Terms & Conditions
Consumers Guarantees Act - https://www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act/
2. Purchasing on our Website
The purchase and delivery of our products is strictly limited to eligible parties residing in New Zealand only, who can lawfully enter into contracts on the internet in accordance with the laws of New Zealand. Additionally, when purchasing our products, you will be required to provide payment details and you represent and warrant to us, that the payment details you provide on ordering are both valid and correct and that you are the person referred to in relation to the information provided or you have authority to make the payment on behalf of the persons’ whose details you have provided. Overseas customers who are purchasing our products for delivery to a New Zealand address, must acknowledge that the final price will be calculated in NZD (New Zealand Dollars) and at the applicable exchange rate on the day your payment is processed. Whether you meet our eligibility terms are at Gift Trees sole discretion.
3. When orders are placed with Gift Tree
Gift Tree offers products for sale that are in stock and available for dispatch from our location in East Auckland, New Zealand. All orders are sold on a first-come, first-served basis and are subject to acceptance and availability. As there is a delay between the time when your order is placed and the time when your order is accepted by us, the stock position relating to particular products may change during this time. If a product you have ordered becomes out of stock before we accept your order, we will notify you as soon as possible, and we will happily refund* by way of store credit to your Gift Tree Account or exchange with a similar product (see Section 9 (a) Returns & Exchanges). Please be aware that products in your shopping basket are not classed as sold until payment has been approved, so, may be purchased by other customers within that time.
Gift Tree is not responsible for any delays, costs or losses, resulting either directly, or indirectly from matters not under its control, including without limitation, due to no destination customs clearance within NZ or caused by the shipping company.
4. Accepted order by Gift Tree
Once your order has been placed, you will receive an email acknowledging the details of your order. The email is just a confirmation that we have received it, it has not yet been processed. Upon acceptance of your order with Gift Tree, we will then email confirmation, that your order has been processed and dispatched.
We aim to dispatch all orders within 3 business days from the date you placed the order (excluding Saturdays and Sundays and NZ Public Holidays). Please be advised, we will also close for periods of time over the christmas holidays every year. We will post relevant dates on our website regarding, when your order will be processed.
We reserve the right NOT to accept your order in the event we are unable to obtain payment, shipping restrictions apply to your product, the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn or that you do not meet our eligibility criteria or at our sole discretion.
We may also refuse to accept a transaction for any reason and at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any of our products from our website (whether or not those products have been sold), removing, screening or editing any materials or content on our website, refusing to accept an order or suspending any transaction after processing has begun.
5. Gift Tree Pricing Policy
Gift Tree has a policy of continuous improvement and reserves the right to modify features and pricing at any time without prior notice and all listed prices are valid, except in cases of obvious error. All prices and offers displayed on our website are in New Zealand dollars (NZD) and are inclusive of GST. Product may vary from images shown. Overseas customers who are purchasing our products for delivery to a New Zealand address, must acknowledge that the final price will be calculated in accordance with the applicable exchange rate, on the day your payment is processed (for example, for customers paying by credit card this will be the date your credit card company processes the transaction). All orders will only be shipped to addresses within New Zealand. Further more if any suggestions or notes, as part of our continuous improvement processes, we welcome your feedback. Email - email@example.com.
- Your privacy is important to us and will be collected and used in accordance with the Privacy Act 1993. It is Gift Trees policy to respect your privacy regarding any information we may collect from you across our website, www.gifttree.co.nz, and other sites we own and operate.
- We only ask for personal information required to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent.
- We only retain collected information for as long as necessary to provide you with your requested service. The data we store, will be protected within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.
- We don’t share any personally identifying information publicly or with third-parties, except when required to by law.
- Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
- You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
- Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
- You are entitled to review your personal information that we hold and to request that these details are updated from time to time.
7. Your payment processes
Payment can be made by Visa or Mastercard and Afterpay. All Payments with Visa and Mastercard will be debited and cleared from your account prior to dispatch of your order by Gift Tree. You confirm that the credit/debit card used is yours, or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
All Payments made or paid forward with Afterpay are subject to Afterpay’s terms and Conditions policy, not Gift Tree. If the issuer of your Credit/Debit and Afterpay payment refuses to authorise payment to Gift Tree, we will not be liable for any delay or non-delivery of your product.
