Terms & Conditions
The information contained within this document relates to the FOXY BOXY Ltd online store, trading under ‘FOXY BOXY’ (www.foxyboxy.nz). This page sets out the terms and conditions under which we sell any of the items listed on our website to you. Please read these terms and conditions carefully before ordering any items from our site.
Acceptance Of Terms And Conditions
Using this website indicates that you accept these terms and conditions together with our Privacy Policy, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions then you should refrain from using this site.
Amendment Of Terms And Conditions
We may amend these terms and conditions for time to time. Amendments will be effective immediately on posting of the amended terms and conditions on this website. It is your responsibility to ensure that you are familiar with the latest terms and conditions. Your continued use of the site and our facilities represents your agreement to be bound by these terms and conditions.
Your Use Of Our Website And Services
At present we only deliver orders to customers in New Zealand. All statutory consumer rights apply only to customers domiciled in New Zealand at the time of contracting with us.
By ordering from us you warrant that you can form a legally binding contract and that all information you provide to www.foxyboxy.nz is true and correct.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you become aware of unauthorised use of your account, please notify us immediately. If you are under 18, you may use our website only with involvement of a parent or guardian. FOXY BOXY and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Prices
All prices are in NZD (New Zealand dollars) and include GST. We make every effort to ensure prices are accurate at the time you place your order. If an error is found we will contact you as soon as possible and offer you the option of confirming your order at the correct price, or cancelling.
We reserve the right to alter pricing at any time, however we will contact you to confirm any price changes (for example in the case of a special order on delayed delivery).
Intellectual Property
Copyright
All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of FOXY BOXY Ltd or its content suppliers and protected by New Zealand and international copyright laws. The compilation of all content on this site is the exclusive property of FOXY BOXY Ltd and protected by New Zealand and international copyright laws. You agree that you will not copy, reproduce, alter or display publicly any content from our website without our prior written permission.
Trademarks
FOXY BOXY and all related graphics, photographs, logos, and product and service names are trade marks (both registered and unregistered) of FOXY BOXY. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without FOXY BOXY’s express prior written consent.
Licence and Site Access
FOXY BOXY grants you a limited licence to access and make personal use of this site and not to download (other than page caching or to access inquiry forms designed for downloading) or modify it, or any portion of it, except with FOXY BOXY’s express prior written consent. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of FOXY BOXY. You may not use any metatags or any other hidden text using FOXY BOXY’s name or trademarks without FOXY BOXY’s express prior written consent. Any unauthorised use will automatically terminate the licence granted above.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to www.foxyboxy.nz so long as the link does not portray FOXY BOXY, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested by FOXY BOXY, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any FOXY BOXY logo or other proprietary graphic or trade mark as part of the link without FOXY BOXY’s express prior written consent.
Third Party Websites
FOXY BOXY may include links on this website to websites owned by other parties. FOXY BOXY is not in any way responsible for the material contained on these sites, nor is FOXY BOXY responsible for the availability of these sites. FOXY BOXY does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is FOXY BOXY responsible for any damage, offence or loss caused as the result of visiting these websites.
FOXY BOXY recommends that before you visit any website you check that your computer is running up-to-date virus checking software.
Privacy
Personal information provided to FOXY BOXY via this website will be handled in accordance with FOXY BOXY’s Privacy Policy.
Availability
All items are offered for sale subject to availability. If you see an “Out of Stock” sign on an item then contact us on sales@foxyboxy.nz and we will give you an estimated date of our new stock arrival.
If on receipt of your order the item(s) you have ordered are not in stock, we will inform you as soon as possible and cancel your order.
Product Descriptions
We make every effort to illustrate and describe our products as best as possible, but this may be limited by the screen settings of your personal monitor screen.
Orders And Payment
We accept payment by credit or debit card (Visa and MasterCard). Customers have the option to choose their preferred method of payment at the payment stage of checkout.
You warrant that all details you provide to us are true and correct and that you are an authorised user of the credit or debit card used to make your order. We will not process your order until payment has been received in full.
A GST invoice will be issued with every purchase. All orders are subject to availability and acceptance by us and we will confirm such acceptance to you by sending you an email that confirms the item has been dispatched.
