Please read these terms and conditions carefully before using Our Service.
OVERVIEW
Special Gifts Ltd operates this website. Throughout the site, the terms “we”, “us”, and “our” refer to Special Gifts Ltd. Special Gift Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Please read these Terms of Service carefully before accessing or using our website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new Services, features or tools added to the current store shall also be part of the Terms of Service, subject to existing contractual arrangements. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
Our store is hosted on VPS city and uses woo-commerce and stripe payments as part of our online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
(a) By agreeing to these Terms of Service, you represent that you are at least the age of majority and have given us your consent to allow any of your minor dependents to use this site.
(b) You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any laws (including but not limited to copyright laws).
(c) You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 2 – GENERAL CONDITIONS
(a) Subject to compliance with the law, we reserve the right to refuse service to anyone for any reason at any time.
(b) You understand that your content (not including credit card information) may be transferred unencrypted and involve (i) transmissions over various networks and (ii) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
(c) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission by us.
(d) The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
(a) This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. (b) We reserve the right to modify the contents of this site at any time,
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
(a) Subject to complying with existing obligations, we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
(a) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
(b) We have made every effort to display the colours and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
(c) Subject to legal requirements:
(i) We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
(ii) We reserve the right to limit the quantities of any products or services we offer.
(iii) We reserve the right to discontinue any product at anytime.
(iv) We reserve the right to refuse any order you place with us.
(v) In our sole discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we make a change to an order, we will attempt to notify you by contacting the e‑mail and/or billing address/phone number provided when the order was made.
(vi) We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
(a) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
(b) Please refer to our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
(a) We may provide you access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
(b) in the future, we may also offer new services and/or features through the website (including releasing new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
(a) Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties. We are not liable for any harm or damages related to any third-party websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction.
(b) Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
(a) If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
(b) You agree that your comments will not violate any third party’s right, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third-party posted.
SECTION 10 – PERSONAL INFORMATION
(a) Our Privacy Policy governs your submission of personal information through the store. Please view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
(a) Occasionally, information on our site or in the Service may contain typographical errors that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any such errors.
(b) If any information on any related website is inaccurate at any time without prior notice, we undertake no obligation to update, amend or clarify information on any related website. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
(a) In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international or domestic rules, laws, or regulations;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
(b) We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(a) The guarantees and provisions of the Consumer Guarantees Act 1993 apply to goods sold and services provided by us to you.
(b) We will use our best endeavours to deliver the goods and provide the services contracted for on the day required or on the day we indicate but cannot guarantee delivery on that day as we are dependent upon carriers and third parties for this purpose, non-working days, and circumstances beyond our control. We will, however, make deliveries of the goods and services contracted for as is reasonable in the cases.
(c) Subject to existing contractual obligations, you agree that from time to time, we may change or remove the goods and services advertised or promoted on our website for sale or elsewhere without notice to you.
SECTION 14 – INDEMNIFICATION
(a) You agree to indemnify, defend and hold harmless Special Gifts Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
(a) If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
(a) The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
(b) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
(a) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
(b) These Terms of Service and any policies or operating rules posted by us on this site or concerning The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).
(c) Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
(a) These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of New Zealand.
SECTION 19 – CHANGES TO TERMS OF SERVICE
(a) You can review the most current version of the Terms of Service at any time on this page.
(b) Subject to pre-existing contractual rights, we reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
SECTION 20 – CONTACT INFORMATION
(a) Questions about the Terms of Service should be sent to us at [email protected]
(b) Please refer to our website regarding our Returns Policy and Privacy policy and the other items set out there.
SECTION 21 – COMPETITION TERMS
By entering a Competition or Giveaway, entrants are deemed to have read, understood and accepted the following general Terms and Conditions for Prize Draws and Giveaways:
- Competition and Giveaway prizes are awarded to entrants selected by random draw (unless otherwise stated).
- Every entrant warrants that all information submitted is accurate, current and complete. Special Gifts Ltd reserves the right to disqualify any entrant who does not comply with these terms and conditions.
- All reasonable attempts will be made to contact Competition and Giveaway winners using the details provided.
- The Prize will be left available to be claimed for 12 months, after which the prize (or any remaining balance) will no longer be available.
- Prizes are not redeemable for cash, transferable to any other person, and cannot be used with any other offer or promotion. Additional costs incurred, including travel, will be at the winner’s expense.
- The Prize is not to be used to purchase alcohol under any circumstances. It is a condition of entry that the entrant agrees not to use this prize or any associated discount to buy alcohol or otherwise breach the Sale of Liquor Act.
- The current prize available will be published on our website or social media, Special Gift Ltd reserves the right to change, limit entry or otherwise cancel the prize draw in full or in part (without reason).
- Winners will normally claim their prize and will be sent on our standard terms and conditions.
- The prize draw result and decision by Special Gift Ltd are final, and no correspondence will be entered into.
- All entrants consent to participate and cooperate as required in all promotional activities relating to the Competition or Giveaway. If stated, entrants also agree to receive promotional emails from Special Gift Ltd or its associated companies (which can be unsubscribed).
- All information provided by the entrants will be collected, used, stored, disclosed and corrected in accordance with the Privacy Act 2020. All entrants have the right to access their information and request that any personal information be corrected.
- The following persons are not eligible to win any prize; anyone who works for Special Gifts Ltd, their immediate family members or any agencies or companies associated with the Competition or Giveaway.
- Special Gifts Ltd reserves the right to exclude any entrant from participating at its sole discretion. Special Gifts Ltd also reserves the right to refuse to award a prize to an entrant who breaches these Terms and Conditions and gains an unfair advantage in participating or winning by fraud.
- Special Gift Ltd will not be liable for any loss, damage, costs (for instance, incurred in accepting or redeeming a prize) or any injury whatsoever suffered by an entrant as a result of or in connection with the Competition or Giveaway, including any inability to enter, complete or continue the competition or giveaway due to equipment or technical malfunction.
- Special Gift Ltd reserves the right to amend or change these Terms and Conditions at any time at its sole discretion, including extending, postponing or cancelling the Competition or Giveaway.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]