Terms of service

1. Terms and Conditions (aangepast voor Daily-Appeal / New Zealand)

1. Introduction
1.1 These terms and conditions ("Terms") apply to your use of the Daily-Appeal website (the "Website") or your purchase of products offered through the Website ("Products").
1.2 Defined terms and interpretations of these Terms are set out in Section 26.

2. Acceptance
2.1 You represent and warrant that:
(a) You are a natural person and are at least 18 years old;
(b) You have the power to enter into a legally binding contract with us; and
(c) You are not prevented by any applicable law or treaty from entering into a legally binding contract with us.

2.2 We reserve the right to request written confirmation of your authority to accept these Terms.

2.3 You represent and warrant that you:
(a) Have not been convicted of any computer- or internet-related offence; and
(b) Have not previously been refused Products or access to the Website.

2.4 We reserve the right to refuse you access to our Website if we consider such refusal necessary or appropriate.

2.5 By placing an Order, you confirm:
(a) That you have read these Terms carefully and in full;
(b) Your offer to purchase in accordance with these Terms;
(c) Your agreement that any Order Confirmation will be based solely on these Terms; and
(d) Your undertaking to comply with these Terms.

2.6 If you do not agree to these Terms, you must not use the Website or purchase any Products.

2.7 You must expressly agree to these Terms to:
(a) Submit information to or through our Website; or
(b) Purchase a Product.

2.8 By visiting our Website, purchasing Products, or agreeing to these Terms:
(a) You also agree to our Privacy Policy; and
(b) You accept and agree to comply with our Acceptable Use Policy (see Section 12).

2.9 We recommend that you keep a copy of these Terms for future reference.

3. Personal Use
You confirm that you will use the Website to purchase Products solely for your own personal, non-commercial use, and not on behalf of any other person.

4. Prices
4.1 The prices of Products shown on our Website are inclusive of delivery charges, but exclusive of any customs duties, import taxes, levies, or other governmental charges relating to the importation of Products into New Zealand ("duty unpaid and untaxed").

4.2 Any duties, taxes, fees, levies, or other governmental charges relating to the importation of Products to your delivery address are your responsibility and are not included in the Product price. As our Products are shipped from suppliers based in Asia, deliveries may incur additional costs for which we are not responsible, including customs duties or import GST. Please check with our customer service team whether customs duties may apply to your order before purchasing. You are the "importer of record" and are responsible for the correct payment of any customs duties and/or import GST, and for complying with all applicable New Zealand import laws and regulations.

4.3 We do our best to ensure that all details, descriptions, and prices on our Website are correct. If a pricing error occurs, we will notify you as soon as possible and give you the opportunity to reconfirm your order at the correct price or cancel it. If we cannot reach you or receive no response, the order will be treated as cancelled and you will receive a full refund.

4.4 We are not obliged to fulfil an Order if the price quoted on the Website is incorrect, even after you have received an Order Confirmation.

4.5 Prices may change from time to time; however, such changes will not affect an Order for which an Order Confirmation has already been sent.

5. Placing an Order
5.1 All orders are subject to stock availability. If we have sufficient stock, you will receive an Order Confirmation. If we are unable to fulfil your order, we will inform you by email and refund any payment made.

5.2 A contract is only formed once we issue an Order Confirmation, and only for the Product(s) listed in it. These Terms form an integral part of that contract.

5.3 If your order contains more than one Product, items may be delivered separately.

5.4 We reserve the right to remove Products from the Website, or to edit or remove any content, at any time. We are not liable to you for doing so.

5.5 We reserve the right to refuse or reject any order at any time, even after an Order Confirmation has been sent. We are not liable to you for any such cancellation or rejection.

5.6 If we cancel your order after payment has been received, you will be refunded in full.

6. Payment
6.1 You can pay for Products using any of the payment methods listed on our Website.
6.2 You may pay for all or part of your order using a promotional voucher we make available. Vouchers can only be redeemed online at checkout.
6.3 We may use payment intermediaries to process payments between you and us. You agree that we may share relevant documents and information, including personal data, with these intermediaries.
6.4 We are not a regulated payment processor or money service provider and are not responsible for payment failures caused by payment intermediaries.
6.5 You are responsible for providing complete and accurate payment information, and all payments must be made using your own funds. By placing an order, you confirm:
(a) The payment method used belongs to you;
(b) Where applicable, you are the rightful holder of any promotional voucher used; and
(c) You have sufficient funds to pay for the order.
6.6 We are not responsible for unauthorised use of your payment card by third parties, even if reported stolen. We may report fraudulent payments or other illegal activity to relevant authorities.
6.7 You must not make or attempt any chargebacks or reverse any payments made for Products.
6.8 You agree to fully indemnify us against any chargeback, cancellation of payment, or related loss, cost, liability, or expense we may incur as a result.

