Products are manufactured and sold in accordance with New Zealand laws and regulations and New Zealand law will govern the sale of the products to the customer
TERMS & CONDITIONS
Effective date: June 2023
Welcome to the FiveO5® Cosmetics New Zealand web site (the "FiveO5 Cosmetics New Zealand Site" or the “Site”).
FiveO5® Cosmetics New Zealand Online ("FiveO5 Cosmetics Online", "we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Site, you as the user (“you”) are acknowledging that you have read, understand, and agree to be bound by these Terms and Conditions.
All references to working days in these Terms and Conditions mean any day of the week other than:
(i) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, Matariki, the Sovereign’s Birthday, and Labour Day; and
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(ii) A day in the period commencing on the 24th of December in any year and ending on the 5th of January in the following year, both days inclusive.
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(“Working Day”)
A Working Day shall be deemed to commence at 9.00am and to terminate at 5.00pm.
1. Your Obligations
1.1. You shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with New Zealand law and in good faith.
1.2. You may not make any change or alteration to the Site or any Content that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to the FiveO5 Cosmetics New Zealand Online, our affiliates, partners or licensors.
1.3. You shall also read and comply with our PRIVACY POLICY and DELIVERY POLICY.
2. Supply of Products to You
2.1. To be eligible to purchase products on this Site and to lawfully enter into and form contracts on this Site under New Zealand law you must:
(a) provide your contact and address details on the Site; and
(b) provide of a valid debit/credit card that you have authority to use, or provide funds via Paypal.
2.2. We endeavour to ensure that details, descriptions, images and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the Site; however, to the extent permitted by law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Information may be out of date. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order.
2.3. Products are subject to availability and the fact that a product appears on our website is not indicative of stock levels or availability. We reserve the right to add, amend, or remove products on our website at any time. If product availability changes after you have placed an order and paid, we will let you know and either assist you to find an alternative where practicable or otherwise provide you with a refund. For further information see OUR RETURNS POLICY
2.4. We recommend that before applying any of our products that you conduct an allergy test. We will not be liable for any harm or damage whatsoever to your skin or other part of your body arising in connection with the use of our products.
2.5. The products available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not, on a commercial basis, sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.
2.6. If we reasonably believe, in our sole discretion, that your completion of your order may result in a violation of our Terms and Conditions we may, with or without notice, cancel or reduce the quantity of your order.
3. Pricing
3.1. All of the listed prices on our website are in New Zealand Dollars ($NZD) and include Goods and Services Tax (GST), Overseas customs duties, foreign taxes, additional delivery charges and/or other fees, which may be imposed are excluded and this is the responsibility of the customer.
3.2. GST and delivery costs will be added to your total cost as set out in the Delivery section of the Site. Delivery costs may change at any time without notice.
4. Your Account
4.1. You must provide true, accurate and up-to-date personal information when registering for an account with us. You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our PRIVACY POLICY regarding the treatment of your personal information.
4.2. When registering for an account with us, you will be required to provide your:
(i) Name;
(ii) Delivery and billing address; and
(iii) Contact phone number.
4.3. If your personal information changes, you must either notify us immediately by contacting Customer Services by our CONTACT US FORM or update your details through the MY ACCOUNT PAGE
4.4. To the extent legally permissible, you are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account.
4.5. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately.
4.6. If you forget your password, we will reset it upon your request and send it to the email address which you specified when you registered your account with us.
4.7. Your account can be cancelled at any time by contacting Customer Services by our CONTACT US FORM
4.8. In relation to your account and use of the Site, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
4.9. If you violate these Terms and Conditions or if we in our sole discretion decide it would be in our best interests to do so (to the extent legally permissible); we reserve the right to refuse service to you and/or terminate your account without prior notice.
5. Placing an Order and Order Acceptance
5.1. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order.
5.2. Once we have received your order, we will send an email acknowledgement to the email address you have provided to us, which will record the details and cost of your order that has been debited to your credit/debit card or paid via PayPal. This is not an order acceptance from FiveO5 Cosmetics New Zealand Online.
5.3. Unless we have notified you that we do not accept your order or you have cancelled your order, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the products ordered by you. You will not be able to cancel your order after it has been dispatched to you.
5.4. If you require any information regarding your order please contact Customer Service by using the CONTACT US FORM
5.5. We will not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or a violation of these Terms and Conditions (including our Privacy Policy), or if we identify a product or pricing error.
5.6. If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
6. Payment
6.1. When ordering through the Site, payment must be made online at the time of completing your order. We only accept payments via credit card, debit card or PayPal. You confirm that you are authorised to use the credit card, debit card or PayPal account that you use to make payments on the Site is yours. All payments must be made in full.
6.2. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
6.3. You must provide your CVV (Card Verification Value), CVC (Card Verification Code), or equivalent card security code during your payment processing application form when using the Site.
