Terms & Conditions
1. Introduction
Your use of this website and your purchase of any GoldieBox products is subject to the following Terms and Conditions. By using this website you confirm that you have read, understood and accepted these Terms and Conditions and you agree to be bound by them. If you do not accept these Terms and Conditions, then please refrain from using this website.
We may amend the Terms and Conditions at any time by updating them on this website. These will take immediate effect upon publication, and by continuing to access the website you agree to be bound by them.
We will supply goods and services to you on these Terms and Conditions unless we have expressly agreed in writing to a variation of them.
2. Definitions
Credit Card Account means your Visa or MasterCard account as notified to us in your order form;
Taxes refers to goods and services tax payable under the A New Tax System (Goods and Services Tax) Act 1999 and NZ GST ACT 1985.
Intellectual Property includes (without limitation) any right to, and any interest in, any patent, design, trade mark, trade name and all goodwill rights associated with such works, copyright, trade secrets and any other proprietary right or form of intellectual property (protectable by registration or not) in respect of any know-how, technology, concept, idea, specification, formula, drawing, photograph, image, document, programme, design, system, process, logo, mark, style or other thing of similar nature, conceived, used, developed or produced by any person;
Person includes a corporation, association, firm, company, partnership or individual;
Product means the products on this website which you may order from us;
Service means the GoldieBox online service governed by these Terms and Conditions;
Site means the GoldieBox website found at goldiebox.co.nz and goldiebox.com;
Terms means these terms of sale;
We, our, us means GoldieBox Ltd its agents, representatives, successors and assigns; and
You, your means the person placing the order for Products on this website pursuant to these Terms, including that person’s successors and assigns.
3. Ordering
You must only order Products in accordance with the instructions on this website and pay for the Products in full (without set-off or deduction of any kind) by authorising us to charge your Credit Card Account.
You warrant that you are authorised to use your Credit Card Account by the relevant credit card company.
All items are offered for sale subject to availability. If you see an “Out of Stock” sign on an item then contact us by emailing kieran@goldiebox.co.nz and we will give you an estimated date of our new stock arrival.
If on receipt of your order the item(s) you have ordered are not in stock, we will inform you as soon as possible and cancel your order.
While we will endeavour to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the Products in your order. We make every effort to illustrate and describe our products as best as possible but, due to the nature of the curated giftbox service we offer, we reserve the right to substitute items in your order for goods of equal or greater value.
No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any Product or information contained on the Site without notice.
We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.
For transactions shipped within New Zealand your credit card will be charged by “GoldieBox”.
GoldieBox does not currently sell or supply alcohol. However, should this change in the future, by law we cannot sell or supply alcohol to persons under the age of 18 years. When you place an order for alcohol you confirm that you, and the recipient, are both aged 18 years or over. Proof of ID may be requested at the time you place your order or at the time of delivery.
4. Price and payment
All prices displayed on goldiebox.co.nz and goldiebox.com are represented in New Zealand Dollars and must be paid for in New Zealand Dollars. GoldieBox is not currently GST registered. Delivery is excluded unless otherwise stated.
We make every effort to ensure prices are accurate at the time you place your order. If an error is found we will contact you as soon as possible and offer you the option of confirming your order at the correct price, or cancelling. We reserve the right to alter prices for any reason at any time.
Products displayed will be purchased using a secure online Visa or MasterCard transaction facility.
5. Promotions and offers on this site
Any promotion or offer may not be used in conjunction with another unless otherwise stated. Promotions and offers are subject to availability and GoldieBox reserves the right to revoke promotions and offers at any time and for any reason without notice.
GoldieBox reserves the right to run promotions and offers for set periods of time and in specific geographies and not others if it so chooses.
Free gifts cannot be exchanged for cash, resold by the purchaser, or returned for a refund or replacement unless the product is faulty.
Any decision made by GoldieBox regarding promotions and offers on the site is full and final.
6. Delivery
We currently only deliver within New Zealand. We are proud to supply amazing products from amazing businesses and endeavour to ensure that these products leave us in good condition. We use third parties to deliver our products so please contact us immediately if our product has been damaged in transit.