If you make a mistake with your order you may be able to correct any mistakes made by emailing us prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched please return the item to us in accordance with our returns policy.
Online Security And Transmission Of Payment Card Data
We use Stripe for our online credit and debit card transactions. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.
We do not have access to your full credit or debit card number, as all data is transferred and secured by Stripe. We assume no liability for corruption of any data or information held by us.
Delivery
For all orders delivered to a New Zealand address, your FOXY BOXY gift box will be dispatched the same business day when ordered before 2pm. All orders that occur on Saturday and Sunday or public holiday will be dispatched on the next working day. Delivery costs are included in the advertised price.
We are also prevented from delivering alcohol on Good Friday, Easter Sunday, Christmas Day, or before 1pm on Anzac Day.
Your order will be sent via Courier Post Track and Trace (www.courierpost.co.nz). On dispatch we will email you the Courier Post tracking number. We are unable to redirect orders once the items have been dispatched.
Please note: Orders returned to FOXY BOXY due to incorrect address, failure to collect from New Zealand PostShop, or failure to contact courier after delivery attempt, will incur a re-shipping fee.
Damaged Parcels or Items
In the unfortunate event of a damaged or faulty package or item, FOXY BOXY will arrange for a replacement gift or item to be sent to you within a reasonable time-frame. Please contact FOXY BOXY sales@foxyboxy.nz within 48 hours of receipt of the gift with details of the damage and we will discuss the best way forward.
Your order is insured against damage and loss-in-transit providing you follow a few simple guidelines.
- By signing for the parcel you are saying it has been received in good order.
- Do not sign for your parcel until you have thoroughly inspected it and it’s in good condition.
- If you have any concerns, if there is visible damage to the outer packaging or something is damaged, you must note this on the paperwork.
- If there is any damage you need to notify us within 24 hours to qualify for an insurance claim. Do not discard any of the box, shipping label, packing material, or broken items. The delivery company will need to pick up the damaged goods. We are unable to send a replacement until this stage has been reached.
FOXY BOXY will, at all times, honor its obligations under Consumer Guarantees Act 1993.
Late Deliveries
Refunds will not be given for late delivery. FOXY BOXY will not be held liable for late delivery outside of our stipulated delivery time frames. We endeavour to ship your order promptly and without delay. If a delay does occur it is often during transit which is outside of our control. In the rare case of not receiving your parcel within the anticipated time frame, please email sales@foxyboxy.nz and we will follow up.
Our Liability To You
If we do not deliver your item or the item we deliver is damaged or defective or is not what you ordered our obligations are limited to our obligations under the Consumer Guarantees Act 1993 and any other relevant consumer rights legislation.
We have no liability to you for any consequential, special or indirect losses suffered.
We will not be liable or responsible for any failure to perform, or the delay in our failure to perform, our obligations in respect of these terms and conditions where that failure or delay is caused by events outside our reasonable control.
We will use our reasonable endeavours to ensure the availability of the website and services, subject to usual maintenance, system and internet disturbances and force majeure. We take no responsibility for any system unavailability or for any loss incurred as a result of website or services being unavailable.
We will not be liable for any damages arising from the use of this website or from use of the items listed on or purchased from this website. Our total aggregate liability to you will not exceed the amount paid by you for the item plus delivery costs.
Nothing in these terms and conditions excludes or limits your statutory rights.
Force Majeure
FOXY BOXY shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of the Terms, where this arises out of circumstances beyond the control of FOXY BOXY, including but not limited to acts of God; natural disasters; sabotage; accident; riot; shortage of supplies, equipment, materials; strikes and lockouts; civil commotion; computer hacking; or malicious damage.
Disclaimer
The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, FOXY BOXY does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, FOXY BOXY does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.
In addition, to the fullest extent permitted by law, FOXY BOXY does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. FOXY BOXY accepts no liability arising from your access to this website.
General
If we do not exercise or enforce any right available to it under these terms and conditions that does not constitute a waiver of our rights. If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
These terms and conditions are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand. These terms and conditions constitute the entire agreement between us and you.
About Us
www.foxyboxy.nz is a site operated by FOXY BOXY Limited. We are registered in New Zealand under company number 6099434 and our registered office is at 23 Paremata Street, Nelson, New Zealand. Our email address is info@foxyboxy.nz.