Terms and Conditions

Terms & Conditions

Welcome to SHOPGOOD. The website www.shopgood.co.nz (inclusive of all subdomains) and its associated features and any mobile applications (“Site") is owned and operated by Consumer Product Sourcing Limited (NZBN 9429032258059) of 38F Apollo Drive, Mairangi Bay, Auckland 0632, New Zealand (“SHOPGOOD”, "we", "our", "us").

These Terms and Conditions (“Terms”), which incorporate our Privacy Policy and other documents referred to in these Terms, govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, posting content, using the Site or ordering a product (“Order”), you agree to be legally bound by these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

ACCESS AND USE OF THE SITE
INFORMATION ON THIS SITE
ORDER AND FORMATION OF CONTRACT
DELIVERY
CANCELLATION
PRICES
DONATIONS
FAULTY PRODUCT RETURNS
CHANGE OF MIND RETURNS
STORE CREDIT
SPECIFIC PROMOTIONS
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
DISCLAIMER AND LIABILITY
INDEMNITY
OPTIONAL TOOLS / THIRD-PARTY LINKS
PRIVACY POLICY AND COMMUNICATIONS
DISPUTE RESOLUTION
GENERAL
DEFINITIONS AND INTERPRETATION

1. ACCESS AND USE OF THE SITE

1.1 You must only use the Site in accordance with these Terms and any applicable law.

1.2 You must not (or attempt to):

(a) interfere with or disrupt the Site or the servers or networks that host the Site;

(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;

(d) decompile, disassemble or otherwise reverse engineer all or any portion of the information or Site, including any source code, object code, algorithms, methods or techniques used or embodied therein; or

(e) remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on the Site.

1.3 To access some features of the Site, you must register an account with us (“Account”). To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address. You must not register more than one Account. You should not create an Account if you are under 18 years old.

1.4 To place Orders using an Account you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian.

1.5 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

1.6 You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact Customer Service immediately and take immediate steps to re-secure your Account (including by changing your password).

1.7 You agree to provide current, complete and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

1.8 We do not warrant that the Site will be available at all times and without disruption.

1.9 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:

(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none;

(b) in a way that is illegal; or

1.10 This Site is controlled and operated from New Zealand. We make no representation or warranty that the material on this Site is appropriate or available for use in other countries or that such material satisfies the laws of other countries. If you choose to access this Site from countries outside New Zealand, you do so of your own initiative. You are responsible for ensuring that your access to this Site is not illegal or prohibited and for compliance with applicable local laws. You may not use or export the materials in this Site in violation of New Zealand laws and regulations.

2. INFORMATION ON THIS SITE

2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to us.

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

2.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

2.4 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour or texture) from the way they appear on the Site.

2.5 Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Site should be taken to indicate that all information on the Site has been modified or updated. We are not responsible if information made available on this Site is not accurate, complete or current.

3. ORDER AND FORMATION OF CONTRACT

3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

3.2 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in New Zealand dollars.

3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service or provide any warranties or assurances about them.

3.4 By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

3.5 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer Service immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

3.6 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement of receipt of your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. If you don’t receive an Order confirmation e-mail from us, first check your junk folder in case our emails are buried in there. If you still haven’t heard from us, let us know at Customer Service. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:

(a) unavailability of stock (in which case we may ask you to re-submit your Order);

(b) we suspect that you might on-sell our products to other consumers;

(d) if there has been an error in the imagery, price or product description on the Site.

In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made.

3.7 Until your Order is accepted by us, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method (or another suitable method). We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.

3.8 We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited.

4. DELIVERY

4.1 We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within 3 - 5 business days. We assume no liability for delays caused by external factors including, but not limited to, congestion in the courier network, adverse weather conditions, failed deliveries, or any other circumstance that may impact the timely delivery of your goods.

4.2 To the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.

4.3 We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery partners may contact you via SMS or email prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point. If you are aware that your address may be difficult for couriers to reach or have other special circumstances surrounding a delivery, please contact us at Customer Service to discuss your options.

4.4 By default, you provide authority to leave items at the address specified in your Order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to us. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or

(b) no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Order, in which case we will refund to you any money paid to us in accordance with sections 8 or 9 below (if applicable), less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

4.5 Please note that we only deliver to valid delivery addresses (being a residential or business address) in New Zealand. We do not deliver to PO Boxes.

4.6 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

5. CANCELLATION

5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product (or an alternative suitable method). If the refund transaction fails, we will advise you of this and make arrangements to process the refund via a different method.

5.2 If you wish to cancel your Order, please contact our Customer Service. Once an Order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with sections 8 and 9 below (if return is permitted under such sections).

6. PRICES

6.1 All prices for products are stated in New Zealand dollars and include New Zealand goods and services tax.

7. DONATIONS

7.1 SHOPGOOD operates a model whereby a percentage of the (GST inclusive) price of each product purchased (net of Delivery Fees) is donated to charity. The applicable charity that will receive the donation relating to your Order is either stated on the Site or can (where such optionality is offered on the Site) be chosen by you from a pre-determined list of charities at the time of placing an Order. The amount of the donation (Donation) will be clearly stated at the time you place the Order. Please note that Donation may not be made (or may be unwound or paid back to us) if an Order is cancelled or if a refund or credit is provided by us to you in connection with the Order.

7.2 The Donation will be a donation from us to the applicable charity. We will make the Donation on our own account and not on your behalf or as your agent.