Security is of importance to us. All credit card transactions on our website are processed using pin payments and a secure online payment gateway that encrypts your card details in a secure host environment. We will take all reasonable care, to keep the details of your order and payment secure but you agree and acknowledge that we will not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
8. Freight & Delivery of your product
All freight is $8 Nationwide and free if you spend over $100 NZD. Once your order is delivered, all risk in relation to the product purchased, passes to you. If you have requested a recipient who is not you for delivery purposes (for example, as a gift) then you accept that delivery at the recipient’s address is evidence of delivery and of your order by Gift Tree. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Gift Tree are not responsible for any delays caused by delivery processes, postal or courier delays or missing items / parcels.
9. Returns & Exchanges
Change your mind? Wish to exchange it? Faulty/Unsaleable? Unfit for Purpose?
If you want to refund* or exchange a product for ‘change of mind’ or another similar reason, you must contact us at firstname.lastname@example.org as per steps listed below, within 5 days of delivery of the product and we must have received the product within 14 days of the date of delivery;
- 1. Describe issue with the product i.e. C’O’M, exchange, faulty, unfit for purpose.
- 2. Indicate whether you would like a refund* to Gift Tree Account or an exchange. If an exchange, please provide details of the replacement item. Please note refunds will only be provided to a Gift Tree account as an online credit.
- 3. Provide us with proof of purchase (email confirmation and payment details to us).
- 4. Refrain from using the product immediately and ensure the item is retained in its original packaging.
- 5. Organise return of the product to us (will be provided through email from us once confirmed)
All product returns are returned at your cost. We advise you to use a track ‘n’ trace courier, for easy tracking for delivery, if product is found to be faulty under Gift Trees ‘faulty product return process’ as per Section 9 (e)1 of Returns & Exchanges, then courier fees will be waived subject to Gift Trees sole discretion. Gift Tree shall not be liable, for any product returned to us which is not delivered/received at our nominated address.
Where possible all products must be returned in their original packaging and/or ensure they are adequately protected in transit (packaging considered part of the product) along with all Gift Tree tags attached (if any). Gift Tree reserves the right to refuse your return if the packaging is damaged or missing.
Understandably products purchased requiring sizing can be daunting at the best of times. An ever-growing child may not fit the product as anticipated and in such circumstances, we are happy to accommodate an exchange for the same item (if in stock) or of a similar product if available. Gift Tree is not obliged to exchange such product and such decisions are at Gift Trees sole discretion. See Section 9 (e) 2. Returns & Exchanges
Returns or exchanges that are damaged or soiled out of package, will NOT be accepted and may be sent back to you and/or a refund* refused and any decisions about whether to accept the product are at our sole and absolute discretion.
(*) Meaning - Where Gift Tree accepts a product for refund, this will be processed to your Gift Tree account by way of store credit only. This will be held for a period of 6 months, after which, if unused, will be automatically forfeited by you.
9(e) Faulty Product Return Policy -
1. Faulty or not of saleable quality – Where product is materially flawed when purchased and does not meet our Quality Control Standards, or not in accordance with the product description, your purchase will be subject as Section 9 (a) of Returns and Exchanges. Return Courier fees will be waived subject to Gift Trees Discretion.
2. Unfit For Purpose – Where product doesn’t do what you reasonably expected it would, nor how the product was described to you prior to purchase. We will accept returns or exchanges as per Section 9 (a) of Returns and Exchanges.
* Please Also Note *
Product damaged as a result of fair wear and tear or through negligence’s of receiver/owner are NOT considered under Section 9 (e)1, (e)2 of Returns and Exchanges, and therefore non-refundable.
Gift Tree makes every effort to display as accurately as possible all products that appear on our website. Gift Tree is not responsible nor guarantee, that your monitor's display of any colour will accurately reflect the colour of the product on delivery. All descriptions will depict what is pictured as best we can and therefore, will NOT be considered under Section 9 (e)1, (e)2 of Returns and Exchanges and therefore non-refundable
10. Gift Tree Intellectual Property Rights
You acknowledge and agree that any and all trade marks, copyright, designs, the ‘look and feel’ of our website, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, software and all html and other code contained in our website and all other intellectual property remains at all times vested in Gift Tree and/or are the property ‘of’ and must not be used in any manner without the prior written consent of Gift Tree Ltd
11. Your Obligations and Responsibilities
When accessing and using our website, you agree to comply with these Terms and any special warnings or instructions posted by Gift Tree on our website from time to time. You will always act in accordance with the NZ law, custom and in good faith. You may not make any change or alteration to our website or any content or services that may appear on our website and may not impair in any way the integrity or operation of our website.
