Terms of service
Introduction
The Better Kiwi Company is a New Zealand-owned online marketplace that connects customers with New Zealand-owned businesses ("Sellers").
By accessing or using our marketplace, website, apps, or social media channels, you agree to these Terms of Service and our Privacy Policy.
We may update these terms from time to time. Any changes will be published on our platform and, where significant changes are made, we will take reasonable steps to notify users. By continuing to use our services after changes are published, you agree to the updated terms.
If there is any conflict between a Seller's terms and these Terms of Service, these Terms of Service will take precedence.
1. Using the Platform
1.1 Creating an Account
You must register an account before placing orders through The Better Kiwi Company.
When registering, you'll need to provide accurate and up-to-date information, including:
- Full name
- Address
- Mobile number
- Email address
You are responsible for keeping your account details current.
Only one account is permitted per user.
We reserve the right to suspend or deactivate accounts if we believe they are being used inappropriately or in a way that breaches these Terms.
1.2 Using Your Account
You are responsible for all activity that takes place under your account and for keeping your password secure.
We are not responsible for unauthorised access to your account if your login details have not been adequately protected.
If you believe your account has been compromised, you must notify us immediately and take steps to secure your account.
You must not:
- Attempt to gain unauthorised access to our servers or systems.
- Interfere with, damage, or disrupt the platform.
- Modify, copy, or misuse any part of the platform or its supporting systems.
While we do our best to keep the platform available, we cannot guarantee uninterrupted access at all times. We may update, modify, or remove content and features without notice.
Our platform may occasionally contain links to third-party websites. These are provided for convenience only, and we are not responsible for the content, services, or availability of those sites.
1.3 Placing an Order
Product information displayed on the platform is supplied by the Sellers.
While we encourage Sellers to provide accurate information, The Better Kiwi Company cannot guarantee that all product details, descriptions, specifications, or images are completely accurate. We recommend reviewing product details carefully and making your own enquiries before purchasing.
Due to photography, screen settings, and device displays, actual product colours and appearances may vary slightly.
All product listings are invitations to purchase and are not offers by The Better Kiwi Company to supply products directly.
To place an order:
- Add products to your cart.
- Complete checkout and payment.
- Receive an order confirmation.
- The Seller will review and either accept or decline the order.
If the Seller is unable to fulfil your order, any payment made will be refunded in full.
Age-Restricted Products
Some products may only be purchased by customers of a certain age.
By purchasing an age-restricted product, you confirm that:
- You meet the legal age requirements.
- You are not purchasing on behalf of someone who does not meet those requirements.
The Seller may require proof of age before delivery.
Please Note
Any loyalty programmes, rewards programmes, or retailer-specific discounts offered by individual Sellers generally do not apply to purchases made through The Better Kiwi Company unless specifically stated.
1.4 Cancelling an Order
We may cancel orders if we reasonably believe they:
- Are fraudulent.
- Involve payment fraud or stolen payment methods.
- Have been placed for commercial or resale purposes.
- Result from an obvious pricing or listing error.
If we cancel an order, you will receive a full refund.
You may request to cancel an order before it has been marked as shipped.
If the Seller agrees to the cancellation, you will receive a refund less any payment processing fees and reasonable administration costs already incurred.
Submitting a cancellation request does not guarantee your order can be stopped before shipping.
1.5 Promotions and Special Offers
Promotional codes and discounts may be offered from time to time.
By using a promotional code, you agree to the following:
- Promotions apply only to eligible products.
- We may modify or withdraw promotions at any time.
- Discounts must be applied during checkout and cannot be added after an order is placed.
- Shipping costs are excluded unless otherwise stated.
- Only one promotional code may be used per order unless otherwise specified.
- Promotional codes are generally limited to one use per customer unless stated otherwise.
- Gift cards, prepaid memberships, and age-restricted products such as alcohol may be excluded from promotions.
If a conditional promotion has been applied to an order, such as free shipping or a minimum-spend discount, and part or all of the order is later refunded or cancelled, we may adjust the value of the promotion accordingly.
Returns Involving Promotional Codes
Where a promotional code was used, coupon values will generally only be reimbursed if the returned item:
- Is faulty.
- Was incorrectly supplied.
- Arrived damaged.
- Differs significantly from the advertised product description or images.