7. Shipment and Delivery
7.1. A shipping cost of $10.00 will apply to all orders in NZ under $100.00. No shipping cost will apply to any orders over $100.00 in NZ.
7.2. We will not accept orders to any P.O. Box or any delivery address outside of New Zealand.
7.3. To the best of our ability, product orders will be dispatched on the next Working Day.
7.4. Orders may be delivered in one or more parts.
7.5. Any delivery times quoted to you are indicative only and we do not accept any liability for delayed delivery caused by any third party. We will not be liable for non-delivery or delivery as a result of incorrect data entry by you.
Further information can be found in OUR DELIVERY POLICY
8. Title and Risk
8.1. We will retain the legal ownership of products purchased from our website until the later of dispatch of the products to you and full payment for the products being received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
8.2. All risk for the products will pass to you upon delivery to you.
8.3. Should any of the products be damaged or destroyed prior to legal ownership passing to you (or reverting to us, if applicable) but following delivery, we are entitled to receive all insurance proceeds payable for the products. The production of these Terms and Conditions by us is adequate evidence of our rights to receive the insurance proceeds without the need for further enquiries to be made by any person dealing with us.
9. Acceptance of Products
9.1. Upon receipt of your order please check the product against your confirmation email to ensure it is complete and correct. You agree to inspect your order from the Site once delivered and use the CONTACT US FORM if you have not received the entire order as detailed in the order confirmation email sent to you in relation to that order.
9.2. If the products you receive are damaged or faulty in any way, or not what you originally ordered; we will replace the damaged, faulty, and/or incorrect goods or offer you a refund.
9.3. If you wish to have products replaced or get a refund for your purchase in accordance with term above, you agree to notify us by filling out our CONTACT US FORM, selecting ‘Online Orders’ and including your Order Number.
9.4. Refunds and replacements will be processed within 14 Working Days of receipt. Replacements will be sent via standard shipping. Please allow 7-10 Working Days for delivery. You will receive a confirmation email notification.
10. Intellectual Property
10.1. All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of FiveO5 Cosmetics New Zealand. The registered trademark, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of FiveO5 Cosmetics New Zealand. Neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
10.2. We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to:
(i) frame or utilise framing techniques to enclose the Site or any portion thereof;
(ii) modify or download the Site or its contents (except caching or as necessary to view content);
(iii) make any use of the Site or its Content other than personal use;
(iv) create any derivative work based upon either the Site or its Content;
(v) collect account information for the benefit of another party;
(vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or
(vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only.
10.3. A website that links to our Site:
(i) may link to, but not replicate, our Content;
(ii) may not imply that we are endorsing such website or its services or products;
(iii) may not misrepresent its relationship with us;
(iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;
(v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
(vi) may not use any Trademark without express written permission; and
(vii) may not link to any page of the Site other than the home page.
We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in this term 10 without prejudice to any other remedy provided by applicable law.
11. Limitation of Liability
No representations or warranties
11.1. The Site is presented "as is."
11.2. To the extent permitted by law, we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, other than as required by law.
11.3. You agree that, to the maximum extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort, including negligence, or otherwise), under any circumstances, for any:
(i) Interruption of business;
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(ii) Access delays or access interruptions to the Site;
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(iiI) Data non-delivery, incorrect delivery, corruption, destruction, or modification;
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(iv)Loss or damages of any sort incurred as a result of dealings with or the presences of off-site links on the Site;
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(v) Computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party sites;
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(vi) Any inaccuracies, omissions in the Content; or
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(vii) Events beyond our reasonable control.
Cap on liability
11.4. In no event shall our maximum aggregate liability exceed the value of the products ordered.
11.5. To the extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (or any lost profits) related to the Site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
11.6. To the extent permitted by law, we are not responsible for any harm or damage that occurs from use of our products. You must always use our products as directed on the packaging and discontinue use if you have an allergic reaction.
Personal Disclaimer
11.7. You hereby disclaim any right to rescind or cancel any purchase of products from us or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to you by us.
11.8. You acknowledge that products on the Site are purchased relying solely upon your own skill and judgment.
12 . Indemnification
12.1. You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Site.
12.2. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Site’s infrastructure.
13. Complaints and Disputes
13.1. If you wish to make a complaint about any matter in respect of the goods contact us via the CONTACT US FORM
13.2. Your use of the Site and any purchase by you of any products from us shall be governed by New Zealand law and the parties submit to the exclusive jurisdiction of the New Zealand courts.
