Terms of service
These Terms of Service apply to your use of this website and to any purchase made from Kiwi 3D Toys.
By accessing our website, browsing our products, placing an order, or otherwise using our services, you agree to be bound by these Terms of Service, together with our Shipping Policy, Refund Policy, and Privacy Policy.
If you do not agree to these Terms, you should not use our website or place an order.
1. Definitions
In these Terms:
“We”, “us”, and “our” means Kiwi 3D Toys, a New Zealand-based business.
“You” and “your” means the customer, website visitor, or person placing an order.
“Products” means any toys, 3D printed items, accessories, or other goods listed for sale on our website.
“Website” means our online store and any related pages, checkout, contact forms, chatbot, or other online features operated by us.
2. About our products
We sell plastic toys and related products, including 3D printed items. Our products are generally sold as limited collections and are intended for ordinary domestic use unless stated otherwise in the product listing.
Because our products are plastic and may be 3D printed, they may have small variations in colour, texture, layer lines, finish, surface appearance, or minor cosmetic details. These are normal characteristics of the production process and do not necessarily mean the product is faulty.
We make reasonable efforts to ensure product photos, descriptions, colours, measurements, and details are accurate. However, colours may appear differently depending on your screen, lighting, photography, filament batch, or other factors.
3. Product safety and use
Our products are toys and should be used with reasonable care.
Plastic toys can break if they are bent, dropped, stepped on, chewed, pulled too hard, crushed, exposed to excessive heat, or used roughly during play. If a product breaks, it may create sharp edges or small parts. Broken products should be removed from use immediately.
Our products are not suitable for children under 3 years of age due to the possible presence of small parts or breakable components.
Children should be supervised while using our products. You are responsible for ensuring that any product purchased is suitable for the age, behaviour, and abilities of the child using it.
Our products are not intended to be chewed, placed in the mouth, used as teething toys, used with food, used as pet toys, or used for any purpose other than ordinary play or display.
4. Website use
You agree to use our website only for lawful purposes and in a way that does not damage, disable, overload, interfere with, or compromise the website or its security.
You must not:
- attempt to gain unauthorised access to our website, systems, accounts, or data;
- upload or transmit viruses, malware, or harmful code;
- scrape, copy, reproduce, or harvest website content without permission;
- use our website for fraudulent, misleading, unlawful, or abusive purposes;
- interfere with another person’s use of the website.
We may restrict, suspend, or terminate access to our website at any time if we believe these Terms have been breached.
5. Orders
When you place an order, you agree that all information you provide is accurate, complete, and current. This includes your name, email address, delivery address, billing details, and any other information required to process your order.
After placing an order, you may receive an order confirmation email. This confirms that we have received your order, but it does not necessarily mean that your order has been accepted or dispatched.
We reserve the right to accept, reject, cancel, or refund any order where reasonably necessary, including where:
- a product is unavailable;
- there has been an error in pricing, description, stock level, or shipping cost;
- payment has not been successfully received;
- the order appears suspicious, fraudulent, or incorrect;
- delivery to your address is not reasonably available;
- the order is unusually large or expensive to ship;
- we are unable to fulfil the order for reasons outside our reasonable control.
If we cancel an order after payment has been made, we will refund the amount paid for the cancelled order.
6. Pricing and payment
All prices are listed in New Zealand dollars unless stated otherwise.
We may change our prices at any time without notice. The price payable for an order is the price shown at checkout at the time the order is placed, unless there has been an obvious error.
Payment must be made in full before your order is dispatched.
We use third-party payment providers to process payments. We do not store your full credit card or debit card details. Your use of a third-party payment provider may be subject to that provider’s own terms, conditions, and privacy policy.
7. Product availability
Our products are sold in limited collections. Availability may change at any time.
We do our best to keep website stock levels accurate, but stock errors may occasionally occur. If you order an item that is unavailable, we may contact you to arrange a replacement, refund, or cancellation.
We are not required to supply a product where it has become unavailable, has been incorrectly listed, or cannot reasonably be supplied.
8. Shipping and delivery
Shipping is handled in accordance with our Shipping Policy.
We currently ship within New Zealand only.
Delivery timeframes are estimates only and are not guaranteed. Delivery may be affected by courier delays, rural delivery, public holidays, weather events, incorrect addresses, high-volume periods, or other circumstances outside our control.
You are responsible for providing a correct and complete delivery address. We are not responsible for delays, failed deliveries, or lost parcels caused by incorrect or incomplete delivery information supplied by you.
If an order is returned to us due to an incorrect address, failed delivery, or non-collection, we may require you to pay additional shipping costs before the order is resent.
In rare cases, shipping costs may be significantly higher than expected. If this occurs, we reserve the right to contact you before dispatch to discuss the shipping cost, amend the order, or cancel and refund the order.
9. Risk and delivery
Risk in the products passes to you once the order has been delivered to the address provided at checkout.
If your order arrives damaged in transit, please contact us as soon as possible with photos of the packaging and damaged item so we can assess the issue.
We will refund or replace items damaged during shipping where appropriate, subject to our Refund Policy and your rights under New Zealand law.
10. Returns, refunds, and exchanges
Returns, refunds, exchanges, damaged items, and faulty products are handled in accordance with our Refund Policy.
We do not offer refunds or exchanges for change of mind.
