Terms & Conditions for Freedom Gifts
Terms and Conditions
Below you will find a short summary of our Returns, Delivery and Privacy Policies and below you will find the full terms and conditions.
Here at Freedom Gifts we strive to meet the highest level of customer service and customer satisfaction. If you have any questions about this information please don't hesitate to contact us on sales@freedomgifts.co.nz.
Returns Policy
If goods are faulty or damaged within delivery, we will provide a replacement free of charge under the Consumer Guarantees Act. Freedom Gifts must be notified within 14 days of damaged goods.
Our Delivery Policy
We aim to dispatch and deliver your order to you as quickly as possible. If an item is not in stock you will be notified on checkout and we will endeavor to get this product to you as quick as possible. To view delivery times and costs click here.
Dates given for shipment or delivery are for guideline purposes only and are not to be treated as a condition of sale.
Freedom Gifts prides itself on delivering goods to you as fast as possible but we cannot be responsible for any loss whatsoever sustained by the customer for delay in delivery.
We apologies for the inconvenience but at this stage Freedom Gifts does not ship product internationally. Please feel free to contact us for any international shipping enquiries.
Security Policy
All your transactions are completed with the security provided by the highest level encryption servers available. Your credit card details are guarded by technology that is completely 100% secure so you can order with confidence. We also offer bank transfer and cheque for any purchases, but goods will not be dispatched until payment confirmation.
We will ensure your credit card details and personal information are safe. We will never sell or trade your personal information. We may use the information collected from you to assist us to provide the services to you. You may contact us to request access or to update any information that we hold about you. If you have any questions about Privacy and Security please contact us.
Vouchers
Freedom Gifts gift vouchers are only valid for use at www.freedomgifts.co.nz and can not be used in conjunction with other coded discounts running on the website. They may not be redeemable for cash and change will not be given. They must be used before the expiry date stated on the voucher.
Flowers
At Freedom Gifts we will try and endeavour to replicate the bunches of flowers as they appear in the photos, this is sometimes not possible due to the availability of the seasonal flowers. However the bunches we deliver will be of the highest quality and as close to the order as possible. If you have any questions about availability please email us.
Full Terms and Conditions
Freedom Gifts Ltd Full Terms and Conditions
1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1 These terms and conditions are the terms on which Freedom Gifts Limited ("Freedom Gifts") offers you access to the web site www.freedomgifts.co.nz (the Site).
1.2 By using the Site you are agreeing to be bound by these terms and conditions and you agree to be bound by these terms and conditions as well as any other guidelines, rules, additional terms referenced herein including any amendments made to them from time to time.
1.3 If you do not accept or are unwilling to be bound by these terms and conditions then you must not use or access the Site or the Services.
1.4 By accepting these terms and conditions you may receive a Freedom Gifts email newsletter on a regular basis. If you do not wish to receive these emails, please reply to them with.
2 FUTURE AMENDMENT OF TERMS AND CONDITIONS
2.1 Freedom Gifts may amend these conditions in whole or in part from time to time in our sole discretion and we recommend that you check them on a regular basis. Amendments will be effective immediately upon posting of the amended terms and conditions on the Site. You are responsible for ensuring you are familiar with the latest version of the terms and conditions. You agree to check the terms and conditions each time you use the Services and you will be taken as accepting the then current terms and conditions each time you choose to use the Services.
3 TERMINOLOGY:
In these terms and conditions, the following words have the meanings set out as follows:
"Services" means any one or more of the services offered by Freedom Gifts from time to time by way of the Site or otherwise.
"Site" means the website known as "www.freedomgifts.co.nz"
"we", "us" and "our" are a reference to Freedom Gifts Ltd.
"you" and "your" are a reference to you.
4 FREEDOM GIFTS LTD. SERVICES
4.1 Freedom Gifts provides the Site for customers to:
(I) Purchase products
(II) Obtain advice and feedback
(III) Offer contributions and solicit comment from, and share comments with other customers.
5 BECOMING A MEMBER
5.1 Before you make a purchase on the Site you need to become a member. Membership is available to everyone; provided you can form a legally binding contract that is enforceable against you. By registering as a Member, you warrant that you can form a legally binding contract and you acknowledge that by becoming a Member you are contractually bound by these terms and conditions
5.2 Accurate Membership Information and Security
(a) You warrant that the information provided when you registered was and remains complete and accurate. You must maintain and update your personal information held by Golf Down Under to ensure it is current at all times. You must not register multiple identities or use another person's name and personal details. Golf Down Under may phone or mail you to verify these details.