14. Miscellaneous
14.1. These Terms and Conditions include the additional policies related to orders placed through this Site DELIVERY POLICY AND PRIVACY POLICY
14.2. You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications.
14.3. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all terms and conditions. You agree to comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
14.4. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
14.5. Our failure to require your performance of any provision shall not impact our full right to require performance of that provision at any time thereafter. Further, our waiver of a breach of a provision shall not be taken to mean it is a waiver of that provision. No failure to exercise and no delay on the part of either party in exercising any right, remedy or power of that party under these Terms and Conditions should be construed as a waiver of that any right, remedy or power.
14.6. Rights and remedies provided by these Terms and Conditions are cumulative and not exclusive of any rights or remedies provided by the law.
14.7. Time shall not be of the essence in these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein that relate to our obligations.
14.8. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
15. Contact Us
15.1. If you have any questions regarding these Terms and Conditions, please CONTACT US
PRIVACY POLICY
Definitions
1. “IPP” means the Information Privacy Principles as set out in the Privacy Act.
2. “we”, “us” and “our” refers to FiveO5 Cosmetics Limited, trading as FiveO5® Cosmetics New Zealand.
3. “Site” means our website www.FiveO5.com.
4. “Personal Information” is as defined in section 7 of the Privacy Act 2020, which includes any information which can be used to identify an individual.
5. “Privacy Act” means the Privacy Act 2020.
Purpose
6. In the performance of its business activities, we may collect, use and/or disclose Personal Information relating to its employees, clients, contractors and suppliers.
7. This Privacy Policy sets out guidelines to assist us in complying with the requirements of the Privacy Act, including the IPP, as they concern the collection, storage, use and disclosure of Personal Information.
Application
8. This Privacy Policy applies to the collection, storage, use and disclosure by us (or any person acting for us or on our behalf) of Personal Information in New Zealand.
Collection
9. We may collect Personal Information for a lawful purpose relevant to and connected with a function or activity of ours (the “Primary Purpose”). Our functions and activities include, but are not limited to:
a. Receiving and completing orders for our products;
b. Processing payments and recovering money owing to us;
c. Arranging for delivery of our products;
d. Informing others about our products and services;
e. Receiving and responding to feedback and related submissions; and
f. Dealing with requests for refunds or replacements in relation to orders for our products.
10. We shall not collect Personal Information in a manner which is unreasonably intrusive.
11. Any person who collects Personal Information for us or on our behalf shall comply with this Privacy Policy and the requirements of the Privacy Act.
12. Where relevant, we will only assign a unique identifier to an individual for use in our operations in the event that the unique identifier is necessary to enable us to perform any of our functions in an efficient manner. We shall take, in such circumstances, any reasonable steps to ensure that the risk of a unique identifier being misused by any person is kept to a minimum and that a unique identifier is assigned only to an individual whose identity is clearly established. We will all times comply with IPP 13 in respect of any unique identifier we may use.
13. If an individual does not want us to collect, or to provide to us, their Personal Information, we may be unable to communicate with that individual or perform our functions and activities in connection with that individual.
Use and Disclosure
14. We will not use or disclose Personal Information about an individual for a purpose (the “Secondary Purpose”) other than the Primary Purpose, and for directly related purposes (including those required by law) unless:
(a) The use or disclosure is consistent with the requirements of the Privacy Act; and
(b) The individual has consented to the use or disclosure; or
(c) The source of the information is a publicly available publication and, in the circumstances, it would not be unfair or unreasonable to use or disclose the information; or
(d) The use or disclosure of the information for the Secondary Purpose is required by law; or
(e) If in an emergency situation it is necessary or desirable to disclose the information to a civil defence or Government organisation, or another emergency service; or
(f) The use or disclosure is authorised or required by the Privacy Commissioner under section 30 of the Privacy Act or otherwise under New Zealand law.
15. We will not sell, lend, or trade Personal Information to any third party.
Accuracy
16. We will take reasonable steps to ensure any Personal Information we collect, use or disclose is accurate, up to date, complete and not misleading.
Protection and Security
17. We will take reasonable steps to protect the Personal Information we hold from misuse, loss, unauthorised access, modification and/or disclosure. We take the security of Personal Information seriously, and ensure that all our personnel comply with their legal obligations to protect Personal Information, except in a limited number of circumstances as required by the law.
18. We will only retain Personal Information for as long as is required for the purpose(s) for which it may be lawfully used. Once Personal Information is no longer required, we shall securely destroy it.
19. We shall maintain generally accepted standards of technology and operational security in order to prevent the misuse, loss, alteration or destruction of Personal Information. We have taken reasonable steps to ensure the safety of Personal Information stored in both electronic and hard copy format.
20. Neither we nor our employees, contractors or agents shall transfer Personal Information to a recipient without first establishing the identity of that recipient via cross check and/or personal identifier.
