Terms & Conditions

Website: www.gifttree.co.nz
Business Name: Gift Tree / Gift Tree NZ / Gift Tree NZ Limited / we / us / our

These Terms & Conditions govern your access to and use of our website, including any purchase of products through www.gifttree.co.nz and related pages, services, features, or content made available by us. By accessing our website, creating an account, or placing an order, you agree to be bound by these Terms & Conditions and our Privacy Policy.

If you do not agree, you must not use this website.

1. Eligibility and Website Use

You may use this website only if you are legally capable of entering into binding contracts under New Zealand law. By using this website or placing an order, you represent and warrant that:

• you are at least 18 years old or otherwise legally capable of entering into a binding contract;
  
• all information you provide is true, accurate, current, and complete;
  
• you are authorised to use the payment method supplied; and
  
• your use of the website does not breach any applicable law, regulation, or third-party right.
  

We reserve the right to refuse service, suspend access, cancel orders, or terminate accounts at our sole discretion where we reasonably suspect fraud, misuse, unauthorised activity, breach of these Terms, or conduct that exposes us to legal or commercial risk.

2. Business Model and Fulfilment Structure

Gift Tree operates using a hybrid retail and supplier-fulfilment model.

Some products are stocked by us in New Zealand for faster dispatch. Other products may be sourced or fulfilled through third-party suppliers, distributors, warehouses, or fulfilment partners in New Zealand or overseas.

By placing an order, you acknowledge and agree that:

• some products may be dispatched directly by third-party suppliers;
  
• one order may be shipped in multiple parcels;
  
• stock availability may change after an order is placed;
  
• product packaging, labelling, branding, and presentation may vary depending on the supplier or fulfilment route used.
  

3. Product Listings, Images, Descriptions, and Availability

We make reasonable efforts to ensure product titles, descriptions, images, specifications, dimensions, colours, materials, and availability are presented as accurately as possible. However:

• product photographs, mock-ups, renders, and lifestyle images are for general illustration only;
  
• actual products may differ from website images due to supplier updates, manufacturing changes, packaging revisions, screen settings, lighting, photography, or batch variation;
  
• colours, finishes, textures, patterns, dimensions, accessories, materials, and minor design details may vary;
  
• props, décor, or presentation items shown in images are not included unless expressly stated in the product listing.
  

We do not guarantee that any delivered product will be identical in every respect to the website image or product description.

All products are offered subject to availability. We reserve the right to withdraw, update, discontinue, replace, or amend any product listing, specification, image, or description at any time without prior notice.

4. Product Sourcing, Variations, and Substitute Fulfilment

Because we source products from multiple suppliers, we reserve the right, at our sole discretion, to fulfil an order using the same product or a substantially similar product from an alternate supplier where necessary due to:

• stock shortages;
  
• supplier unavailability;
  
• discontinued items;
  
• manufacturing updates;
  
• packaging or branding changes;
  
• import or freight issues;
  
• logistics or fulfilment constraints; or
  
• other operational circumstances beyond our reasonable control.
  

Permitted variations may include differences in:

• branding;
  
• packaging;
  
• labelling;
  
• colour tone;
  
• finish;
  
• pattern placement;
  
• minor design details;
  
• dimensions within reasonable manufacturing tolerances;
  
• included accessories; and
  
• material composition.
  

Where reasonably practicable, we may notify you of a significant supply issue or substitution before dispatch. However, prior notice is not guaranteed in every case, particularly where a substantially similar substitute is supplied to complete your order efficiently.

A product will not be considered faulty, misrepresented, or not in accordance with its description solely because of a reasonable supplier-related variation permitted under these Terms, provided the item remains of substantially similar type, intended use, and approximate value.

Nothing in this clause limits any rights you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law that cannot lawfully be excluded.

5. Orders and Acceptance

When you place an order, you are making an offer to purchase the selected product(s) subject to these Terms.

Receipt of an order confirmation email does not mean your order has been accepted. It only confirms that we have received your order request.

Your order is accepted only when we send a dispatch confirmation or otherwise expressly confirm acceptance.

We reserve the right, at any time before or after payment, to:

• refuse or cancel any order;
  
• limit quantities;
  
• split shipments;
  
• require further verification;
  
• substitute substantially similar items in accordance with these Terms; or
  
• cancel all or part of an order due to stock, supplier, payment, fraud, pricing, shipping, legal, or operational issues.
  

If we cancel an order after payment has been received, we may issue a refund, store credit, exchange option, or other lawful remedy at our discretion, subject to applicable law.

6. Pricing

All prices displayed on the website are in New Zealand Dollars (NZD) unless stated otherwise.

Unless clearly stated otherwise, prices are [inclusive/exclusive] of GST.

We reserve the right to correct pricing errors, product information errors, typographical errors, promotional errors, and shipping errors at any time without prior notice. If an error affects your order, we may cancel the order or contact you with the option to proceed at the correct price.

Prices may change at any time before order acceptance.