(b) You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
(I) Not to permit any other person to use your password or Membership; and
(II) Not to disclose your password, or any information to any other person that may allow them to use your Membership.
(III) You agree to indemnify Freedom Gifts for any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end or each session.
5.3 Termination of Membership:
Freedom Gifts reserves the right to decline to register or to terminate your Membership without providing you with any warning or entering into discussions with you.
6 ORDERING ONLINE
6.1 Secure Details: Internet Ordering and Security is of utmost concern to us. We will ensure your credit card details and personal information are safe. We will never sell, trade or give your personal information that you supply to us to anyone - at all. Your credit card details are not held Freedom Gifts and can not be accessed by Freedom Gifts staff. Protection of your credit card information is vital so we protect your credit card information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
6.2 Multiple Payment Methods: If for any reason you do not feel safe entering your credit card information on our site, please feel free to email or post your order to us or select the cheque or direct debit option on the checkout.
6.3 All products and service attract Goods and Service Tax (DST) of 12.5%. All prices are quoted in New Zealand Dollars and include GST.
6.4 Secure Account: We use every means available to protect your sensitive information - that's why when you initially order from us, you will need to register as a customer by registering as a member.
6.5 We aim to dispatch and deliver your order to you as quickly as possible. Orders are sent from Auckland and take approximately 2-3 days to deliver but there is no guarantee of exact deliver date.
6.6 Delivery Method: Your selections will be delivered to your door via New Zealand Post mail or Courier (at the discretion of Freedom Gifts). Deliveries will not require a signature unless specifically stated by you. We will notify you by email when your order has been dispatched.
(a) Ownership of the goods passes to you once you have received confirmation of the acceptance of your payment in accordance with clause 6.1 or 6.2 above. Accordingly, from that moment the goods are at your risk and you will be responsible for any damage, destruction or loss and you should insure against these possible events.
6.7 Overseas Orders: We apologize for the inconvenience but at this stage. We will review this option in the future, please feel free to contact us about any overseas deliveries.
7 GIFT VOUCHERS
Freedom Gifts gift vouchers are only valid for use at www.freedomgifts.co.nz and can not be used in conjunction with other specials running on the website. They may not be redeemable for cash and change will not be given. They must be used before the expiry date stated on the voucher.
8 AT YOUR OWN RISK
8.1 Any material downloaded or otherwise obtained though the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material. We will take reasonable care to ensure that information provided through the Site is accurate, reliable, adequate, complete and current but we cannot and do not represent or warrant that this will always be the case.
8.2 Freedom Gifts does not control the content of any comment or advice from manufacturers, and does not guarantee the accuracy, integrity or quality of such content.
8.3 You expressly understand and agree that Freedom Gifts gives no undertakings, representations, or warranties in relation to products or Services sold on the Site, including:
(a) that the products listed on the Site will meet your requirements;
(b) that your use of the Site will be uninterrupted, timely, secure or error-free;
(c) as to the results that may be obtained from the use of the Site or from use of any products purchased on the Site
(d) that any information provided on the Site is correct, error-free or reliable;
9 LIMITATION OF LIABILITY AND DISCLAIMER:
9.1 Freedom Gifts does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements of manufacturers of the products listed on the Site.
9.2 To the maximum extent permitted by law, any and all liability of Freedom Gifts which arises in connection with these terms and conditions, or in connection with the, the Site, or your use of or inability to use, the Services or the Site is excluded. Furthermore, Freedom Gifts liability is excluded in respect of any incidental, punitive, and consequential damages, whether direct or indirect, including, without limitation, loss of data, business interruption, loss of business loss of profits or anticipated savings, general and special damages, and consequential or incidental loss.
10 INDEMNITY
10.1 You agree to indemnify Freedom Gifts and keep Freedom Gifts indemnified at all times hereafter from and against all actions, claims, costs (including all solicitor/client legal costs and expenses) losses, damages, liabilities or demands suffered or incurred by Freedom Gifts arising out of or in connection with your failure to comply with these terms and conditions.
10.2 On any default or failure by you to observe and perform any of the covenants terms and conditions of these Terms you will forthwith on demand by Freedom Gifts pay to Freedom Gifts and make good all losses and expenses sustained or incurred by Freedom Gifts by reason of or in consequence of any such breach, default or failure by you.
11 NO GUARANTEES OR ENDORSEMENTS OF SITES OR SERVICES LINKED TO THE SITE OR THAT THE SITE LINKS TO
11.1 Links to third party websites are provided for convenience only. Links should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or Services referred to on those other sites or otherwise posted on this website, unless specifically stated.