We do not offer refunds or replacements for damage caused by normal use, rough handling, accidental damage, misuse, chewing, bending, dropping, stepping on the product, exposure to heat, or general wear and tear after delivery.
Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or any other applicable New Zealand consumer law. The Consumer Guarantees Act provides guarantees that products sold to consumers must be of acceptable quality, fit for purpose, and match their description, and where those guarantees are not met, the business must provide an appropriate remedy.
11. Consumer Guarantees Act
If you are purchasing products for personal, domestic, or household use, you may have rights under the Consumer Guarantees Act 1993.
Where the Consumer Guarantees Act applies, our products come with guarantees that cannot be excluded, including that the products will be of acceptable quality, fit for their usual purpose, match their description, and be reasonably durable.
If a product fails to meet a guarantee under the Consumer Guarantees Act, we will meet our legal obligations. Depending on the circumstances, this may include repair, replacement, refund, or another remedy required by law.
If you are acquiring products for business purposes, you agree that the Consumer Guarantees Act does not apply to the maximum extent permitted by law.
12. Fair Trading Act
We aim to ensure that all product descriptions, prices, promotions, and information on our website are accurate and not misleading.
However, errors may occasionally occur. We reserve the right to correct errors, inaccuracies, or omissions at any time, including after an order has been submitted.
The Fair Trading Act prohibits misleading or deceptive conduct in trade, including misleading prices, hidden costs, false claims, and inaccurate product information.
13. Care instructions
You are responsible for using and caring for products appropriately.
Unless otherwise stated, our products should be kept away from excessive heat, open flames, pets, harsh chemicals, dishwashers, ovens, microwaves, and prolonged direct sunlight.
Products should be cleaned gently using a dry or slightly damp cloth. Do not soak products in water unless the product listing specifically says this is safe.
Damage caused by incorrect care, misuse, rough handling, or use outside the product’s intended purpose is not considered a product fault.
14. Intellectual property
All content on our website, including product photos, text, graphics, logos, branding, layout, designs, and other material, is owned by us or used by us with permission.
You must not copy, reproduce, distribute, modify, adapt, sell, publish, upload, or use any part of our website content for commercial purposes without our prior written permission.
Purchasing a product from us does not give you ownership of any intellectual property rights in the product design, branding, website content, photos, or related material.
Where products are based on third-party designs, licences, or design files, those rights remain with the relevant owner or licensor.
15. User content, reviews, and photos
If you send us photos, reviews, feedback, testimonials, or other content, you confirm that you have the right to provide that content to us.
Unless you tell us otherwise, you give us permission to use that content for business purposes, including customer support, website content, social media, marketing, product improvement, and record keeping.
We may edit or remove reviews, comments, or user content if we consider them offensive, unlawful, misleading, spam, abusive, or inappropriate.
16. Third-party services and links
Our website may use or link to third-party services, including Shopify, payment providers, courier companies, analytics tools, apps, plugins, and external websites.
We are not responsible for the availability, accuracy, security, performance, policies, or content of third-party services or websites.
Your use of third-party services may be subject to their own terms and privacy policies.
17. Privacy
We collect and handle personal information in accordance with our Privacy Policy.
Personal information may include your name, email address, phone number, delivery address, billing details, order information, and messages you send to us.
We use this information to process orders, arrange shipping, provide customer support, manage our website, comply with legal obligations, and operate our business.
New Zealand’s Privacy Act 2020 governs how businesses collect, store, use, share, and protect personal information.
18. Limitation of liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential loss, including loss of profit, loss of opportunity, loss of data, loss of enjoyment, or any other indirect loss arising from your use of our website, products, or services.
To the maximum extent permitted by law, our total liability to you for any claim relating to a product or order will not exceed the amount you paid for the relevant product or order.
Nothing in this section limits any rights or remedies that cannot legally be excluded under New Zealand law, including rights under the Consumer Guarantees Act where applicable.
19. Indemnity
You agree to indemnify us against any loss, cost, damage, liability, or expense arising from your breach of these Terms, misuse of our website, misuse of our products, infringement of intellectual property rights, or violation of any applicable law.
20. Events outside our control
We are not responsible for any failure or delay in performing our obligations where that failure or delay is caused by events outside our reasonable control.
This may include courier delays, natural disasters, severe weather, fire, flood, power outages, internet or hosting issues, supplier delays, equipment failure, illness, strikes, government restrictions, pandemics, or other events beyond our reasonable control.
21. Changes to our website or products
We may update, change, suspend, discontinue, or remove any part of our website, product range, pricing, or services at any time without notice.
We are not liable to you or any third party for any change, suspension, or discontinuation of the website or any product.
22. Changes to these Terms
We may update these Terms from time to time.
By continuing to use our website or placing an order after the Terms have been updated, you agree to the updated Terms.
23. Severability
If any part of these Terms is found to be invalid, unlawful, or unenforceable, that part will be treated as removed or modified to the minimum extent necessary. The remaining parts of the Terms will continue to apply.
24. No waiver
If we do not enforce a right under these Terms, this does not mean we have waived that right. We may still enforce that right later.
25. Governing law
These Terms are governed by the laws of New Zealand.
Any dispute relating to these Terms, our website, or any order placed with us will be subject to the jurisdiction of the New Zealand courts.
26. Contact us
If you have any questions about these Terms, your order, or our products, please contact us through our website Contact page or email hello@kiwi3dtoys.co.nz