7. Payment

By submitting payment details, you represent and warrant that:

• the payment information provided is valid and accurate;
  
• you are authorised to use that payment method; and
  
• you authorise us and our payment processors to charge the total order amount, including shipping, GST, and any other applicable charges.
  

All payments are subject to verification, fraud checks, and approval by the relevant payment provider.

If payment is declined, reversed, disputed, charged back, or otherwise not completed, we may suspend fulfilment, cancel the order, recover losses, and refuse future transactions to the extent permitted by law.

8. Shipping, Delivery, and Risk

We deliver to locations we choose to service. We may refuse shipment to certain addresses, regions, or products at our discretion.

Estimated shipping and delivery times are estimates only and are not guaranteed. Delays may occur due to:

• supplier processing times;
  
• courier delays;
  
• rural delivery conditions;
  
• customs or import clearance;
  
• incomplete address details;
  
• weather or natural events;
  
• public holidays; or
  
• circumstances beyond our reasonable control.
  

Tracking may not be available for every order or every shipment segment.

You are responsible for providing a complete and accurate delivery address. If an order is delayed, returned, lost, refused, or misdelivered due to incorrect information provided by you, we may require additional shipping and handling charges before reshipment.

Risk of loss or damage passes to you upon delivery to the address provided, except to the extent otherwise required by law.

Nothing in this section limits any rights you may have under the Consumer Guarantees Act 1993 where that Act applies.

9. Split Shipments and Third-Party Fulfilment

Products within the same order may ship separately and may arrive on different dates.

Packaging, return sender details, dispatch location, courier details, parcel branding, or supplier labels may differ from what appears on the website or from your expectations due to our supplier and fulfilment arrangements.

10. Cancellations

We may cancel an order or part of an order before dispatch for any lawful reason, including stock unavailability, supplier issues, fraud concerns, payment verification issues, pricing errors, shipping restrictions, or operational problems.

If you request cancellation, we will try to accommodate the request, but cancellation is not guaranteed once order processing, supplier sourcing, label creation, or shipment preparation has begun.

If we cancel an order after payment has been received, we may issue a refund, store credit, exchange option, or other lawful remedy at our discretion, subject to applicable law.

11. Returns, Exchanges, Refunds, and Store Credit

11.1 General Returns Process

To request a return, exchange, replacement, store credit, or refund, you must contact us within the timeframe stated on the website or, if none is stated, within a reasonable time after delivery.

We may require:

• your order number;
  
• proof of purchase;
  
• photographs or video of the item and packaging;
  
• a description of the issue; and
  
• any additional information reasonably required for assessment.
  

11.2 Change of Mind

Unless required by law, change-of-mind returns are not guaranteed.

If we agree to accept a change-of-mind return:

• the item must be unused, unwashed, undamaged, and in original saleable condition;
  
• tags and packaging must remain intact where relevant;
  
• return shipping is at your cost; and
  
• original shipping charges are non-refundable unless required by law.
  

Approved non-fault returns may be issued as store credit unless applicable law requires otherwise.

Clearance, final sale, personalised, intimate, perishable, hygiene-sensitive, consumable, or custom-made products may not be returned for change of mind unless required by law.

11.3 Exchanges

Where stock and supplier availability permit, we may offer an exchange for the same product or a similar product. Exchanges are subject to availability and our operational discretion.

11.4 Faulty, Damaged, Incorrect, or Not-as-Described Items

If you believe an item is faulty, not of acceptable quality, materially damaged on arrival, materially inconsistent with the core product description, or unfit for its usual purpose, you must notify us promptly and provide supporting evidence.

Where we determine that the product is genuinely faulty, not of acceptable quality, materially damaged on arrival, or materially inconsistent with the core product description, we may, subject to the Consumer Guarantees Act 1993 and other applicable law:

• repair the product;
  
• replace the product;
  
• provide a substantially similar replacement;
  
• provide store credit; or
  
• provide a refund.
  

For clarity, a product will not be treated as faulty or not as described solely because of reasonable supplier-related variations permitted under Section 4.

11.5 Return Shipping

Unless required otherwise by law, return shipping costs are your responsibility except where we confirm that the product is faulty, materially damaged on arrival, or materially incorrect.

We recommend using tracked courier services. We are not responsible for returned items lost in transit back to us.

12. Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other rights that cannot lawfully be excluded.

Where goods are supplied for business purposes and the Consumer Guarantees Act 1993 would otherwise apply, you agree, to the maximum extent permitted by law, that the Consumer Guarantees Act 1993 does not apply.

13. Store Credit

Where we issue store credit, it may be subject to:

• an expiry date stated at the time of issue;
  
• use only on our website;
  
• non-transferability unless we state otherwise; and
  
• cancellation or reversal if issued in error, obtained fraudulently, or connected to a reversed payment.
  

14. Chargebacks and Payment Disputes

Before initiating a chargeback or payment dispute, you agree to contact us and provide a reasonable opportunity to review and respond to the issue.

If you initiate a chargeback or payment dispute, we may provide these Terms, order records, product records, fulfilment records, shipment records, and correspondence to the relevant bank, payment processor, or card issuer.

