Supplier Terms & Conditions
1 Introduction
These terms are in addition to the General Terms and Conditions which you are accepting when you (Supplier, you/your) sign up to be a Supplier on the Giftery (the Giftery, we/our). You are the contracting party with the Gifter.
We are acting as a marketing service, collating including your products (gifts) on our Website. When a gift is chosen from the Website the Gifter is transacting directly with you.
We will issue to the Gifter confirmation of an order being placed and place a hold on the Gifters credit card. When the order is complete we will collect the price on your behalf.
When a GST invoice and the tracking number has been received from you we will issue a statement and GST invoice for the commission, deduct our commission and send the balance on to you in accordance with these terms of trade.
To the extent that your own terms and conditions are inconsistent with the terms and conditions in this Agreement, the terms and conditions in this Agreement will take precedence and apply. We may amend our terms of trade at any time.
2 The Website
2.1 Registration
In order to list gifts on the website you must be accepted by the Giftery and registered with them as a Supplier and complete any steps required to set up your account. You must agree to one of the service packages being offered by the Giftery and keep all payments up to date.
You must act genuinely and in good faith, listing gifts with the intention that they are selected and transacted through the website. You are not to use this website to entice potential customers away or advertise products with the intention of upselling on your website. The relationship between you and the Giftery must be genuine. We are spending our time, energy and money on promoting your gifts on the website and are doing this on the basis that you are acting in good faith.
You must subscribe to Stripe for payments or provide us your bank account details for settlement. You will need to comply with any Anti Money Laundering requirements.
You will need to agree to one of the levels of service specified on the Website when you register as a Supplier.
We are a new service and have lots of exciting plans which we will implement over time. We charge you a commission plus GST and we deduct the bank or stripe fees relating to the transaction from the payment due to you.
The Giftery reserves the right to vary the terms of service and to introduce different service packages and special offers from time to time. This will be advised via our website and listing these services on our website is deemed to be notice to you. Please see of Become a Supplier page on the website for our packages.
We have a clear vision of the types of gifts we want to be promoting. The Giftery reserves the right to remove any gifts which do not meet the standards of the Giftery set from time to time. The Giftery may cancel a Supplier's subscription if, in its sole discretion, we decide the gifts are not representative of the gifts we wish to have on the website or the gifts bring The Giftery into disrepute.
2.2 Listing a gift on the Website
You must ensure any information about your gifts on the Website is correct and that the visual appearance on the Website is an accurate portrayal of your gift and not misleading in anyway.
Images must meet our branding standards and be provided in the format requested of you. You are primarily responsible for providing quality images which meet these guidelines which will be advised from time to time. You may provide promotional shots which can be used on social media platforms and you consent to the Giftery using your images and branding to promote the Giftery.
The Giftery is a premium gifting website. We choose our Suppliers carefully. We take pride in the gifts listed on the website and the relationships we have with our Suppliers. We have expectations of the nature and quality of gifts that we will promote, their presentation, packaging and delivery. To maintain our standards, we do not accept certain gifts being listed for sale and we reserve the right to remove any gifts which we believe do not uphold our standards, are not appropriate or fall within the categories of weapons of any kind, drugs, tobacco or vaping gifts.
2.3 Pricing
All prices on the website must show any shipping or delivery costs and include any GST.
You must ensure that your gifts are priced on the Giftery at no greater price than you would offer on any other platform including direct sales through your own website (if any). We may collect pricing information from your website and update pricing accordingly or suspend your listings if the prices are not consistent.
Shipping or delivery costs must be separately itemised and you must ensure any additional costs for specific areas in New Zealand are specified in your listing.
2.4 Availability
You must keep your listings up to date.
You must take reasonable steps to ensure that any gifts listed on the Website are in stock and that you can fulfil the delivery of gift expeditiously. You cannot list gift you that is out of stock or which you do not have an immediate source of supply.
2.5 Promotions
You may apply to be included in promotions on the Website. These will be launched from time to time and will relate to specific events or anniversaries. Inclusion in these promotions will incur a cost which we will advise you of when we invite you to be a part of the promotion.
The Giftery may elect to include your gift in a promotion on the basis that there is no loss to you in doing so, unless you have agreed to the application of a discount or other arrangement.
2.6 Transacting with the Gifter/Giftee
You are the 'supplier' of the gifts under the Consumer Guarantees Act 1993 and are responsible for all statutory guarantees and warranties (if any) and you will comply with those obligations swiftly and reasonably. Your contract for the sale of goods is with the Gifter. We will collect the payment from the Gifter on your behalf.