7. Delivery
7.1 We will endeavour to deliver your order to the delivery address provided at checkout.
7.2 We will indicate an expected delivery timeframe at checkout.
7.3 We may notify you if we are unable to meet the estimated delivery date. To the extent permitted by law, we are not liable for any loss arising from delivery delays.
7.4 If we are unable to deliver to certain locations, we will inform you and arrange to cancel and refund the order, or deliver to an alternative address confirmed by you.
7.5 Risk in the Products passes to you upon delivery to the delivery address, unless delivery is delayed due to your breach of these Terms.
7.6 If you are unable to accept delivery, the courier may leave instructions for redelivery or collection.
7.7 If delivery is delayed due to your unreasonable refusal to accept it, we may charge you reasonable costs incurred in returning the order to us.
7.8 Orders are dispatched within 1–3 business days of confirmed payment. Standard delivery takes 4–10 working days in total (processing plus delivery), as set out in our Shipping Policy. As our Products are shipped by our suppliers based in Asia once your full order is available, delivery times may occasionally extend beyond this estimate.
7.9 Any customs duties, import GST, levies, or other official charges relating to the import of Products into New Zealand are your responsibility and are not included in the Product price. Please check applicable New Zealand customs duties and import GST rules before placing your order. You are responsible for ensuring compliance with all New Zealand import laws and regulations upon receipt of the goods.

8. Cancellation or Modification of Orders
8.1 You may cancel or amend your order by emailing us within 24 hours of placing it.
8.2 Once this 24-hour window has passed, or once your order has been processed, it can no longer be cancelled or changed. Instead, the order must be returned to us in accordance with Section 10 (Returns and Refunds) once received. As our Products are shipped from Asia, transit times may be longer and are beyond our control.

9. Defective Products
9.1 You acknowledge that Products are standard products and are not custom-made to your particular requirements.
9.2 All product descriptions, information, and materials on the Website are provided "as is" without express or implied warranty, except as required under the Consumer Guarantees Act 2020.
9.3 Product illustrations may differ slightly from the actual item received.
9.4 If you receive a faulty product, please email us with a description of the fault and photographic evidence.
9.5 You may return the product to us in accordance with Section 10.
9.6 We will examine the product upon receipt; processing time will depend on your order.
9.7 We will inform you by email once we have confirmed the Product is defective.
9.8 Our sole obligation to you in respect of a confirmed defective Product is, at our discretion, either:
(a) To replace the Product at no cost to you, including return delivery costs; or
(b) To refund you the price paid for the Product, including the cost of returning it to us, using your original payment method.
9.9 If we determine the Product is not defective, we may, at our discretion, decline to refund the purchase price and may charge you reasonable service costs, to the extent permitted by law.

10. Returns and Refunds
10.1 Our Return Policy forms part of these Terms.
10.2 If you are not completely satisfied with your order, you may return it within 30 days of the date you (or a nominated third party) received the last Product in your order. Please register your return with our customer service team before sending it back.
10.3 Return shipping costs are at your own expense, except where the Product is faulty or defective, in which case there is no charge to you for the return (see Section 9).
10.4 We must receive the returned product before you are entitled to a refund. We will inspect the product upon arrival.
10.5 The product must be returned unused, in its original packaging, with labels intact. We reserve the right to decline returns received in an unsuitable condition.
10.6 Our processing time for returns depends on your order.
10.7 If we approve your return, we will notify you by email and issue a refund promptly to your original payment method.
10.8 The return is complete once we have received the physical goods.

11. Vouchers
11.1 You may use promotional vouchers or discounts when paying for Products on our Website.
11.2 To use a voucher, the code must be entered at checkout.
11.3 Once applied, the voucher or discount will count towards your order total.
11.4 Only one promotional voucher or discount may be redeemed per order.
11.5 Voucher credit does not bear interest and has no cash value.
11.6 If voucher credit is insufficient to cover your order, you may pay the difference using another available payment method.
11.7 If you return an order paid for partly with a voucher, the voucher value will not be refunded; any amount paid via a separate payment method may be refunded.

