Terms of Service – KIWI GIFTS

‌Effective Date: May 24, 2026‌
‌Last Updated: May 24, 2026‌

‌1. Acceptance of Terms‌

Welcome to the website of KIWI GIFTS LIMITED (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website located at www.kiwigiftsltd.com (the “Site”) and any services, content, and products available through the Site (collectively, the “Services”).

By accessing, browsing, or using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of these Terms, you are not authorized to use the Site or Services. These Terms constitute a legally binding agreement between you and KIWI GIFTS LIMITED.

‌2. Changes to Terms‌

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version will be posted on this page with an updated “Effective Date.” It is your responsibility to review these Terms periodically for changes. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.

‌3. User Accounts and Registration‌

To purchase products or access certain features, you may be required to create an account.

You must provide accurate, current, and complete information during registration.
You are responsible for safeguarding your account password and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

‌4. Product Information and Purchases‌

‌Product Descriptions:‌ We strive to display product colors, images, and descriptions as accurately as possible. However, we cannot guarantee your device’s display is accurate. All products are subject to availability. We reserve the right to discontinue any product at any time.
‌Pricing:‌ Prices for our products are subject to change without notice. We are not liable for any pricing errors that may appear on the Site. In the event of an error, we reserve the right to cancel any orders placed at the incorrect price.
‌Orders:‌ Your submission of an order constitutes an offer to purchase. All orders are subject to our acceptance. We may refuse or cancel any order for any reason, including limitations on quantities, inaccuracies in product or pricing information, or suspected fraud. A confirmation email does not constitute our acceptance of your order.

‌5. Payment Terms‌

We accept various payment methods as indicated at checkout. You represent and warrant that you have the legal right to use any payment method you provide. You agree to pay all charges incurred by your account at the prices in effect when such charges are incurred.

‌6. Shipping, Delivery, and Returns‌

All purchases are subject to our separate ‌Shipping Policy‌ and ‌Refund and Returns Policy‌, which are incorporated into these Terms by reference.

You are responsible for providing accurate shipping information. We are not liable for delays or failure to deliver due to incorrect information.
Title and risk of loss for products pass to you upon our delivery to the carrier.
‌Refunds are only issued following the successful return and inspection of the physical item in accordance with our Returns Policy. We do not offer “refund only” without a return.‌

‌7. Intellectual Property‌

The Site and its entire contents, features, and functionality (including but not limited to text, graphics, logos, images, and software) are owned by KIWI GIFTS LIMITED or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works of any content without our express written permission.
“KIWI GIFTS LIMITED,” our logo, and all related product names are trademarks of the Company.

‌8. User Conduct and Prohibited Activities‌

You agree not to use the Site or Services to:

Violate any applicable laws or regulations.
Infringe upon the intellectual property rights of others.
Engage in any fraudulent, abusive, or illegal activity.
Transmit viruses or any code of a destructive nature.
Interfere with or disrupt the security or functionality of the Site.
Harass, abuse, or harm another person.

‌9. Privacy‌

Your use of the Site is also governed by our ‌Privacy Policy‌, which explains how we collect, use, and protect your personal information. By using the Site, you consent to the practices described in our Privacy Policy.

‌10. Third-Party Links and Content‌

Our Site may contain links to third-party websites or services not owned or controlled by KIWI GIFTS LIMITED. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites. You access them at your own risk.

‌11. Disclaimer of Warranties; Limitation of Liability‌

‌“As Is” Basis:‌ THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
‌Limitation of Liability:‌ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993), KIWI GIFTS LIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR PRODUCTS. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCTS GIVING RISE TO THE CLAIM.

‌12. Indemnification‌

You agree to indemnify, defend, and hold harmless KIWI GIFTS LIMITED and its officers, directors, employees, and agents from any claim or demand made by any third party due to or arising out of your breach of these Terms, your use of the Site, or your violation of any law or the rights of a third party.

‌13. Termination‌

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms. All provisions of the Terms which by their nature should survive termination shall survive.

‌14. Governing Law and Dispute Resolution‌

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

You agree that any legal action or proceeding shall be brought exclusively in the courts located in Queenstown, New Zealand.
For any disputes, we encourage you to first contact us directly to seek a resolution.

‌15. Force Majeure‌

We shall not be liable for any failure to perform our obligations due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, strikes, supply chain failures, or internet or electrical outages.

‌16. Severability‌

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect.

‌17. Entire Agreement‌

These Terms, together with our Privacy Policy, Shipping Policy, and Refund and Returns Policy, constitute the entire agreement between you and KIWI GIFTS LIMITED regarding your use of the Site and Services.

‌18. Contact Information‌

For questions about these Terms of Service, please contact us at:

‌KIWI GIFTS LIMITED‌
7 Ballarat Street, Queenstown, 9300, New Zealand
‌Email:‌ bramble@kiwigiftsltd.com
‌Phone:‌ +64 3 4429055