1 Introduction

The Giftery is a New Zealand-owned and operated online collated gifting store (the Giftery, we/our). Our Website allows the purchaser (the Gifter, you/your) to buy a wide range of gifts from third party retailers and suppliers (Supplier(s)) for themselves, or for others (the Giftee, you/your/them).

The Gifter selects the gift for the Gifter, or a selection of gifts that the Giftee can choose from. The Giftee receives an email letting them know of the Gifters choice, or that they can choose from the selection the Gifter has made for them. Once the Giftee chooses the gift we connect the Giftee to the Suppliers to send the gift.

We are acting as a marketing service, collating special gifts in one place. We are not the actual Suppliers. When the Gifter is selecting gifts from the Website, and the Giftee is choosing the one they want, the Gifter is transacting directly with Suppliers, and we are not a party to these transactions. We are paid a commission by the Suppliers which we deduct from the price of the gift.

By using the Website (and any of our associated websites, Apps or social media pages), the Gifter, the Giftee and the Suppliers accept these terms and conditions (Agreement) and our privacy terms.

We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, the Gifter, the Giftee and the Supplier agree to be bound by any changes.

To the extent that Suppliers own terms and conditions are inconsistent with the terms and conditions in this Agreement, the terms and conditions in this Agreement will take precedence.

2 The Website

2.1 Registration

The Gifter sets up an account to place orders on the Website by providing their name, address, valid mobile phone number and email address. The Gifter is responsible for ensuring this information is always up to date.

In order to receive a gift the Giftee must provide certain personal information including their name, address, valid mobile phone number and email address. The Giftee is responsible for ensuring this information is up to date at all times and that the address provided is suitable for delivery.

The Supplier must register with the Giftery under one of the service packages offered by the Giftery and must remain current in their payment of any membership fees for any orders to be processed.

We may disable registration at any time if we believe that you are not using The Giftery in an appropriate or reasonable way, or if The Supplier lists products which are not in alignment with The Giftery's values or which brings The Giftery into disrepute.

2.2 Use of the Website

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account. If you suspect or become aware of any unauthorised use of your account, you must notify us immediately and take immediate steps to re-secure your account.

Other than connecting to The Giftery through the Website, you must not gain or attempt to gain access to The Giftery's servers. You agree not to disrupt, modify, or interfere with the Website and its associated software, hardware, and data in any way.

We do not warrant that the Website will be always available and without disruption. We may make changes to the content on the Website at any time without notice.

The Website has some links to third party websites. These sites have not been prepared by us and are not under our control. Any third party links are only provided as a convenience and we are not responsible for the content or availability of any of these links. While we will use our best endeavours to ensure the information provided by or to these third party websites is accurate we are not liable for any errors or omissions caused by the third party websites or their integration to the website, system failures or service interruptions.

2.3 Information

While we take time to select the Suppliers carefully any information about gifts on the Website is prepared by and based on material provided by Suppliers. The Giftery cannot be held responsible for incorrect information supplied by Suppliers. You agree to make your own enquiries to verify information and assess the suitability of gifts before placing an order. We also note that due to photographic and screen limitations, some actual gifts may differ in visual appearance from the way they appear on the Website. Any information contained on our Website (and any of our associated websites, Apps or social media pages) constitutes an invitation to treat only and is not an offer by us to supply any gifts.

We will take all reasonable efforts to keep information provided by you as a Gifter or Giftee private.

2.4 Placing orders on the Website

There are a number of ways we can help the Gifter and the Giftee with giving and receiving gifts. For each selection of gifts completed by the Gifter for any one Giftee, a hold is placed on the Gifters Credit Card for the most expensive gift selected plus any associated shipping. This hold remains in place for up to 14 days or until the Giftee makes their selection whichever is the earliest. As soon as the Giftee has selected their gift and the Supplier has dispatched the gift and provided the tracking number, the transaction is completed for the actual cost of the gift and any associated shipping cost, which may be less than the hold depending on the choice made by the Giftee, and the hold is released.

The Gifter may want to:

• Choose a gift, or a number of gifts, for someone special (or for themself), the Giftee.