12. Permitted Use
12.1 You may not ("Prohibited Actions"):
(a) Use our Website in any way that causes or may cause damage to it, or impairs its performance, availability, or accessibility;
(b) Use our Website in an unlawful, fraudulent, or harmful manner;
(c) Use our Website to transmit or distribute spyware, viruses, Trojan horses, worms, keyloggers, rootkits, or other malicious software;
(d) Conduct systematic or automated data collection (scraping, data mining, or harvesting) without our express written consent;
(e) Access our Website using any robot, spider, or other automated means;
(f) Violate the guidelines in our Website's robots.txt file;
(g) Use data collected from our Website for direct marketing purposes (email, SMS, telemarketing, or direct mail);
(h) Use data collected from our Website to contact individuals, companies, or other entities;
(i) Use or direct our Website to interact with devices without express authorisation;
(j) Use our Website's infrastructure to initiate or participate in hacking attacks or send harmful network traffic;
(k) Copy, publish, modify, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive our Website's source code or structure;
(l) Use our Website to create a competing product or service, or to communicate comparative studies to third parties;
(m) Sell, assign, sub-license, transfer, distribute, or lease your access to the Website;
(n) Make the Website available to third parties via a private network;
(o) Edit or modify any content or material copied from our Website;
(p) Use the Website in any way prohibited by applicable law or regulation;
(q) Make unauthorised requests or orders; or
(r) Place speculative, false, or fraudulent orders.

12.2 You agree to be liable to us for any damage, loss, or expense we suffer as a result of any Prohibited Action committed by you.

12.3 You will notify us as soon as possible if you become aware of anyone engaging in a Prohibited Action, and will assist any investigation we carry out.

12.4 You must ensure that any information you provide to us:
(a) Is true, accurate, current, and complete;
(b) Complies with all applicable laws and regulations;
(c) Does not infringe the privacy, data protection, confidentiality, or intellectual property rights of any person; and
(d) Is not offensive, abusive, defamatory, misleading, illegal, or otherwise objectionable.

12.5 You will promptly provide any documents or information we request to verify your identity, and will keep all information you provide to us up to date.

12.6 You are solely responsible for complying with all applicable laws relating to your use of the Website.

12.7 Please email us if you become aware of any material or activity on our Website that does not comply with these Terms.

13. Links to the Website
13.1 Links from our Website to third-party sites are for information only and do not constitute a recommendation or endorsement.
13.2 We have no control over the content of third-party sites linked to or from our Website.
13.3 You may link to our homepage in a fair and legal manner that does not damage our reputation.
13.4 You must not create a link suggesting any association, authorisation, or approval by us where none exists.
13.5 You must not link to our Website from a site you do not own.
13.6 You may not embed our Website in frames, or link to any page other than our homepage.
13.7 We reserve the right to withdraw permission to link at any time.
13.8 Please contact us for approval of any link that does not comply with this Section 13.

14. Intellectual Property Rights
14.1 The code, structure, and organisation of the Website are protected by intellectual property rights.
14.2 We are the owner or licensee of all intellectual property rights in our Website and its content. All such rights are reserved.
14.3 You may only use the Website and its content for personal, non-commercial use, in accordance with these Terms.
14.4 You agree to inform us of any suspected infringement of our intellectual property rights.
14.5 You may not use our trademarks without our prior written consent.

15. Data Protection
15.1 Our Privacy Policy forms part of these Terms.
15.2 We use cookies on our Website, including to track how customers prefer to view it. By accepting these Terms, you agree to our use of cookies for this purpose. See our Privacy Policy for further details.
15.3 We will process any personal data you provide to us in accordance with your instructions and take appropriate security measures to protect it against unauthorised or unlawful processing and against accidental loss, destruction, or damage.
15.4 Information and documents generated in connection with the sale of Products may be shared internally, including in electronic form, with our employees, officers, consultants, or agents, unless specific safeguards are required or otherwise agreed.

16. Viruses
16.1 We do not warrant that our Website is secure or free from errors or viruses.
16.2 You are responsible for configuring your own technology to access our Website, including using your own anti-virus software.
16.3 You must not knowingly introduce viruses, Trojan horses, worms, logic bombs, or other malicious material to our Website.
16.4 You must not attempt to gain unauthorised access to our Website or any connected server or database.
16.5 You must not attack our Website by means of a denial-of-service attack.
16.6 If we believe you have breached this Section, your right to use our Website will cease immediately, and we may report the breach to relevant authorities where required by law.

17. Liability
17.1 To the fullest extent permitted by law, we are not liable for any loss suffered by you as a result of:
(a) Third-party or user content;
(b) The accuracy, completeness, or timeliness of our content;
(c) The Products, including their quality, images, description, specifications, or fitness for a particular purpose;
(d) Reliance on information contained in these Terms or on our Website;
(e) Inability to access the Website, or the Website being unavailable, partial, or operating with errors; and
(f) Any failure or delay in performing our obligations caused by circumstances beyond our reasonable control (including telecommunications or power failures, extreme weather, computer breakdowns, supplier delays, or staff illness).

17.2 We are not liable to you for any loss of profits, business opportunities, goodwill, or any indirect, special, or consequential loss or damage.