When your gift is selected by the Giftee you will need to issue a GST invoice to the Gifter. You will upload the GST invoice to the order via the Website. Please do not include this invoice in the package to the Giftee. This is a gift to the Giftee and needs to be treated in that light.
2.7 Dispatch and Delivery
You must dispatch orders within 24 hours of the order being notified to you to the Giftee at the delivery address provided. You will not include any invoice or indication of the price of the gift. You will not include any material in the package which promotes your products or services or markets directly to the Giftee. You will comply with any other packaging requirements of the Giftery.
You must package the gift with due care and present the gift in a professional and attractive manner. You will select a courier to deliver the order within a reasonably expeditious time and will not charge any additional fees for delivery than those agreed when listing your product.
The Giftery will monitor compliance with packaging instructions. When you have dispatched the gift you will upload the tracking number and details of the courier company used on your Supplier portal so as we can provide this to the Gifter and Giftee.
You will upload your GST invoice via the website so as we can provide this to the Gifter.
A sale is completed when:
- the gift that has been ordered has been dispatched,
- the tracking details have been uploaded; and
- the GST invoice has been loaded into the Website (Completed Sale).
The Giftery will produce a summary per transaction showing the GST amount invoiced by you, less the amount of commission (plus GST) due to us and less any bank or stripe fees incurred for the transaction (the Settlement Amount). We will provide a GST invoice for the commission payable by you based on your service agreement. This commission and bank or stripe fees are paid by deduction and you consent to the Giftery deducting these payments.
We will make payment of the Settlement Amount for each Completed Sale subject to any returns for credit or refunds claimed. If a gift has been returned to you, or if a Gifter or Giftee makes a compliant direct to you, you must advise us of this so as we can process a credit for the Giftee or refund to the Gifter as the case may be.
3.1 Alcohol
The Giftery is not party to the sale of any alcohol on the Website and is an agent acting for you. The contract for sale is between you and the Gifter and Giftee. You must take steps to ensure compliance with laws relating to the sale of alcohol. Customers must be over 18 to purchase age restricted gifts including alcohol. Purchases of alcohol must be signed for by someone over 18 on delivery.
3.2 Payment
You will be paid the Settlement Amount to your nominated bank account or through Stripe and unless otherwise specified in your service agreement, this will occur on the 20th of the month following the date of the Completed Sale.
3.3 Refunding Orders
If either a Gifter or Giftee considers they have a claim under the Consumer Guarantees Act 1993, they may have the right to a replacement, credit or a refund. The Giftery will manage any complaints or claims in the first instance and will advise whether a refund or replacement is required. You will comply with the reasonable directions of the Giftery.
You will maintain insurance for the gift in the event of loss, theft or damage to the gift and you will replace any gift which is lost, stolen or damaged within a reasonable time. The Giftery will make available the information it holds to enable an insurance claim or police complaint to be lodged.
3.4 Consumer Rights / Liability
Nothing under this agreement is intended to have the effect of restricting or modifying the customers rights under the Contract and Commercial Law Act 2017, Consumer Guarantees Act 1993, the Fair-Trading Act 1986, or any other obligations that cannot be restricted or modified by law.
4.1 Returns
If the Giftee changes their mind and wishes to return the gift and ask for a credit, they may do so as long as they advise you of their change of mind within 7 days of receiving the gift and the gift is still in its original state. The Giftee will be required to return the gift to you. Any gift returned must be returned in its original condition and packaging (e.g. with any tags still attached). You are not required to accept returns of hygiene products (such as underwear, swimwear and jewellery), perishable products (such as food or alcohol), or products capable of copyright infringement (such as CDs, DVDs and gaming software).
You must advise us when the goods are returned to you and return to us any funds received by you for the transaction less the delivery costs incurred by you as documented on the transaction. The Giftee may then use the credit they have received with us to select a replacement gift from the Giftery website. If they do not wish to select a gift then they may require the sale to be refunded. We will attend to this once we have received the refund from you. The Giftee will not receive a refund as they are not the party who has paid for the gift. Any refund paid belongs to the Gifter.
General Terms
4.2 Privacy
Any personal information disclosed to you must be kept private. You must take all reasonable steps to ensure the privacy of this information and prevent its disclosure or use for any purpose other than to fulfil the order placed through the Website. You may not market to the customer direct using information passed on to you by the Giftery. The information is provided strictly only for the purpose of completing The Giftery order.
4.2 Disclaimer
The Giftery does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any transaction on the Website or your use of the Website.
You will indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, in connection with or in respect of your breach of this Agreement.