21. Personal Information is stored in the following ways:
a. On our server at our Wellington office. This is backed up via WIX.com which stores backups of server files in data centres around New Zealand;
b. Through the Site’s hosts, WIX.com: For any of our customers who log in to the Site;
c. In respect of payment information, exclusively by Stripe Incorporated: Stripe Incorporated is a PCI DSS Level 1 Service Provider which stores and encrypts card holder data using tokenisation. Stripe Incorporated use AEL 256-bit SSL encryption. Stripe Incorporated store information in New Zealand and possibly overseas in storage that complies with New Zealand privacy obligations, and has its own privacy policy, which users of our Site are recommended to read at www.stripe.com/en-nz/privacy.
Password
22. The Site keeps our users’ customer passwords encrypted. You are responsible for your login details used to access your customer account. You should not share your login details with anyone else, but if you do their use of your login details is your responsibility.
Availability, Access and Correction
23. This Privacy Policy can be found on the Site. We shall ensure that this Privacy Policy will be made available to anyone who requests it.
24. Any individual about whom we hold Personal Information is entitled to ask for a copy of that Personal Information, and to ask for it to be corrected if that individual thinks there is an error. To ask for a copy of your information, please contact us by email via contact@FiveO5.com.
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25. We will provide reasons for a refusal to correct or denial of access to Personal Information, in accordance with the Privacy Act.
26. In the event that an individual requests we to correct information we hold about that individual and we are not willing to make the requested correction; we shall, at the request of that individual, take any steps as may be reasonable to ensure that a statement by the individual detailing the correction sought shall be so attached as to always be read together with the information.
Notifiable Privacy Breaches
27. If Personal Information is involved in a privacy breach which we reasonably believe has caused or is likely to cause serious harm to an individual (a “Notifiable Privacy Breach”), we will (where appropriate) inform the affected individual(s) and recommend what steps should be taken in response. We will also report a Notifiable Privacy Breach to the Office of the Privacy Commissioner. In respect of a Notifiable Privacy Breach, we will comply with the Privacy Act.
Changing this Policy
28. We may update or change this Privacy Policy at any time by providing at least 30 days’ notice, which will be displayed on the Site under the Privacy tab along with reasons for any change.
Making a Privacy Complaint
29. Please direct any questions or concerns about this Privacy Policy to our privacy officer who can be contacted via email at contact@FiveO5.com.
30. Our privacy officer will investigate any complaints that are received, and respond as soon as possible.
31. If you are not satisfied with how we have handled your complaint, you can contact the Office of the Privacy Commissioner on 0800 803 909 or via www.privacy.org.nz
Cookies and other Online Tracking Technology
32. If you visit the Site, whether or not you place an order, we may use cookies and/or other online tracking technology such as Google Analytics to collect information about you from your browser history on your device. Our website stores cookies for:
a. Your account username and password; and
b. Your delivery/shipping address.
33. Generally you can adjust your browser settings so the Site is not permitted to send you cookies. In some cases, you can disable cookies on your device which will limit the information we are able to collect about your use of the Site, though this may affect the functionality of the Site.
DELIVERY POLICY
Costs
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For orders under $100, postage is $10.
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Free Delivery: For orders over $100, we offer free delivery.
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NZ Post Services
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NZ Post will deliver to your door. If no one is home at the time of delivery, the courier will leave your order at your door or nearby in a safe location. If unsafe to do so, they will leave a card to call.
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If you have saved a delivery instruction or an 'authority to leave' with NZ Post for your address, your order will be left at the location you've instructed with both our delivery services.
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You can contact NZ Post on 0800 501 501 with your order's tracking number to arrange a re-delivery.
We do not accept any liability whatsoever for delayed delivery caused by any third party. As soon as you have received your order, you will assume all risk in the products.
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Tracking
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We’ll email you your tracking number as soon as your order has been packed and is ready for collection by our courier. You can then track your order's journey here.
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Non-residential and International Addresses
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For deliveries to businesses, include the business name in the 'company field' at checkout.
For PO Box deliveries, include your PO Box number in the street field of your order's delivery address.
We only deliver orders to New Zealand addresses.
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Delivery Time
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Orders to most destinations in New Zealand are sent Mondays to Fridays on overnight service and should be with you within 1-2 working days.
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For rural locations, please allow an extra 1-2 working days for your order to arrive.
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Promotional and Christmas Periods
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We want to ensure you receive your gifts on time at Christmas time. Please place your orders by 7th December for delivery before 25th December, in a given year.
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During high parcel volumes and extraordinary circumstances like extreme weather conditions, you may occasionally experience delivery delays.
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While we endeavour to process all orders as quickly as possible, please note shipping times will be longer during peak promotional periods. Please expect a delay of 5-8 Working Days during these times.
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Duties and Taxes
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All prices on the Site are displayed in New Zealand Dollars (NZD), and will be charged in New Zealand Dollars. Prices do not include relevant overseas customs duties, foreign taxes or other fees, which may be imposed and this is the responsibility of the customer. Please check with your local customs office for further information.