Terms & Conditions

Terms & Conditions

  1. Introduction
    These terms and conditions (“Terms”) govern your use of the online store at www.Spoil.co.nz (“Spoil Online Store”). By placing an order through Spoil Online Store, you express your understanding and agreement that you are bound by these Terms, in addition to the general terms on Spoil website at www.Spoil.co.nz (“General Terms”). If you are unwilling to be bound by these Terms and the General Terms, you may not use Spoil Online Store.

  2. Pricing and Payment
    All prices on Spoil Online Store are given in New Zealand Dollars ($) and are shown inclusive of Goods and Services Tax (GST) at the current rate of 15% but exclusive of delivery costs.
    We accept payment by credit card and debit card (MasterCard and VISA only). The payment system we use is provided by Stripe Payment. Using this system means that we do not record your credit card details, and it is a secure gateway for online payment. If you are interested in reading more about you can see their website at www.stripe.com
    Spoil Online Store does not accept EFTPOS, cash, cheque or any other form of payment.
    The price of any product is the price in force at the date and time of your order. We may change the price of any product before you place an order.
    In the event of pricing errors, we will inform you if a product’s correct price is higher than that stated in your order and you may cancel the order.
    Please note that Spoil Online Store only delivers within Auckland, New Zealand. Please see Section 5 “Shipping” for more information about delivery costs and delivery dates.

  3. Availability
    All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available. We use a physical depot which shares the limited stock for other customers so if an item in our depot is under stocked or unavailable then the item online will not be available. In this case we will inform you as soon as possible and do our best to fulfil the order, cancel the order or amend your order to substitute the unavailable items with available items at your discretion.
    To ensure availability of all our products, customers may be limited to a maximum number of items. Spoil reserves the right to limit the range of products available.

  4. Online Process
    After you’ve successfully placed an order and made the full payment via our payment gateway, we are committed to dispatch your order within the 1-3 working days. You may be able to cancel your order within the first 4 hours after placing it while the order still hasn’t been fulfilled by us at the time of raising your cancel request. Orders outside this timeframe or have already been fulfilled by us are not cancellable.

  1. Shipping
    Delivery is only available to New Zealand physical addresses (post boxes and private bag numbers not permitted).
    Delivery will be made to the address specified by you on the completed order form. Ownership, responsibility and risk in the products will pass to you when delivered at the address specified (even you were not attended at the time of the delivery). 

  2. Returns and Exchanges
    There will be no returns or exchanges on any items unless the items are defective or you have received an incorrect order.
    If you are unhappy with the products you have received from us (including if the products are defective), please contact use via email or Facebook Messenger. You must notify us of your intention to exchange a product within 4 days of receiving the product by emailing the Spoil Store at info@Spoil.co.nz.
    If there is a question about an item’s quality before we send the item, a member of Spoil team will endeavour to contact you first to ensure another product is sent in place of the purchased item. If you are unhappy with the replacement item once you receive it you can contact us on info@Spoil.co.nz and a staff member will offer you a replacement, a credit note, or a refund, to the value of the item at the time of purchase and any shipping costs incurred.
    Returns and exchanges received outside the above time frames will not be accepted. For all returns, you will be required to arrange and pay for the return of the products to us.

  3. Accuracy of Content
    We take every care to ensure that the description and specification of our products in Spoil Delivery service are correct at the time of publication. However, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you. Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on Spoil online store. Prices on Spoil Online Store are current at time of display and subject to variation without notice. We will do our best to display accurate descriptions and pricing, but are unable to warrant that the product descriptions or other content of Spoil Online Store are accurate, complete, reliable, current or error free. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on Spoil Online Store.

  4. Liability and Indemnity
    These Terms are subject to any obligations we have under the Consumer Guarantees Act 1993 (“CGA”) set out below.
    The liability of Spoil whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a product or any other breach of Spoil's obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant product.
    Neither Spoil or any other related company of Spoil shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from, or in relation to, your use of, or inability to use, Spoil Online Store, or the delivery or failure to deliver any products.
    Notwithstanding any other term, you agree to indemnify Spoil and any of its related companies against all liabilities, losses, claims, demands and expenses suffered or incurred by Spoil or a related company of Spoil, arising directly or indirectly out of your use of Spoil Online Store, any breach of these Terms or your use of any products.

  5. Consumer Guarantees Act
    You acknowledge that where products are ordered for business purposes (as the term “business” is defined in the CGA), the provisions of the CGA shall not apply to the sale of products by Spoil.
    You agree that nothing in these Terms is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these Terms shall be read as modified to the extent necessary to give effect to that intention.
    New Zealand law governs the use of Spoil Online Store and these Terms.

  6. Intellectual Property
    All right, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to Spoil Online Store and its contents is owned by, and shall at all times remain the exclusive property of, the Spoil, its licensors and the providers of any other products and services accessible through Spoil Online Store, and is protected by New Zealand and international law. Nothing in these Terms shall constitute any licence of intellectual property rights to you.

  7. Force Majeure
    If the performance by Spoil of its obligations under these Terms is prevented by an occurrence out of Spoil's control, a “force majeure” (which shall include drought, fire, flood, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strike, labour dispute, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failure, or other cause whatsoever (whether similar to the foregoing or not beyond the reasonable control of Spoil) Spoil shall be excused from such performance until the “force majeure” ends.

  8. Variation of Terms and Conditions
    From time to time Spoil may vary these Terms without notice. Please check these Terms periodically for changes. Your continued use of Spoil Online Store after the Terms have been changed indicates your acceptance of those changes.

  9. Privacy and Security
    Spoil collects customer information so that we can process your orders as efficiently as possible. All your information is kept secure and we will not disclose or share this information to other parties under any circumstances. Please read our privacy policy, included in the General Terms.
    We do not record credit card details; all credits cards are processed by Stripe Payment.
    Joining Spoil mailing list is optional, although recommended. It will allow us to keep you up to date with the latest information including what’s new in store. If you have signed up to our mailing list and would like to unsubscribe, please email Spoil Store at info@Spoil.co.nz

  10. Promotions and Promotional Codes
    The Spoil may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future services, or other features or benefits related to the services, subject to any additional terms that the Spoil establishes. You agree that Promo Codes:
    (i) must be used for the intended audience and purpose, and in a lawful manner;
    (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Spoil;
    (iii) may be disabled by Spoil at any time for any reason without liability to Spoil;
    (iv) may only be used pursuant to the specific terms that Spoil establishes for such Promo Code;
    (v) are not valid for cash; and
    (vi) may expire prior to your use.
    Spoil reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Spoil determines or believes that the use of the referral system or use/redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Spoil's Terms.

  11. Facebook Competition Terms and Conditions
    This competition is in no way endorsed by, or associated with, Facebook.
    The competition will run for a stated period. Spoil will choose a winner at their sole discretion. The winner will be contacted via a reply to their entry comment.
    Any false entries, or cheating of any kind, will render all entries from that person invalid.
    All other Spoil’s Terms and Conditions still apply.