We will deliver the Products to the premises nominated in your order at your cost, unless provided as a promotion, within a reasonable time of accepting your order. If you have specified a delivery date, we will try our very best to deliver the Products to you by that date. However should there be issues with delivery, we will not be liable to you for late delivery. Late delivery does not entitle you to cancel any order or part of any order.
All Products are sent with a signature required upon delivery as standard. Delivery will be deemed to have been made when a signature is received at the address nominated in your order. If you would like the courier to leave the parcel without a signature, please leave instructions when checking out.
We will re-deliver, replace or refund the Product if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address or if there was no delivery due to the premises being inaccessible (e.g. building works, dog etc).
7. Title and risk
We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products. The Products are at your risk as soon as they leave our premises for delivery to you.
8. Our obligations to you
The material and information contained on the Site is supplied to enable you to make your own determination as to a Product’s suitability for your purposes prior to placing an order. Nothing on the Site is to be construed as a recommendation to use any Product.
You agree that we, and anyone that we are responsible for, are not liable to you at law, by statute, in equity or otherwise arising from our relationship for any loss (including, without limitation, loss of profits), cost, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, the supply or non-supply of the Products, for any breach of our obligations under these Terms and Conditions, or for any other reason which relates to these Terms or the Products.
If, despite the other provisions of these Terms and Conditions, we are found to be liable to you then, without limiting your obligation to indemnify us in accordance with these Terms and Conditions, our liability for any single event or series of related events is limited to the amount you paid for the Product which gave rise to your claim.
You confirm that these Terms and Conditions are reasonable having regard to the price payable for the Products and their nature.
9. Returns and refunds
In the unlikely event that your gift arrives damaged or faulty, please contact us as soon as possible by emailing hello@goldiebox.co.nz and we will make arrangements for the gift to be returned and either replaced or refunded.
You must pay all costs of returning Products to us, however, we will refund those costs if we accept the return of Products due to damage or fault. All Products returned must be in their original condition and packaging (except for defective or faulty Products) along with any accompanying accessories and an explanation for returning the Products.
Unfortunately we are unable to refund for ‘change-of-mind’ purchases, due to the nature of our goods.
If you have any problems regarding your order, please contact us by emailing hello@goldiebox.co.nz
10. Copyright
All of the content included on this website, including, but not limited to, trademarks, text, graphics, logos, icons, images, and software is the property of GoldieBox, or third parties (suppliers, business partners) that have licensed such content to us, and is protected by New Zealand and international copyright laws. Unauthorised republication or redistribution of any of the content available on this website by any means is prohibited.
11. Indemnity
You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the Site, or the supply or non-supply of Products.
You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:
a breach of these Terms and Conditions by you; or
the infringement by you, or another user of the Service using your name and password, of any intellectual property or other right of any person or entity.
We reserve the right to refuse access to the website, terminate accounts, remove or edit content (without notice), or cancel orders (without charge to you) at our discretion. We will endeavour to supply you with the goods or services ordered, but we will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order. We reserve the right to substitute items in your order for goods of equal or greater value.
12. Privacy
In completing and submitting an order for Products, you will be providing us with personal information. Your information and any other personal information that you may provide to us will be held by us in accordance with our Privacy Policy, and will be used for management purposes, to process your order (and any future orders you may make), to enforce any legal or other rights we may have against you in any manner that we see fit, and to keep you informed about new products, specials and other information that may be of interest to you, including without limitation via electronic messages.
If the information is not provided your order may not be processed.
13. Third party links
The website may contain links to other sites on the Internet that are owned and operated by third parties. We are not responsible for the operation of, or the content on, any such site.
14. Force Majeure
GoldieBox shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of the Terms and Conditions, where this arises out of circumstances beyond the control of GoldieBox including but not limited to acts of God; natural disasters; sabotage; accident; riot; shortage of supplies, equipment, materials; epidemics and pandemics; strikes and lockouts; civil commotion; computer hacking; or malicious damage.
15. Disputes
These Terms, and any matters or disputes connected with this website or service, will be governed by the laws of New Zealand and will be dealt with by the New Zealand courts.
16. About us
www.goldiebox.co.nz is a site operated by GoldieBox. Our email address is hello@goldiebox.co.nz.