  To order a gift, the Gifter adds the gift to the shopping cart and proceeds through the checkout process. The Gifter will be required to enter payment information, which, if successfully completed, will lead to a confirmation page (which the Gifter can use as a receipt of their order). At that point if the Gifter is selecting a gift to purchase outright, whether for themself or for the Giftee, the Gifter will complete the order. The Gifter will provide the details of the Giftee or themself so as we can contact them to let them know a gift is on its way and the Supplier can be advised of the sale. The Suppliers will confirm whether your order has been accepted or rejected. If the Suppliers reject your order for some reason, You will be given the opportunity to reselect the gift

• Send someone a selection of gifts to choose from.

  The Gifter may choose a selection of possible gifts and place the gifts into a basket. A hold will be taken on the Gifters Credit Card to the value of the most expensive gift chosen by them and the highest shipping cost. Once the Giftee selects a gift the sale will be completed, payment is taken, this will lead to a confirmation page (which the Gifter can use as a receipt of their order) and the order will be sent to the Supplier who will confirm whether your order has been accepted or rejected. If the Supplier rejects your order for some reason, the Gifteer will be given the opportunity to reselect the gift.

When an order has been placed, the Gifter will receive confirmation of the order. Some gifts on the Website carry an age restriction. If a gift the Gifter has selected is age restricted, the Gifter and the Giftee will be required to confirm that they are both an appropriate age to purchase the gift. Confirming this means you represent to us and the Supplier that both the Gifter and the Giftee are of an eligible age and that neither of them are purchasing the gift on behalf of a person who is not the appropriate age. The Supplier may require the Giftee to confirm their age upon delivery of your gifts.

The Giftery is not party to the sale of any alcohol on the Website and is an agent acting for the Supplier. The contract for sale is between the Supplier and the Gifter.

The Gifter and the Giftee must be over 18 to purchase alcohol and delivery must be signed for by someone over 18 years of age. Unless otherwise stated, reward programs or special discounts applicable to individual Suppliers do not apply to orders placed on The Giftery.

2.5 Cancelling Orders

We reserve the right to cancel orders that we believe are fraudulent (including where we believe there may have been credit card or a payment related fraud). We may also cancel orders where there has been an error in the listing of the gift (e.g. an incorrect price). If we cancel your order, the Gifter will be refunded in full.

2.6 Pricing

Unless otherwise stated, all prices listed on The Giftery are in New Zealand dollars and are inclusive of GST. Please note that prices may be altered on the Website at any time for any reason.

2.7 Shipping

Shipping is not included in the price unless otherwise stated. The Supplier is responsible for advising the shipping cost and entering this into the Website. Some Suppliers may offer free shipping either permanently or from time to time as a special promotion. The hold placed on the credit card of the Gifter will include the costs for shipping at the highest rate of shipping relating to the specified gifts in the selection. When the gift is selected by the Giftee the actual cost of shipping will be deducted and the hold released.

If multiple items have been selected, these may be provided by different Suppliers. They will be shipped at different times.

3 Your Order

3.1 Transacting with the Supplier

As noted above, when the Gifter order gifts on the Website, the Gifter and the Giftee are transacting directly with Suppliers. To the extent permitted by law, The Giftery makes no warranty or representation regarding the standard or description of any gifts to be supplied by the Suppliers. Suppliers are the 'supplier' of the gifts under the Consumer Guarantees Act 1993 and are responsible for all statutory guarantees and warranties (if any).

GST receipts will be provided to the Gifter by The Supplier if the Supplier is registered for GST. If the Supplier is based outside of New Zealand there may be GST and other charges incurred on the arrival of the gifts to New Zealand which will be your responsibility. We will do our best to advise you of this.

3.2 Payment

We currently accept the following credit cards: Visa and MasterCard.

A hold is placed on the Gifters credit card if a selection is required to be made by the Gifter. The payment is processed and the hold released when the selection has been made and the gift dispatched.

3.3 Delivery of your order

Gifts will only be delivered to New Zealand addresses. The Supplier may place limitations on where in New Zealand they can deliver, or any additional shipping costs for remote areas. The gift will be carefully packaged by the Supplier but will not be gift wrapped unless this is specified. We have asked the Supplier not to include a receipt in the box but to email the GST invoice to the Gifter.