11.2 Freedom Gifts is not responsible for the copyright compliance of any linked site. Freedom Gifts will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information provided by any third party.
12 ENDING, CHANGING OR SUSPENDING ANY SERVICES
12.1 Freedom Gifts may at any time and without notice:
(a) Change the format and content of this Site and/or products or Services offered at the Site; or
(b) Terminate of suspend the operation of the Site and/or the Services (in whole or in part) temporarily, if we think it reasonable or necessary (e.g. for support or maintenance work or to update content) permanently if we decide to discontinue a particular Service.
13 GENERAL MATTERS
13.1 Returns & Defects
(a) For goods not manufactured by the Freedom Gifts the warranty shall be the warranty provided by the manufacturer of the Goods (if any). In lieu of any warranty, conditions, or liability by law, the Freedom Gifts liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship in accordance with the Consumer Guarantees Act 1993. Provided always that such defective parts are promptly returned to the Freedom Gifts, unless otherwise arranged. Freedom Gifts shall not be liable for consequential, indirect or special damages or loss of profits under any circumstances .
(b) If the return is due to a manufacturer's fault or because the wrong product was delivered Freedom Gifts shall reimburse you for the reasonable cost of returning the products(s) by New Zealand Post mail or courier) provided that you provide evidence of purchase of the products from the Freedom Gifts, the goods which have not been damaged though improper storage or use and they are returned in the condition in which they were delivered with all packaging material, brochures and instruction material in as new condition as is reasonable in the circumstances; and:
(i) You have inspected the goods on delivery and you have within fourteen (14) days of delivery notified Freedom Gifts of any alleged defect, shortage in quantity, damage or failure to comply with the description of the goods; and
(ii) You shall enable Freedom Gifts an opportunity to inspect the goods within a reasonable time following delivery if you believe the Goods are defective in any way.
If the you fail to comply with these provisions the goods shall be conclusively presumed to be in accordance with theses terms and conditions and free from any defect or damage.
(c) For defective Goods which the Freedom Gifts has agreed in writing that you are entitled to reject, Freedom Gifts shall comply with its obligations under the Consumer Guarantees Act 1993:
13.2 System Integrity:
Freedom Gifts will use its reasonable endeavors to ensure that the Site and Services, are always available, subject to any downtime required for maintenance. Freedom Gifts will endeavour to provide advance notice of planned maintenance; However, Freedom Gifts takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Site or Services being unavailable. Further, Freedom Gifts assumes no responsibility for the corruption of any data or information held by Freedom Gifts for you.
13.3 No Waiver:
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
13.4 Partial Invalidity:
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
13.5 Governing Law:
These terms and conditions are governed by the laws of New Zealand.
13.6 Intellectual Property Rights:
(a) Freedom Gifts owns all proprietary and intellectual property rights in the Site (including text, graphics, logos, icons and sound recordings unless owned by manufacturers) and the software and other material underlying and forming part of the Services and the Site. You may not without our prior written permission, in any form or by any means:
(i) Copy, distribute, display, publish or create derivative works from any part of the Site; or
(ii) Commercialise, copy, or on-sell any information, or items obtained from any part of the Site.
(b) Any rights not expressly granted herein are reserved. You agree not to breach any trade mark, copyright, patent, design or other rights in relation to all trade marks, information, images, logos and other intellectual property included in the Site.
(c) No logo, graphic or image from the Freedom Gifts site may be copied or retransmitted unless expressly permitted in writing by Freedom Gifts.
(d) Do not copy any material unless you have the right or appropriate consent to do so.
(e) You agree not to download, copy, transmit or otherwise replicate any of the information on this Site, including comments, for any business purpose.
13.7 Entire agreement
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
13.8 Specific Agreement will prevail
Where you have entered into an agreement with Freedom Gifts ("Specific Agreement") then any conflicting provisions of that Specific Agreement shall prevail over this Agreement, except where particular matters are not dealt with in the Specific Agreement and in that case, this Agreement shall prevail.
13.9 Privacy
(a) You agree that Freedom Gifts may use personal information collected from you to assist us to provide the services to you, to verify your identity, for promoting and marketing of additional Freedom Gifts products and services to you, and for any other use that you authorise.
(b) Freedom Gifts does not allow third parties to access your personal information without your consent, however you agree that Freedom Gifts may disclose your personal information to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of our terms of trade.
You may contact us to request access to any information that we hold about you and you may also ask us to correct that information if you consider it to be inaccurate. Please feel free to contact us if you have any questions about the Terms and Conditions.
Terms & Conditions for Freedom Gifts last updated on Monday, 12 January 2009 at 1:19 p.m.
