Terms & conditions

In these Terms:

"GiftPop", "we", "us" and "our" mean GiftPop Group Limited (NZBN 9429051226138), trading as GiftPop.

"you" and "your" mean the person placing an order through GiftPop.

"Vendor" means the independent third-party business identified at checkout as the supplier of a Vendor Service and of any Physical Add-on Item sold with it.

"Vendor Service" means any experience, service or product supplied by a Vendor and made available for purchase through GiftPop.

"Voucher" means a voucher, code, pass or confirmation issued through GiftPop that entitles the holder to redeem a Vendor Service with the Vendor.

"Physical Add-on Item" means any physical good (such as chocolates, greeting cards or gift boxes) sold by the Vendor with a Voucher and packed and delivered by GiftPop on the Vendor's behalf.

"Recipient" means the person you nominate at checkout to receive a Voucher or Physical Add-on Item.

"Delivery" means:

(a) for a Voucher, the point at which GiftPop sends the Voucher to the Recipient contact details you provide at checkout, by email, text message, Apple Wallet pass or any other delivery method you select at checkout. Where you select a future delivery date, Delivery occurs when the Voucher is sent on that date; and

(b) for a Physical Add-on Item, the point at which the item is received at the delivery address you provide at checkout.

Delivery of a Voucher does not depend on the Recipient opening, reading or redeeming it.

2.1 Agency. Vendor Services are supplied by the Vendor. GiftPop acts solely as agent for the Vendor, with the Vendor's authority, in arranging the supply of Vendor Services and the collection of payment for them. Payment made through the GiftPop checkout for a Vendor Service or Physical Add-on Item is made to the Vendor and discharges your payment obligation to the Vendor.

2.2 Your contract is with the Vendor. Your contract for the supply of the Vendor Service is with the Vendor. GiftPop is not a party to that contract, does not supply the Vendor Service, and makes no representation about its performance. The Vendor is solely responsible for performing the Vendor Service and for any refund or other remedy relating to it. Any claim relating to the performance, availability or quality of a Vendor Service must be made directly to the Vendor.

2.3 Vendor terms. Vouchers are subject to any additional terms set by the Vendor, which will be shown on the Voucher or at checkout. Vouchers may only be redeemed for goods or services offered by the Vendor named on the Voucher.

2.4 Expiry. Each Voucher states its expiry date. In accordance with the Fair Trading Act 1986, a Voucher that is a gift card under that Act will not expire less than three years after the date of purchase.

2.5 Cash value. Vouchers have no cash value and cannot be exchanged for cash, except where required by law.

2.6 Lost or stolen Vouchers. Vouchers should be treated like cash. GiftPop is not responsible for lost or stolen Vouchers or for unauthorised use of a Voucher code.

2.7 Partial balances. Where a Voucher is redeemed for less than its face value, the treatment of any remaining balance is determined solely by the Vendor under the Vendor's policies. GiftPop does not hold, manage or refund remaining balances.

2.8 Vendor ceases trading. GiftPop does not guarantee that a Vendor will remain in business or continue to honour Vouchers. If a Vendor ceases trading, becomes insolvent, or is otherwise unable or unwilling to honour a Voucher, your remedy is against the Vendor, and GiftPop has no obligation to refund the Voucher or provide a substitute Vendor Service. GiftPop's responsibility is limited to the matters set out in clause 4.

3.1 Sold by the Vendor, delivered by GiftPop. Physical Add-on Items are sold by the Vendor as part of your order and are packed and delivered by GiftPop on the Vendor's behalf. If an item does not comply with a guarantee under the Consumer Guarantees Act 1993, you are entitled to the remedy that Act requires, and GiftPop will arrange it on the Vendor's behalf.

3.2 Claims. To make a claim, contact GiftPop at hello@giftpop.co.nz with your order number and details of the fault. If an item arrives damaged, please notify us as soon as practicable, with photographs where possible, so we can resolve the matter promptly. Your rights under the Consumer Guarantees Act 1993 are not affected by the timing or form of your notification.

