Terms and Conditions

Terms and Conditions

1. In General

This website is operated by Chill Kiwi on behalf of their parent company, 379 Media Limited. Throughout these Website Terms and Conditions (“Terms”), the expressions “we”, “us” and “our” refer to the members of Chill Kiwi.

 

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service. 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. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

 

This Website also contains links to other websites, which are not operated by Chill Kiwi (the “Linked Sites”). Chill Kiwi has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

2. Privacy Policy

We will never ask for any more information than is absolutely necessary to do business with you or use your information for any other purposes without first asking your permission. Our checkout process uses a secure website to process your private payment details – our credit card processor is Windcave, one of the biggest and most trusted processors in New Zealand. They process the transaction and at no time do we at Chill Kiwi store your credit card details on our servers.

 

3. Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Chill Kiwi will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.

 

4. Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Chill Kiwi or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Chill Kiwi and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Chill Kiwi or its licensors.

Chill Kiwi reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.

 

5. The Sale of Products

You can purchase the products shown on our website either online, over the phone.

 

6. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery/Shipping Charges page and our International Orders page for further information.

In order to contract with Chill Kiwi you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Chill Kiwi retains the right to refuse any request made by you, and Chill Kiwi reserves the right to close your Chill Kiwi account at its sole discretion. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Chill Kiwi or may in some cases be a third party.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.

 

7.  Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

 

8. Pricing and Availability

Whilst we try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund. All prices on this site are in New Zealand dollars. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

 

9. Payment

The servers that collect and store personal information are kept in a secure environment. We do not collect or store credit card details: Credit cards payments are processed by Windcave, one of NZ’s largest and most reliable online payment systems.

Orders will be accepted into our systems once we are satisfied the transaction can be confirmed as legitimate. We reserve the right to reject any order where the customer is unable to verify their payment method or respond to any reasonable concerns. This may result in a delay in order completion if we are unable to contact you.

Products delivered to some destinations, outside of New Zealand, may be subject to taxes, fees, levies or other charges, which are imposed by local legislation. Please see our Shipping Information page for more details.

 

10. Discount Codes

Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website.

The conditions of use relating to any discount code will be specified at the time of issue.

These terms and conditions relate to all Chill Kiwi promotions, competitions and discount codes (unless otherwise stated).

1. Discounts are off RRP. No further discounts apply. Special prices are not to be used in conjunction with any other offer.
2. Only one promotion code can be used per order. A promotional code can’t be used after an order has been placed.
3. Brand or product category exclusions may also apply. We will let you know if the promotional code can’t be used against certain brands or product categories in our promotion terms and conditions before you complete your purchase.
4. If you do use your promotional code in any of the ways listed above or in a way that we consider abuses the spirit in which the promotional code was issued, then we can cancel or withdraw your promotional code at any time, and without letting you know beforehand.

 

11. Gift Vouchers

Once a gift voucher has been created on an individual’s Chill Kiwi account, the gift voucher becomes their property.

1. After a gift voucher has been created on an individual’s account, we reserve the right to refuse to discuss the gift voucher further, with the individual who initially purchased it.
2. Gift Vouchers are valid for 24 months, and you don’t have to spend them all at once.

 

12. Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Chill Kiwi and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect Chill Kiwi’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

13. Linking To This Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

14. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Chill Kiwi and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Chill Kiwi.

 

15. Indemnity

You agree to indemnify, defend and hold harmless Chill Kiwi, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 

16. Variation

Chill Kiwi shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

17. Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.

Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

18. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.

 

19. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

20. Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of New Zealand and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the New Zealand courts.

 

21. Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Chill Kiwi. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Chill Kiwi.

 

22. Contact Information

Questions about the Terms of Service should be sent to us here.

 

23. Current Promotions

* Discounts are off RRP. Does not include gift cards or gift certificates. No further discounts apply. Special prices are not to be used in conjunction with any other offer. All products marked as ‘Clearance’ are end of line & priced to clear. While Stocks Last. Stocks, sizes and colours may vary or be limited.