1.6 Pricing
All prices are displayed in New Zealand dollars (NZD) and include GST unless otherwise stated.
Prices may change at any time without notice.
Shipping and delivery charges, where applicable, will be shown separately during checkout.
2. Your Order
2.1 Purchasing from Sellers
When you purchase through The Better Kiwi Company, you are purchasing directly from the Seller.
To the extent permitted by law, The Better Kiwi Company does not guarantee or warrant the quality, accuracy, suitability, or performance of products supplied by Sellers.
Under the Consumer Guarantees Act 1993, the Seller is generally considered the supplier and is responsible for meeting applicable legal obligations, guarantees, and warranties.
2.2 Delivery
Delivery times are set by individual Sellers and may vary.
Once your order has been processed, you can track its progress through your account. Depending on the Seller and courier used, tracking information may be available directly through the platform or via a courier tracking link.
2.3 Returns and Refunds
Most products sold through The Better Kiwi Company are covered by consumer guarantees that cannot be excluded under the Consumer Guarantees Act 1993.
If you believe a product does not meet these guarantees, you may be entitled to a repair, replacement, or refund.
If your goods are damaged, faulty, lost during delivery, or otherwise qualify for a refund or replacement, please contact the Seller first. If you are unable to reach a resolution, you may contact The Better Kiwi Company by emailing:
email@thebetterkiwi.co.nz
We will work with the Seller to assist in resolving the issue and may request supporting information from you to help investigate the matter.
If free shipping was provided and an item is returned due to a change of mind, the Seller may deduct the original shipping cost from the refund.
Additional conditions may apply under our Returns and Refund Policy.
2.4 Consumer Rights
Nothing in these Terms limits or removes any rights you may have under:
- The Consumer Guarantees Act 1993
- The Fair Trading Act 1986
- Any other rights that cannot legally be excluded under New Zealand law
Our policies are intended to support these rights, not replace them.
3. General Terms
3.1 Privacy
We are committed to protecting your privacy.
By using our platform, you agree to the collection, storage, use, and disclosure of your information in accordance with our Privacy Policy.
To process your orders, we may share relevant personal information with the Seller fulfilling your purchase.
Each Seller is responsible for its own privacy practices. We are not responsible for how Sellers collect, use, or protect information once it has been shared with them for order fulfilment purposes.
3.2 Intellectual Property
All content on The Better Kiwi Company platform, including text, graphics, logos, software, designs, and other materials, is owned by or licensed to us and is protected by intellectual property laws.
You may not copy, reproduce, modify, distribute, or use our content, branding, or platform without our prior written permission.
If you send us feedback, suggestions, reviews, testimonials, or other communications, you grant us a worldwide, perpetual, royalty-free licence to use, display, publish, reproduce, and share that content for promotional, marketing, and business purposes.
3.3 Liability Disclaimer
Nothing in these Terms is intended to limit any rights or protections that cannot legally be excluded under New Zealand law.
To the maximum extent permitted by law, The Better Kiwi Company is not responsible for any loss, damage, or costs arising directly or indirectly from:
- Information provided by Sellers.
- Products supplied by Sellers.
- Your reliance on information published by Sellers.
- Any actions taken using the platform.
You agree to indemnify and hold harmless The Better Kiwi Company, its directors, employees, contractors, and representatives against claims, losses, costs, or expenses arising from your breach of these Terms.
3.4 General Legal Provisions
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
If we choose not to enforce a provision of these Terms, this does not waive our right to enforce it later.
These Terms are governed by the laws of New Zealand.
By using the platform, you agree to the exclusive jurisdiction of the New Zealand courts in relation to any dispute arising from these Terms or your use of the platform.
3.5 Fair Use Policy
Products offered through The Better Kiwi Company are intended for personal use by registered customers.
We reserve the right to refuse, limit, or cancel orders that we reasonably believe are:
- Intended for resale or wholesale purposes.
- Being purchased for commercial use.
- Designed to exploit promotions, discounts, or pricing errors.
Some promotional products may be limited to one item per customer.
We may monitor discount usage and promotional activity to identify misuse or abuse.
If we determine an order breaches our Fair Use Policy, we may cancel the order and provide a full refund to the original payment method.
Repeated abuse of promotions, discounts, or marketplace policies may result in account suspension or permanent closure.