3.3 No returns beyond legal obligations. Returns and refunds for Physical Add-on Items are not available except where required by law.

3.4 Shipping. We ship Physical Add-on Items within New Zealand by courier. Delivery timeframes shown at checkout are estimates.

3.5 Risk and title. Risk in and title to a Physical Add-on Item pass to you on Delivery.

4.1 GiftPop is responsible for:

(a) processing your order and payment accurately;

(b) issuing the Voucher in accordance with your order and effecting Delivery of it; and

(c) packing any Physical Add-on Item in accordance with your order and effecting Delivery of it on the Vendor's behalf.

4.2 If GiftPop fails to perform any of these responsibilities with reasonable care and skill, GiftPop will provide the remedy required by the Consumer Guarantees Act 1993.

4.3 GiftPop is not responsible for non-receipt of a Voucher caused by incorrect or incomplete Recipient details you provide, or by the Recipient's email, phone or device settings.

5.1 If you purchase a Voucher or Physical Add-on Item for a Recipient, you warrant that you have the Recipient's consent to provide their name, contact details and delivery address to GiftPop for the purpose of fulfilment and Delivery.

5.2 The Recipient is bound by these Terms and by the Vendor's redemption conditions on accepting or redeeming the gift.

6.1 Eligibility. You must be at least 18 years old to create an account or place an order.

6.2 Account security. You are responsible for keeping your account credentials confidential and for all activity under your account.

6.3 Prohibited conduct. You must not use GiftPop to engage in unlawful conduct, post defamatory or fraudulent content, scrape or harvest data without authorisation, or attempt to compromise the security of our systems.

7.1 GST. Prices shown include New Zealand Goods and Services Tax where applicable.

7.2 Payment processing. Payments are processed by third-party payment gateway providers.

7.3 Payment to the Vendor. Payment for a Vendor Service, any Physical Add-on Item, and any delivery, personalisation or branding fee shown at checkout is made to the Vendor through the GiftPop checkout, which GiftPop operates as the Vendor's agent (clause 2.1). Those fees are part of your order with the Vendor and the service is provided by GiftPop on the Vendor's behalf.

To the extent permitted by law, GiftPop is not liable for any failure or delay in performing its responsibilities under clause 4 where the failure or delay is caused by an event beyond its reasonable control, including natural disaster, severe weather, strike, or government restriction.

9.1 Platform IP. All software, text, graphics, logos, trademarks and design elements on GiftPop are the intellectual property of GiftPop or its licensors. You may not copy, reproduce, modify or distribute any platform content without our written permission.

9.2 User content. If you submit reviews, ratings, feedback or comments, you grant GiftPop a non-exclusive, royalty-free, perpetual licence to use, display and publish that content. GiftPop may remove, moderate or decline to publish any user content it considers inappropriate, fraudulent or defamatory.

GiftPop may contain links to third-party websites, including Vendor websites, that GiftPop does not own or control. GiftPop is not responsible for the content, privacy practices or conduct of any third-party website.

11.1 To the extent permitted by law, GiftPop's total liability for any claim arising out of or in connection with your use of GiftPop or any order is limited to the amount paid for the order to which the claim relates.

11.2 To the extent permitted by law, GiftPop is not liable for any indirect or consequential loss, or for any loss of profit, revenue or opportunity.

11.3 Business customers. If you acquire goods or services through GiftPop for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply to that order and that this exclusion is fair and reasonable.

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that cannot lawfully be excluded, restricted or modified. Where any clause of these Terms is inconsistent with such a right or remedy, the right or remedy prevails to the extent of the inconsistency.

These Terms are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the courts and tribunals of New Zealand for any dispute arising out of or in connection with these Terms.

GiftPop may update these Terms from time to time. Updated Terms apply to orders placed after the "Last Updated" date shown above and do not affect orders already placed.

For support, enquiries or notices regarding these Terms:

• GiftPop Group Limited
• Email: hello@giftpop.co.nz
• Auckland, New Zealand