8. FAULTY PRODUCT RETURNS

8.1 We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact Customer Service as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.

8.2 If the product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method (or alternative acceptable method), as appropriate. If the product is found not to have a defect, deemed out of warranty, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.

8.3 It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

8.4 If we have made a shipping error, please contact us at Customer Service immediately so we can rectify this issue for you. All freight costs will be on us.

9. CHANGE OF MIND RETURNS

9.1 In addition to your rights in relation to faulty products in clause 8, and subject to the restrictions set out in 9.3, you can return any product:

(a) as long as you have notified us at Customer Service of your intention to return the relevant product, you follow any reasonable instructions we may give and the return is placed in the post (or sent to us by courier) within 30 days of receipt of order confirmation email (or longer promotional return period, if applicable). We strongly recommend using a tracked postal service with insurance as lost product is your responsibility;

(b) unworn and unused and in a saleable condition with the original tags still attached;

(d) it has not been specifically excluded from the change of mind returns policy, such as ‘Final Sale’ items and items excluded for hygiene reasons. The exclusion will be noted on the relevant product page on the Site and / or at checkout.

9.2 Please note that return shipping charges are the responsibility of the customer, except in cases where we have made a shipping error or there is a warranty issue.

9.3 Products sealed for hygiene reasons can only be returned under change of mind returns policy if the seal is intact. Beauty products cannot be returned if they are opened and/ or used (unless faulty).

9.4 Upon receipt and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with clause 9.1, we will either:

(a) refund the price of the product returned to your original payment method (or another suitable method); (b) exchange the product for another size, subject to availability;

9.5 We will not refund any Delivery Fees that you have paid at purchase to have the product shipped to you, or the cost of any packaging you provide, or delivery costs you incur, to send the items back to us. If the return, in our reasonable opinion, is not in compliance with clause 9.1, we will contact you to ship the product back to you at your cost or will otherwise make the product available for collection by you (which collection must take place within 30 days of us notifying you that the product is available for collection).

9.6 We monitor return rate frequency and value for fraud, abuse and general security purposes. In the event of elevated return frequency and values, we are entitled to close or block access to your Account or deny you from making future orders.

9.7 Nothing in this clause is intended to exclude any rights in clause 8 or any of your statutory rights as a consumer under Consumer Law.

10 SPECIFIC PROMOTIONS

10.1 From time to time we may run promotions on our Site which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference. Promotion-specific terms may include conditions in respect of selected styles, brands, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, partner promotions, games of chance or games of skill. These promotion-specific terms will be stated separately on the Site and you will be directed to these terms (if any) prior to placing the Order.

10.2 You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).

11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

11.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

11.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

11.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

11.4 You may revoke your permission for us to use your comments at any time by sending a request to Customer Service. Upon receiving such a request, we agree to remove your comments from our online platforms as soon as reasonably practicable, and to the extent reasonably technically practicable.

11.5 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

12. DISCLAIMER AND LIABILITY

12.1 This clause prevails over all other clauses, and, to the extent permitted by law (including the Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:

(a) the performance, non-performance, purported performance or delay in performance of these Terms or an Order or the Site (or any part of it or them); or

(b) otherwise in relation to these Terms or the entering into or performance of these Terms.

12.2 Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:

(a) fraud;

(b) any breach of the obligations implied or guaranteed by law (including the consumer guarantees under Consumer Law); or

12.3 In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.

12.4 Subject to clause 12.2:

(a) To the extent permitted by law (including the Consumer Law), we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.

(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.

(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements.

(e) All products should be used strictly in accordance with any instructions. You should always check product ingredients or materials, particularly where allergies or sensitivities are known. In the event of any adverse reaction, please discontinue use and seek medical assistance.

(f) We do not accept and hereby exclude any Liability other than any such Liability arising pursuant to the provisions of these Terms.

(g) We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.

(h) Despite any other provision of these Terms to the contrary and to the extent permitted by law (including the Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

13. INDEMNITY

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. OPTIONAL TOOLS / THIRD PARTY LINKS

14.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

14.2 Certain content, products and services available via our Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

15. PRIVACY POLICY AND COMMUNICATIONS

Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy click here.

When you provide us with your email address or mobile phone number, you may opt in to electronic communications in respect of news, promotions, and updates on the status of returns and refunds. We may also communicate with you electronically as set out in the Privacy Policy. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service and the Site

16. DISPUTE RESOLUTION

In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Customer Service team at first instance.

17. GENERAL

17.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.

17.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

17.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, epidemic, pandemic, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

17.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

17.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

17.6 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

17.7 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

17.8 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New Zealand and both parties hereby submit to the jurisdiction of the courts of New Zealand.

18. DEFINITIONS AND INTERPRETATION

18.1 Definitions
In these Terms, terms are defined either (i) in the body of these Terms above, or (ii) defined as set out below, unless the contrary intention appears:

Consumer Law means the Consumer Guarantees Act 1993;

Liability means liability in or for breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract); and

“SHOPGOOD”, "we", "our", "us" means Consumer Product Sourcing Limited (NZBN 9429032258059) of 38F Apollo Drive, Mairangi Bay, Auckland 0632, New Zealand and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.

18.2 Interpretation

(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.

(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.

(d) References to includes or including or like words or expressions shall mean without limitation.

These Terms were last updated on 1 November 2021.