification technologies” below).
We may also collect personal information from third parties or publicly available sources of information. All personal information that we collect, is reasonably necessary for the provision of our goods and services to our customers and for the purposes of marketing communications.
When we conduct market research and profiling, we may also ask you for your opinions about your shopping preferences, websites and customer service.
Our purpose in collecting personal information about you is for the purposes of fulfilling your order, conducting business with you, and providing you with a better web and shopping experience.
In seeking to give you the most worthwhile online experience possible, we may notify you of products and special offers that may be of interest to you. We may also provide value-added services and offers. This information helps us better understand the products and services most helpful to you.
We will not collect personal information unless the information is reasonably necessary for or directly related to one, or more of our functions or activities. If we are unable to collect personal information we reasonably require, we may not be able to do business with you or the organisation with which you are connected.
If someone other than you provides us with personal information about you that we did not ask for, we will notify you as soon as practicable, unless we receive it with your consent. This notice will be given unless to do so would be in breach of an obligation of confidence. If we could not have collected this personal information, we will lawfully de-identify or destroy that personal information.
CONTACT US FORMS
When you complete a contact us form on our website, other application or platform, you are asked to provide certain information about yourself. This information includes your name, address, email address, phone number and any comments you might have. We use this information to assist your enquiry and learn more about our customers, so we can provide you with the content and feedback information most relevant to you. Once you submit a contact us form you are no longer anonymous to us.
COOKIES & OTHER IDENTIFICATION TECHNOLOGIES
Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements.
We use cookies and other identification technologies on our Site for a number of purposes, including: to identify, customise and deliver content such as advertisements, promotions or offerings of greatest interest to you, gather statistical information and better understand individual use. In certain cases, we share this information with third parties to assist us in this process. These technologies may involve placing and using data in your browser or system’s local storage. Pixel tags, web beacons, clear GIFs and similar technologies may also be used by us or our third party service providers to measure the success of marketing campaigns and compile statistics about communications and site usage.
Furthermore, and as is common practice, we may identify and compile information concerning your IP address (a number automatically assigned to your device by your internet service provider) which helps us to calculate site usage levels, diagnose technical problems and administer our websites and other applications or platforms.
You have the right to choose whether or not to accept or enable our use of cookies and other identification technologies. You can do this by configuring your computer so that it disables cookies or does not accept them and by clearing your local cache or browsing history. For further information about cookies, including information setting out how to view the cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org.
USE & DISCLOSURE OF INFORMATION
We may use personal information about you for the primary purpose of providing you with our goods and services, and for other purposes that you would reasonably expect us to use that information such as marketing communications. This includes sending you information about new developments, products, services and offers by post, telephone or electronic communication. You authorise us to use your address or other contact information that you provide to us for this purpose.
We may share your personal information between different departments of Accent, across different brands of Accent, with Accent group companies (including our parent company, subsidiaries and global affiliates) and with third parties such as (but not limited to) marketing agencies who assist us with our promotional, marketing and research activities. We may also give your information including your name, e-mail, telephone number or postal addresses to a fulfilment house, retailer or distributor of our products in order to carry out your requests.
We may share your personal information with companies or individuals that provide us with services. These services may include, among other things:
- Couriers (who delivered goods to you on our behalf);
- Payment or banking organizations who carry out credit, fraud and other security checks; and
- Outsourced service providers (e.g. marketing agencies)
- We may be required to disclose information under exceptional circumstances such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes.
We participate in interest-based (on-line behaviour) advertising. This means that a third party may use technology, such as a cookie on your browser or a web beacon, to identify you on our website so that they can provide advertising about products and services tailored to your interest. You may see advertising on our website or apps tailored to how you browse or shop, or you may see advertising for our or other Accent Group products on other websites or apps based on your browsing behaviour.
We may share non-personal information with other third parties that are not described above. When we do so we may aggregate or de-identify the information so that a third party would not be likely to link data to you, your computer, or your device.
DIRECT MARKETING
We may use personal information about you for the primary purpose of providing you with our services, and for other purposes for which you would reasonably expect us to use that information. This includes sending you information about new developments, products, services and special offers by post, telephone or any form of electronic communication including SMS. You authorise us to use any email address or other contact information you provide to us at any time for this purpose.
You can, at any time, opt out of receiving marketing material by contacting us. You agree and acknowledge that even if you opt out of receiving marketing material, we will still send you essential information that we are legally required to send you relating to the goods and services we provide. Once you opt out of receiving marketing material from us, you agree and acknowledge that this removal from our distribution lists may take several business days after the date of your request for removal.
If you wish to withdraw your consent for us to send you marketing communications, you can do this as follows:
- to withdraw consent for marketing emails - by clicking on the ‘Unsubscribe’ or otherwise following the steps provided in the email;
- to withdraw consent for marketing SMS - by following the steps provided in the SMS; or
- by contacting us (go to the ‘CONTACTING US’ section of this Privacy Policy).