Where a chargeback is determined in our favour, we reserve the right to recover associated costs to the extent permitted by law.

15. Product Restrictions and Legal Compliance

You are responsible for ensuring that any product ordered is lawful to possess, receive, import, store, and use at your location.

We reserve the right to refuse, restrict, or cancel any order involving products that are prohibited, restricted, unsafe to ship, or impractical to deliver to your address.

16. Website Use Restrictions

You agree not to:

• use the website unlawfully or fraudulently;
  
• interfere with the website’s operation, security, or performance;
  
• submit false or misleading information;
  
• impersonate another person;
  
• upload malicious code, spam, or harmful material;
  
• reproduce, scrape, copy, or commercially exploit website content without permission; or
  
• engage in abusive, threatening, defamatory, or harassing conduct toward our staff or service providers.
  

We may suspend access, terminate accounts, or cancel orders where we reasonably believe this section has been breached.

17. Intellectual Property

All content on the website, including text, graphics, logos, product descriptions, photographs, images, icons, layout, code, videos, and branding, is owned by us or licensed to us and is protected by intellectual property laws.

You may not reproduce, distribute, modify, republish, transmit, display, create derivative works from, or commercially exploit any website content without our prior written consent.

18. Reviews, Feedback, and User Content

If you submit reviews, comments, photographs, suggestions, or other content to us or through the website, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, publish, display, adapt, and distribute that content in connection with our business.

You warrant that any content you submit:

• is accurate;
  
• does not infringe third-party rights;
  
• is not unlawful, defamatory, abusive, obscene, or misleading; and
  
• does not contain harmful code.
  

We may remove or refuse to publish content at our discretion.

19. Privacy

Your use of the website is also governed by our Privacy Policy.

We may collect, use, store, and disclose personal information for purposes including:

• processing orders;
  
• arranging delivery;
  
• customer support;
  
• fraud prevention;
  
• account management; and
  
• legal compliance.
  

We may share information with payment processors, courier providers, fulfilment partners, suppliers, service providers, and professional advisers to the extent reasonably necessary to operate our business and fulfil your order.

We handle personal information in accordance with the Privacy Act 2020.

20. Third-Party Services and Links

Our website may contain links to third-party websites, apps, payment services, courier platforms, or external services. We do not control and are not responsible for third-party content, products, policies, or services.

Your use of third-party services is at your own risk and may be governed by separate third-party terms.

21. Disclaimer of Warranties

To the maximum extent permitted by law, and subject always to any non-excludable rights under New Zealand law, the website and all products and services are provided on an “as is” and “as available” basis.

We do not guarantee that:

• the website will always be available, secure, or error-free;
  
• product listings will always be complete, current, or error-free;
  
• supplier packaging, branding, or specifications will remain unchanged; or
  
• shipments will arrive on a particular date.
  

Nothing in these Terms excludes any guarantee, warranty, or right that cannot lawfully be excluded.

22. Limitation of Liability

To the maximum extent permitted by law, and subject always to any rights that cannot lawfully be excluded, we are not liable for any indirect, incidental, special, or consequential loss or damage, including loss of profits, revenue, opportunity, goodwill, or data, arising out of or related to:

• your use of the website;
  
• any product purchased through the website;
  
• shipping delays, courier issues, customs delays, or supplier disruptions;
  
• third-party supplier actions or omissions;
  
• product variations permitted under these Terms; or
  
• website downtime, errors, or security incidents.
  

To the maximum extent permitted by law, our total liability for any claim relating to a product or order is limited to the amount actually paid by you for the relevant product or order.

23. Indemnity

You agree to indemnify and hold harmless Gift Tree, its directors, officers, employees, contractors, suppliers, affiliates, and agents from and against any claims, losses, liabilities, costs, or expenses arising out of:

• your breach of these Terms;
  
• your misuse of the website;
  
• your breach of any law or third-party right; or
  
• any false, misleading, or unauthorised information provided by you.
  

24. Force Majeure

We are not liable for any delay, interruption, or failure in performance caused by events beyond our reasonable control, including natural disasters, severe weather, pandemics, labour disruptions, supplier failures, freight delays, customs issues, cyber incidents, governmental action, or courier network disruption.

25. Changes to Terms

We may update, modify, or replace these Terms at any time by posting the revised version on our website. The revised Terms take effect from the date of posting unless otherwise stated.

Your continued use of the website or placement of an order after revised Terms are posted constitutes acceptance of the updated Terms.

26. Governing Law and Jurisdiction

These Terms are governed by the laws of New Zealand.

You agree that any dispute arising out of or relating to these Terms, the website, or any transaction with us will be subject to the exclusive jurisdiction of the courts of New Zealand, unless applicable consumer law requires otherwise.

27. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will remain in full force and effect.

28. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Returns Policy, and any additional policies expressly incorporated by reference, constitute the entire agreement between you and us regarding your use of the website and purchases made through it.

29. Contact Information

If you have questions about these Terms & Conditions, contact:

Gift Tree NZ
Email: sales@gifttree.co.nz
Website: www.gifttree.co.nz