Kiwi Aroma New Zealand Limited - Terms of Service

 

Welcome to Kiwi Aroma! By accessing or using our website, making a purchase, or interacting with us in any way, you agree to the following Terms of Service (the "Terms"). These Terms govern your use of our services and products, so please read them carefully.

 

1. Agreement to Terms

1.1. These Terms of Service ("Terms") govern your use of our website and purchase of our products. 

1.2. By using our services, you agree to these Terms, including any additional terms, conditions, and policies referenced herein or available by hyperlink.

 

2. Changes to Terms 

2.1. We reserve the right to modify, update, or replace these Terms at any time. 

2.2. Any changes will take effect immediately upon posting to our website. 

2.3. Your continued use of the site after such changes will constitute your acceptance of the updated Terms.

 

3. Product Information and Availability 

3.1. We strive to provide accurate product descriptions, but we do not guarantee that all descriptions are accurate, complete, or error-free. 

3.2. Our products are handmade, and there may be slight variations in appearance or fragrance due to the natural materials used in the production process. 

3.3. All products are subject to availability, and we reserve the right to discontinue any product at any time without notice.

 

4. Pricing and Payment 

4.1. All prices listed on our website are in New Zealand Dollars and include applicable taxes unless otherwise stated. 

4.2. Shipping and handling fees are not included in the product price and will be displayed separately at checkout. 

4.3. We reserve the right to change our prices at any time without notice. 

4.4. Payment must be made in full at the time of purchase via our accepted payment methods.

 

5. Order Acceptance, Cancellation, and Restrictions 

5.1. We reserve the right to cancel or decline your order in our sole discretion or for specific reasons at any time. 

5.2. We may limit or cancel quantities purchased per person, per household, or per order. 

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

 

6. Shipping and Delivery 

6.1. Please see shipping, returns and refunds terms and conditions here.

 

7. International Orders 

7.1. Customers are responsible for ensuring that any products ordered comply with their local laws and regulations. 

7.2. For international orders, you are responsible for any customs duties, import taxes, or fees that may apply. 

7.3. We are not responsible for delays caused by customs processing.

 

8. Returns, Exchanges, and Refunds 

8.1. Please see shipping, returns and refunds terms and conditions here.

 

9. Safety Instructions 

9.1. Our candles are designed for decorative and home fragrance purposes only. 

9.2. Always follow the safety instructions as directed in the products page.

9.3. When using candles, always follow these safety guidelines:

• Never leave a burning candle unattended: Always extinguish the candle when leaving a room or going to sleep.

• Keep candle away from flammable materials: Ensure that candle are placed away from curtains, paper, bedding, or any other flammable objects.

• Place candle on a stable, heat-resistant surface. Use a non-flammable candle holder that is sturdy and won't tip over.

• Keep candles out of reach of children and pets.

• Trim the wick to 1/4th inch before each use.

• Avoid drafts, vents, or air currents. This can cause uneven burning, excessive dripping, or flare-ups.

• Do not burn candle for more than 4 hours at a time. Let the candle cool for at least 2 hours before relighting it. Do not touch or move when it is hot.

• Stop using the candle when there is about 5mm of wax left to prevent heat damage to the surface below.

9.3. When using wax melts, always follow these safety guidelines:

• Only use wax melts with a suitable electric or tealight wax warmer designed for this purpose. Do not use oil burners or other devices.

• Ensure the wax warmer is on a flat, heat-resistant surface, away from edges or flammable materials like curtains or paper.

• Use only one wax melt for your warmer to avoid overflow when the wax melts.

• Do not leave the wax warmer on when leaving the room, sleeping, or going out. Turn off electric warmers and extinguish tealight warmers when    not in use.

• Keep away from children and pets.  Wax melts and warmers should be placed out of reach to prevent burns, spills, or ingestion.

• Never add water to your wax warmer.

• If using a tealight warmer, ensure the tealight is a standard, unscented one, and do not allow it to burn longer than 4 hours.  Replace it before it    burns out completely.

• Handle hot wax carefully, melted wax can cause burns. Allow it to cool completely before handling or cleaning the warmer.

• Use your wax melts in a well-ventilated area to avoid inhaling too much concentrated fragrance.

• Keep the wax warmer away from other sources of fire or sparks.

• Dispose of it according to local regulations, and avoid pouring hot wax down drains.

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10. Intellectual Property 

10.1. All content on our website, including but not limited to product images, descriptions, logos, text, and design elements, is owned by or licensed to Kiwi Aroma and is protected by copyright, trademark, and other intellectual property laws. 

10.2. You may not reproduce, distribute, display, or create derivative works of any of our content without our express written permission.

 

11. User Comments, Feedback, and Other Submissions 

11.1. If you send creative ideas, suggestions, proposals, plans, or other materials to us, 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. 

11.2. We are under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.

 

12. Limitation of Liability 

12.1. Kiwi Aroma is not liable for any indirect, incidental, consequential, or punitive damages arising from your use of our website or products, including but not limited to damages for lost profits, business interruption, or personal injury. 

12.2. Our total liability to you for any claim, whether in contract, tort, or otherwise, shall not exceed the amount you paid for the product that gave rise to the claim.

 

13. Disclaimer of Warranties 

13.1. We provide our products and services "as is" and without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 

13.2. We do not guarantee that our website will be uninterrupted, error-free, or secure, nor that any defects will be corrected.

 

14. Contact Information 

14.1. If you have any questions or concerns about these Terms, please contact us.

 

15. Entire Agreement 

15.1. These Terms constitute the entire agreement between you and Kiwi Aroma regarding the use of our website and the purchase of our products. 

15.2. These Terms supersede all prior or contemporaneous agreements, whether written or oral.

 

16. Waiver 

16.1. The failure of Kiwi Aroma to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

17. Severability 

17.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

18. Headings 

18.1. The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

 

19. Governing Law and Dispute Resolution 

19.1. These Terms are governed by the laws of New Zealand, without regard to its conflict of laws principles. 

19.2. Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in New Zealand, with each party bearing its own costs and attorney's fees.

 

20. Privacy Policy 

20.1. Our Privacy Policy, which outlines how we collect, use, and protect your personal information, is incorporated into these Terms by reference.

 

21. Age Restrictions 

21.1. You must be at least 18 years old to make purchases on our website. By using our services, you represent and warrant that you are at least 18 years of age.

 

22. Force Majeure 

22.1. We will not be liable for any delay or failure to perform our obligations under these Terms resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, or government actions.

 

23. Gift Cards 

23.1. Gift cards are valid for 12 months from the date of purchase and can only be redeemed on our website. 

23.2. Gift cards are non-refundable and cannot be exchanged for cash.