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.
