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Terms and conditions

TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of Giftop.nz (the "Site"). This Site is owned and operated by Giftop Limited. This Site is an ecommerce website.    

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property      
All content published and made available on our Site is the property of Giftop Limited and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

User Contributions      
Users may post the following information on our Site:

  • Rate products.      
     

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Accounts      
When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and      
     
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.      
     

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods      
These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

  • Gifts.      
     

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Third Party Goods and Services      
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

User Goods and Services      
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.

Subscriptions      
Your subscription does not automatically renew. You will be notified before your next payment is due and must authorise that payment in order for your subscription to continue.

Payments      
We accept the following payment methods on our Site:

  • Credit Card.      
     

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.    

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery      
When you purchase goods from our Site, the goods will be delivered through one of the following methods:

  • NZ Post.      
     

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.    

Shipping Limitations    
Please note that we currently only offer shipping services to New Zealand. Thus if a customer has placed an order for delivery outside of New Zealand, we are unable to fulfill that request.

In such cases, after a successful payment, a refund will be initiated through the original paid card and a transaction fee will be deducted from the refund amount. The transaction fee is calculated as 2.9% of the product's price plus an additional 30 cents (after tax), all in New Zealand dollars. To provide a clearer example, the applicable transaction fee for the refund will be $3.20 NZD, in a case of purchasing a product worth $100.

Refunds      
Refunds for Goods    
Refund requests must be made within 5 days after receipt of your goods.

We accept refund requests for goods sold on our Site for any of the following reasons:

  • Good is broken; or       
  • Good does not match description.

Refunds do not apply to the following goods:

  • Subscription cards, Gift cards.

Refund fees

The customer is responsible for any applicable refund fees or associated charges, if:

  • If the customer has chosen the incorrect product or wishes to make an exchange for any reason other than cases involving a defective product or inaccurate description on our website.
     

Refund fee amount

In the event of a refund, 7% of the total paid amount will be deducted if:

  • If the customer has chosen the incorrect product or wishes to make an exchange for any reason other than cases involving a defective product or inaccurate description on our website.

Returns      
Returns can be made by mail. To return a good by mail, follow the following procedure:    
Write us an email and describe the issue with detailed info, within 3 working days after you received the product. 
After we reviewed the details, we will inform you how to return the product.    
After we approved, Pack your goods and attach the return label that was included in your package. Go to your nearest post office and pay the necessary postage.

We only accept returns for

  • New Items

Return fees
Giftop is only responsible for the shipping costs if:

  • Good is broken; or       
  • Good does not match description.

For any other returns, customers are responsible for covering all associated fees and charges.

Consumer Protection Law      
Where the Consumer Gurantees Act 1993 , the Contract and Commercial Law Act 2017 , or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites      
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability      
Giftop Limited and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity      
Except where prohibited by law, by using this Site you indemnify and hold harmless Giftop Limited and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law      
These Terms and Conditions are governed by the laws of New Zealand.

Severability      
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes      
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details      
Please contact us if you have any questions or concerns. Our contact details are as follows:    

hello@giftop.nz

Effective Date: 1st day of June, 2023

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