Terms of Trade

Spirited Gifts Terms of Trade

1. About these terms

1.1 This Website is owned and operated by Spirited Gifts Limited (“Spirited Gifts”).

1.2  These Terms (“Terms”) apply to your use of this Website, your use of our E-commerce Service, and any Orders you place through our Website or by other means. Your use of this Website and/or the placement of an Order signifies your acceptance of these Terms.

1.3 When placing an Order you will be asked to accept or decline these Terms. You must accept these Terms before you make a payment using this Website’s e-commerce facility. 

2. Definitions

2.1  In these Terms, unless the context otherwise requires:

(a) E-Commerce Services means the services available through the Website by which money may be paid to us by credit card transaction and E-Commerce Process shall mean the process by which those services are provided.

(b) Delivery Date means the date estimated by us when the Gifts are to be delivered, time not being of the essence.

(c) Gifts means the products which you purchase from this Website.

(d Order means an order placed through this Website for Gifts.

(e) Website means the website operated by us, Spirited Gifts.

3. Children

3.1 We do not sell products to or offer services for children. If you are under 18, you may use this site only with the involvement of a parent or guardian.

3.2  Alcohol will not be sold to any person under the age of 18 and we may request proof of age before fulfilling any order for the sale of alcohol.

4.  Intellectual property

4.1 We are the proprietor of the Spirited Gifts’ trademark used on this Website and get-up, and you may not use it without our express permission. 

4.2 We are also the owner or the licensee of the copyright in this Website, its contents, and images and no part of this Website may be reproduced without our express permission or the permission of the copyright holder.

5. Use of E-Commerce Services

5.1 You agree not to use our E-Commerce Services for any improper, injurious, offensive, or unlawful purpose.

5.2 In using our E-Commerce Services, you represent and warrant that you are over 18 and have legal capacity to contract in New Zealand. If you are using a credit card, you represent and warrant that the credit card is issued in your name and that you shall pay to the credit card issuer all charges incurred using our E-Commerce Services.

5.3 Upon completing a transaction using our E-Commerce Services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct including delivery address. You should print the transaction confirmation for future reference and your files. We shall have no liability for Orders which are incorrect as a result of inaccurate data entry in the course of providing E-Commerce Services or for loss of data or information caused by factors outside of our control.

6. Delivery of the Gifts

6.1 Delivery of the Gifts shall be made to the delivery address submitted with the Order on the Delivery Date. You shall make all arrangements to take delivery of the Gifts whenever they are tendered for delivery.

6.2 You must notify us of any loss or damage to the Gifts within two days of receipt and the Gifts shall be held for inspection to enable a claim to be made on the carrier. You shall immediately notify us if the Gifts are not received within 7 days of the Delivery Date.

6.3 We shall not be liable to you for late delivery or short delivery of the Gifts.

6.4 You shall be deemed with acceptance of the Gifts 48 hours after delivery.

6.5 After acceptance, you shall not be entitled to reject the Gifts which are not in accordance with the Order.

6.6 When you accept, or have been deemed to have accepted any Gifts, then Spirited Gifts shall have no liability whatever to you in respect of those Gifts.

6.7 We may deliver the Gifts by separate instalments.

6.8 Your failure or refusal to take delivery or to pay for any one or more of the said instalments of the Gifts on the due dates shall entitle us (at our sole option):

(a) Without notice to suspend further deliveries of the Gifts pending payment; and/or

(b) To treat the Order as repudiated.

7. Guarantees

7.1 Where the Gifts are of a kind commonly acquired for personal, domestic or household use or consumption and the Consumer Guarantees Act 1993 applies to an Order;

(a) If any of the Gifts fail to comply with any guarantee in the Consumer Guarantees Act, we will replace those Gifts.

(b) Without excluding our obligation under the Consumer Guarantees Act 1993, you acknowledge that we do not provide any express guarantees (as defined in that Act) other than those expressly confirmed by us in writing.

7.2 If the Gifts are acquired by you for a business purpose, you agree that the Consumer Guarantees Act 1993 does not apply.

7.3 The following terms apply where the Consumer Guarantees Act 1993 does not apply to an Order or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:

(a) Defective Gifts or Gifts which do not comply with an Order may, at our discretion, be replaced, or the price refunded.

(b) Any right which you may have to reject non-confirming or defective Gifts will only be effective if:

(i) You notify us in writing within 48 hours following delivery and we are given the opportunity to inspect the Gifts, and the Gifts are returned un-used, re-saleable and/or in the condition you received them.