17.3 Our liability arising from these Terms is limited to the greater of NZD $1,500 or five times the price you paid for the Product(s) giving rise to the liability.

17.4 Any claim arising out of or in connection with these Terms must be brought within one year of the act or omission that allegedly caused the loss.

17.5 Except where claims cannot be excluded or limited by law, no claim may be made personally against our employees, officers, consultants, or agents.

17.6 All representations, warranties, and conditions implied by law, custom, or trade usage are excluded to the fullest extent permitted by law, except for any consumer guarantees that cannot be excluded under the Consumer Guarantees Act 2020 or the Fair Trading Act 1986.

17.7 The limitations in this Section 17 apply to our aggregate liability to you in respect of any claim.

17.8 Nothing in these Terms excludes or limits our liability:
(a) For death or personal injury resulting from our negligence;
(b) For fraud; or
(c) For any liability which cannot lawfully be excluded or limited under New Zealand law, including consumer guarantees under the Consumer Guarantees Act 2020 and the Fair Trading Act 1986.

18. Indemnification
18.1 You agree to fully indemnify us against all claims, costs, and losses arising from:
(a) Your material breach of these Terms;
(b) Any fraud, negligence, or misconduct on your part; and
(c) Your use of our Website.

18.2 We may claim reimbursement from you for all reasonable costs incurred in connection with an indemnified claim.

19. Force Majeure
19.1 If a Force Majeure Event lasts for more than one week, we may terminate these Terms by written notice, with no liability other than refunding any Product already paid for and not delivered.

19.2 We reserve the right to exercise reasonable discretion in how we respond to a Force Majeure Event.

20. Variations
20.1 We may amend these Terms from time to time. We will notify you in advance of any material changes that may be detrimental to you.

20.2 If you do not agree to amended Terms, you must stop using our Website or purchasing our Products.

21. Your Breach
21.1 If you breach these Terms, or we reasonably suspect you have, we may:
(a) Send you a formal warning;
(b) Temporarily block your access to our Website;
(c) Suspend the processing of any order;
(d) Refuse to accept payment from you;
(e) Permanently bar you from our Website;
(f) Block access from your IP address;
(g) Contact your internet service provider to request they block your access; or
(h) Take legal action against you.

21.2 If we suspend or block your access, you must not attempt to circumvent this.

22. Termination and Suspension
22.1 You may stop using our Website at any time.
22.2 We may suspend the Website at any time, with or without cause or notice.
22.3 We may suspend or terminate your access if your use is likely to give rise to legal liability or disrupt other users.
22.4 We will endeavour to give advance notice of suspension or termination, but may act immediately where necessary.
22.5 We do not guarantee uninterrupted availability of our Website and may suspend, withdraw, or restrict access for commercial or operational reasons. You will not be entitled to compensation as a result.

23. Effect of Termination
23.1 Termination of these Terms will immediately end our obligation to provide customer service.
23.2 You will not be entitled to compensation for any loss resulting from termination.
23.3 Termination does not affect any rights that have already arisen, or provisions intended to survive termination, including Sections 17 (Liability) and 18 (Indemnification).

24. General Provisions
24.1 You may not assign your rights under these Terms.
24.2 The rights and remedies provided by these Terms are cumulative and do not exclude any rights or remedies provided by law.
24.3 We may subcontract the hosting of our Website to a third party.
24.4 If any provision of these Terms is found invalid or unenforceable under applicable law, that provision will apply to the maximum extent permitted, without affecting the validity of the remaining provisions.
24.5 Our failure to exercise or delay in exercising any right under these Terms does not constitute a waiver of that right.
24.6 The exercise of either party's rights under these Terms is not conditional on any third party's agreement.
24.7 These Terms are for the benefit of you and us only, and are not enforceable by any third party.

25. Governing Law and Jurisdiction
25.1 These Terms are governed by the laws of New Zealand, including the Consumer Guarantees Act 2020 and the Fair Trading Act 1986.
25.2 Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of New Zealand.

26. Definitions and Interpretation
26.1 In these Terms:
"Order" means the order you place through our Website to purchase one or more Products;
"Order Confirmation" means the email we send confirming your order in accordance with Section 4.3;
"Payment Intermediary" means any third-party payment processor used by us;
"Product" means a product offered on our Website;
"Website" means the Daily-Appeal website;
"Website Infrastructure" means all our systems (including code) that enable, provide, or describe the Website.

26.2 References to "Sections" are to sections of these Terms.
26.3 Headings are for convenience only and do not affect interpretation.
26.4 Words importing the singular include the plural and vice versa; references to persons include individuals, companies, and other entities.

Please email us at info@dailyappeal.co.nz if you have any questions or concerns about these Terms, the Website, or the Products.