12. Termination of Account
- If you wish to terminate your account, simply email us at email@example.com and request remove your account and we will take it from there.
- Gift Tree reserves the right to terminate any user in breach of these Terms and/or in breach of NZ Laws around code of conduct towards us and other users or members. We reserve the right to deny you access to our website, or a part of it, at any time without notice to you and at our sole discretion. If we deny you access to our website, it may be on a temporary or permanent basis.
13. Third party advertising and links to external websites
The Gift Tree website may, from time to time, contain links to other websites, including links to other websites or resources operated by third parties, including advertisers. Gift Tree has not reviewed all websites linked to its website and does not necessarily sponsor, endorse or approve of any of the advertising, products, services or other materials on, or available from such websites.
Gift Tree makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any advertising, products, services or other materials on external websites to which its website is linked. Gift Tree also makes no warranties or representations that the advertising, products, services or other materials on the websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world and Gift Tree is not authorising infringement of any such rights by linking to such websites.
14. Continuous Improvement by Gift Tree
Gift Tree is an ever evolving and developing online business and is continuously striving to improve in order to provide the best products and services to its customers. Gift Tree reserves the right to, change and update, these terms and conditions from time to time, to reflect its changing business. Gift Tree will not increase your liability to Gift Tree when changes are made to the terms and conditions and Gift Tree will notify you of all updates to its terms and conditions as soon as possible. All amended terms and conditions will apply from the date posted on our website. You agree that Gift Tree is not obligated to provide you with notice about changes and does so at its own discretion and you further agree that it is your responsibility to check the terms and conditions for any changes. If you do not agree to any amended or updated terms and conditions, then you must immediately stop using our website and/or notify for termination of account (if applicable see Section 12).
15. Your Indemnity
You agree to indemnify, defend and hold harmless Gift Tree and its staff, directors, agents, affiliates, licensors, suppliers and subsidiaries from and against, all liabilities, losses, damages, costs and expenses, directly or indirectly incurred or suffered by Gift Tree as a result of any breach of these Terms, by you, or any other liabilities arising from your use of our website and from all actions, proceedings, claims and demands made or brought against Gift Tree and its officers and directors, agents, affiliates, licensors, suppliers and subsidiaries.
16. Promotions & Competitions
Any Gift Tree promotion and competition can only apply and be redeemed within NZ. We will, on occasion, use your personal information for advertising purposes ( i.e. announcement of a winner of an online competition ). All promotions and competitions are redeemed separately unless stated otherwise by us.
17. Contact Us
You can contact Gift Tree by any of the following methods:
Mob: 021 0899 9929
You agree that Gift Tree can contact you via any of the contact details you provided (including your postal or home address, your email address and your fax number) as advised by you to Gift Tree when you register with us (or any other contact details you advise in writing to Gift Tree) at a later date.
18. Transferring the terms and conditions to a new party
Gift Tree may assign or subcontract these terms and conditions and any of its rights and obligations under these terms and conditions to a third party without your prior consent.
You may not assign your rights or obligations under these terms and conditions except with the prior written consent of Gift Tree Ltd.
19. In the extreme event
In any extreme event, circumstances or things beyond reasonable control causing either party unable to perform, in whole or in part, any obligation under these terms and conditions, then that party is relieved of that obligation to the extent and for the period of time that it is so unable to perform and is not to be liable to the other party in respect of such inability.
20. Delays in Gift Tree enforcing its rights
Any failure by Gift Tree to enforce its rights under these terms and conditions (or which Gift Tree, has the benefit of under any applicable law) or any forbearance, delay or indulgence granted by Gift Tree to you will not be construed as a waiver of either parties’ rights and/or obligations under these terms and conditions and the applicable remedies will still be available to Gift Tree.
21. These terms and conditions are independent of one another
If any provision of these Terms do not comply with any applicable law and as a consequence, is illegal, invalid or unenforceable then where the offending term can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the minimum extent necessary to achieve that result. in any other case, the offending term must be removed from these terms and conditions, in which event the remaining provisions of these terms and conditions will continue to operate and be valid and enforceable.
22. Toy Safety Standards and Regulations
Gift Tree abides by NZ Laws regarding all toys we sell, as meeting the safety standards as required by NZ Law under ‘The Product Safety Standards (Children's Toys) Regulations 2005 (Regulations) who set that safety standard’ as AS/NZS ISO 8124.1:2002 Safety of toys;
Thank you for taking the time to read our terms and conditions and we hope you enjoy your shopping experience with Gift Tree!