Once we receive notification that you wish to withdraw your consent for receiving marketing communications, it may take up to five (5) business days for your withdrawal to be reflected in our systems. Please note you may still receive marketing communications during this period.
If you withdraw your consent to receive marketing communications through a specific communication mode (e.g. SMS) we may still contact you via other communication modes you have subscribed to (e.g. email).
ACCURACY OF YOUR INFORMATION
We take all reasonable steps to ensure that your personal information held by us is accurate, up-to-date, complete, relevant and not misleading. If you believe that any of your personal information is not accurate, up-to-date, complete or relevant, or that it may be misleading, please contact us (see below) and we will take all reasonable steps to correct your personal information within a reasonable time.
THIRD PARTIES & YOUR INFORMATION
We will only collect, store, use or disclose your personal information as set out in this Privacy Policy unless we are required by law to protect our rights or property (or those of any third party), or to avoid injury to any person.
Although the website or other app may link directly to websites or apps operated by third parties (Linked Sites), you acknowledge that Linked Sites are not operated by us. We encourage you to always read the applicable privacy policy of any Linked Site on entering the Linked Site. We are not responsible for the content or practices of the Linked Sites nor their privacy policies regarding the collection, storage, use and disclosure of your personal information.
DISCLOSURE OF INFORMATION OVERSEAS
We may transfer your personal information to people in foreign countries to fulfil our business purposes, for example for the purposes of processing. By providing your personal information you consent to this transfer.
YOUR CONSENT
By giving us your information to sign up to our loyalty program in store, or through your use of the website, other applications or platforms, you consent to the collection, storage, use and disclosure of your personal information in accordance with this Privacy Policy and as otherwise permitted under the Privacy Laws.
STORAGE & SECURITY OF PERSONAL INFORMATION
We will use all reasonable endeavours to keep your personal information in a secure environment, however, this security cannot be guaranteed. We have put in place various methods including firewalls, pass worded access and encryption software to ensure your personal information is not subject to misuse, loss, unauthorised access, modification or disclosure.
If we no longer need your personal information, unless we are required under Australian or New Zealand law or a court or tribunal order to retain it, we will take reasonable steps to destroy or de-identify your personal information in accordance with our document retention policy.
Information collected through employment applications
In processing applications for employment, we collect resumes, references, certificates of graduation and qualification and other personal information about candidates. We may also provide your application to a recruitment agency or contractor that may assist in reviewing applications we receive.
Letters and resumes sent to us as part of an application for an advertised position, or sent to ascertain whether any positions are available, will be used to match applicants with available opportunities. If we consider that your application may be suitable to our current requirements, we, or a party acting on our behalf, will notify you and may also contact persons nominated by you as referees and ask them questions in relation to you. If your application is not suitable for our current requirements, but we feel that there may be a position for you in the future, we may keep a record of your application and contact you again if a suitable position becomes available. Please advise us if you prefer that we do not retain your information for this purpose.
VARIATION
We may vary the terms of this Privacy Policy at any time. You should check this Privacy Policy regularly so that you are aware of any variations. You will be deemed to have consented to such variations by your continued use of the website, online apps, platforms or continued subscription to our marketing communications or loyalty programs, following such changes being made.
ACCESS, UPDATE OR CORRECT INFORMATION
Should you wish to access, update or correct personal information supplied to us, you may contact our Privacy Officer using one of the methods set out below under “How to contact us”.
There is no cost to request or update your information but we may charge you a reasonable fee to cover our costs in locating and extracting that information to supply it to you. You have the option to either not identify yourself or to use a pseudonym when you contact us, unless it is impractical for us to communicate with you in that manner or if we are required or authorised under Australian or New Zealand law, or a court or tribunal order, to deal with individuals who have identified themselves.
HOW TO CONTACT US
You can contact us by sending an inquiry to:
Privacy Officer
Accent Group Limited
2/64 Balmain Street, Cremorne VIC 3121
or
via our website contact form available here https://www.hoka.com/en/au.
COMPLAINTS AND FURTHER INFORMATION
If you believe we have breached your privacy and would like to make a complaint, or you have any feedback, questions or concerns about our Privacy Policy or practices, please contact us using the contact information above. If you are making a complaint, please provide details of any specific incident so that our Privacy Officer can fully investigate the complaint.
Once the Privacy Officer receives a complaint they will commence an investigation with the relevant business unit. We may contact you to discuss your concerns and outline options about how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner, and will treat your complaints confidentially. We will contact you to inform you of the outcome of the investigation. If a breach is found, the Privacy Officer will work with our management so that the process can be rectified to prevent any further breaches from taking place.
If you are not satisfied with the outcome of your complaint or if you feel your privacy has been breached, you may make a complaint to the Office of the Australian Information Commissioner (OAIC). The OAIC can be contacted at either www.oaic.gov.au or by calling 1300 363 992.