Delivery times are set by Suppliers and therefore vary depending on which Supplier the Gifter is buying from, and the courier company engaged by the Supplier. We cannot control any part of the process of the delivery, and you need to be aware that this is out of our control. The Supplier will select the courier company involved and provide a tracking number. After the Supplier has dispatched the order and provided the tracking number, the Gifter will be able to track delivery progress by logging into the website of the courier company engaged by the Supplier. This is a third party service and not a service under our control.

To ensure successful delivery, the Giftee must provide a delivery address where someone will be present during business hours or provide an authority to leave. Neither the Supplier nor the Giftery will be liable for late delivery where attempted delivery has occurred on or before the relevant delivery timeframe, or theft when delivery has been completed but the gift has been lost or stolen.

If the Supplier is based outside of New Zealand we will do our best to advise you of this, and of the fact that the delivery times might be longer than expected.

3.4 Returns and Refunds

All gifts sold on the Giftery are likely to come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993. These guarantees are being given by the Supplier and not the Giftery. If the Gifter believes that they have a claim under the Consumer Guarantees Act 1993 against the Supplier, the Giftee may have the right to a replacement or the Gifter to a refund. Any guarantees that can be contracted out of are.

If the Gifter believes they have the right to a replacement or refund, or if the Gifter thinks the gift have been damaged or lost during delivery, the Gifter needs to lodge a complaint direct with the Supplier and advise us through our Website within seven days of the gift being dispatched by the Supplier. Once your complaint has been lodged, we will liaise with the relevant Supplier to find out what they are doing to resolve your complaint. The Giftery attempts to have the Supplier resolve complaints as quickly as possible and relies on you to promptly provide all the information needed to resolve your complaint.

If free shipping has applied to the gift, and the Giftee returns the gift under the Consumer Guarantees Act 1993, the original shipping amount, at the Supplier's discretion, may be deducted from the return refund due to the Gifter. Nothing in this clause is intended to have the effect of restricting or modifying your rights or any other obligations that cannot be restricted or modified by law under the Consumer Guarantees Act 1993, the Fair Trading Act 1986.

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 us and the Supplier of their change of mind within 7 days of receiving the gift and the gift is still in its original state. The Giftery and Supplier can then work with the Giftee to assist in this process. The Giftee will be required to return the gift to the Supplier to ask for a credit. Any shipping costs relating to the transaction may be deducted by the Supplier from any credit or refund.

Any gift returned must be returned in their original condition and packaging (e.g. with any tags still attached). We cannot 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). The Giftee may then use the credit they have received to select a replacement gift from the Giftery website.

Should the giftee not wish to use their credit for any other gift then they may request a refund (less shipping). Any refund paid belongs to the Gifter. The Giftee will not receive a refund as they are not the party who has paid for the gift.

4 General Terms

4.1 Privacy

We are committed to protecting your privacy. By accessing and using the Website, you consent to the collection, use, storage, and disclosure of your personal information. When making any purchase through the Website the Gifter acknowledges and agree that we may disclose your personal information to the relevant Supplier. Any personal information disclosed to, and used by, a Supplier is governed by that Supplier's own privacy practices and policies. We accept no responsibility or liability for the privacy practices or policies of any Supplier.

4.2 Intellectual Property

You acknowledge that we are the sole owner or licensee of all intellectual property rights in the Website and all gifts listed on it. We hold copyright in all content and elements of our website. You must not copy, alter, or reproduce any product, our content or logo, or the Website (or any part of it), nor permit any person to do so without our prior written consent.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display, and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved gifts we provide.

4.3 Disclaimer

The Giftery does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any Supplier's advice, opinion, information, representation or omission whether negligent or otherwise, on the Website or your use of the Website. You are solely responsible for the actions you take in reliance on the Supplier's content on, or accessed through, the Website.

You will always 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.

4.4 General

If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

The Website and any use of it is governed by, and is to be interpreted in accordance with, the laws of New Zealand and you and we submit to the exclusive jurisdiction of the courts of New Zealand.

The Giftery is a trading name of The Giftery Limited, a registered New Zealand company. The name that will appear on your payment account will be The Giftery.