(ii) We will not replace or refund the Price for so long as you are in default in relation to any amount owing.

(c) We accept no liability for any claim by you, or any other person including, without limitation, any claim relating to or arising from:

(i) Any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for purpose, tolerance to any conditions, merchant ability or otherwise, whether expressed or implied by law, trade, custom or otherwise, or:

(ii) Any representation, warranties, conditions, or agreements made by any agent or representative which are not expressed confirmed by us in writing, or any services forming part of the supply of the Gifts which have been performed by any third party.

7.4       Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993, except to the extent permitted by that Act and these terms are to be modified to the extent necessary to give effect to that intention.

8. Refunds Policy

8.1 Unless our terms of trade provide otherwise, a refund will only be provided when it has been proven that:

(a) there has been an overpayment.

(b) Gifts delivered to you are damaged or defective.

8.2 If your refund request is accepted, the refund will be transferred back to the originating credit card or held to your credit against future sales. No cash refunds will be given.

9. Privacy

9.1 You authorise us to collect information about you (including information about transactions processed by you) from time to time through the Website. Any such information collected shall be treated in accordance with our Privacy Policy.

9.2 We also use a payment gateway operated by Stripe.com.  They will also collect information about you (including information about transactions processed by you) from time to time through the Website. Any such information collected shall be treated in accordance with their Privacy policy which can be found at https://stripe.com/nz/privacy

9.3 Your use of our E-Commerce Services means that you agree to provide information through electronic means. This means you agree to provide any relevant information in the format and to the standards described for each transaction. It also means you agree and understand that the information will be retained in electronic form.

9.4 We may contact you directly to confirm your credit card details.

10. Security

10.1 Our E-Commerce Services are provided through a secure website using SSL (secure socket layer) encryption. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website (including credit card information) may be read or intercepted by others, even where a Website is stated as being secure. Neither we nor Stripe.com shall have any liability for the interception or ‘hacking’ of data through the Website by unauthorised third parties.

11. Limitation of Liability

11.1 Whilst Spirited Gifts has made every effort to ensure that this Website provides accurate information, the Website is provided on an “as is” basis and the information provided is for general guidance only and does not constitute advice of any kind. 

11.2 We make no representations or warranties of any kind with respect to this website or its contents.  In particular, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this Website.  The information contained in this site may contain technical inaccuracies, typographical errors or may be out of date.  Our liability for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

11.3 Notwithstanding this, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.

11.4 We accept no liability or responsibility for the refusal or reversal of payments which are matters between you and your credit card provider.

11.5 We cannot warrant that the E-Commerce Process, and/or your use of our E-Commerce Services will be faultless, immediate, continuous, and virus free, nor that information provided through the E-Commerce Process will be complete, accurate or up to date. We will endeavour, however, to ensure the E-Commerce Services are always available, subject to maintenance.

11.6 Subject to any rights which you may have under the Consumer Guarantees Act 1993, except as expressly prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even where we have been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, we are found to be liable to you for any damage or loss which arises because of your use of the Website or the E-Commerce Services, our liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser. Otherwise, the Consumer Guarantees Act 1993 is excluded to the fullest extent permitted by law.

12. Right to suspend, alter or cancel e-commerce service

12.1 We shall be entitled at any time without prior notice or any liability to you, to alter, cancel or suspend any or all E-Commerce Services temporarily or permanently and/or to substitute alternative services, which may or may not be interactive or transactional in nature.

13. Force majeure

13.1 Neither party shall be liable for any default due to any act of God or civil disturbance, malicious damage, strike, lock-out, industrial action, fire, flood, drought, extreme weather conditions, pandemic, epidemic, compliance with any law or governmental order, rule, regulation, direction or any other circumstance beyond the reasonable control of either party.

13.2 Each party shall give notice forthwith to the other upon becoming aware of a force majeure event, the notice to specify details of the circumstances giving rise to the force majeure event.

14.  Amendment

14.1 The Terms of Use may be altered or reviewed by us, with or without notice. You should check and read these Terms carefully each time you use our E-Commerce Services.

15. New Zealand website

15.1 By listing your place of residence and delivery address in our online form, you are representing to us that you are a resident of New Zealand. This is a representation on which we reply prior to accepting your offer to purchase our advertised Gifts.

15.2 These Terms are subject to New Zealand law, and you irrevocably accept the jurisdiction of the New Zealand Courts.

15.3 This site only delivers gifts within New Zealand.