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KidultLand

Terms of service

1. About us

KidultLand is a New Zealand-based online retail business operated by Gary Zhang, trading as KidultLand. We are in trade for the purposes of New Zealand consumer law.

In these Terms of Service (the Terms), “KidultLand”, “we”, “us” and “our” refer to KidultLand. “You” and “your” refer to anyone who visits kidultland.nz or purchases from us.

Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to sell our products to you. Purchases made through this website are transactions directly between you and KidultLand.

By using our website or placing an order, you agree to these Terms, together with our Privacy Policy, Refund Policy and Shipping Policy. If you do not agree, please do not use the website.

2. New Zealand consumer rights

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other New Zealand law that cannot lawfully be excluded or limited.

Products sold for personal or household use must meet the guarantees required by New Zealand law, including being of acceptable quality, safe, fit for purpose, matching their description and delivered within the agreed timeframe or, if no timeframe is agreed, within a reasonable time.

If there is any inconsistency between these Terms and your rights under applicable New Zealand consumer law, your legal rights will prevail.

3. Using our website

You must use our website only for lawful purposes. You must not:

  • interfere with the security or operation of the website;

  • introduce viruses, malicious code or other harmful material;

  • attempt to gain unauthorised access to the website, customer accounts or related systems;

  • use the website to infringe another person’s rights;

  • collect or misuse another person’s personal information; or

  • use automated systems to access or copy substantial parts of the website in a way that places an unreasonable load on our systems or breaches applicable law.

If you create an account, you are responsible for keeping your login details secure and for activity carried out through your account. Please contact us promptly if you believe your account has been used without authorisation.

4. Product information

We take reasonable care to ensure that product descriptions, images, dimensions, colours, prices and availability are accurate. However:

  • colours may appear differently depending on your screen and device settings;

  • measurements may vary slightly where stated as approximate; and

  • minor packaging or design details may change without materially affecting the product.

These qualifications do not limit your rights where a product does not match its description or otherwise fails to meet a guarantee under New Zealand consumer law.

We may update product information, limit purchase quantities or discontinue a product at any time. Product availability is not guaranteed until your order is accepted.

5. Product safety and intended use

Please read and follow all product instructions, age recommendations, warnings and safety information shown on the product page or supplied with the product. Children must be supervised where appropriate, and products containing small parts must be kept away from children below the stated age range.

You are responsible for using products only for their intended purpose and in accordance with the supplied instructions. This does not limit our responsibility for products that are unsafe, faulty or otherwise do not comply with New Zealand law.

6. Orders

When you place an order, you are offering to purchase the selected products under these Terms. After you submit your order, we will send an email acknowledging that we have received it. This acknowledgement does not necessarily mean that your order has been accepted.

Your order is accepted when we confirm it or begin processing it for fulfilment. We may decline or cancel an order before acceptance where, for example:

  • a product is unavailable;

  • the price or product information contained a genuine error;

  • payment cannot be authorised;

  • we reasonably suspect fraud or unauthorised activity;

  • delivery is not available to the address supplied; or

  • a purchase quantity appears to be for unauthorised resale.

If we cancel an order after payment has been taken, we will refund the amount paid to the original payment method. We will contact you using the details supplied with your order where reasonably possible.

Please check your order and delivery details carefully before submitting it. If you need to request a change or cancellation, contact us as soon as possible at hello@kidultland.nz. We cannot guarantee changes or cancellations once fulfilment has begun.

7. Prices and payment

All prices on our website are shown in New Zealand dollars (NZD) unless stated otherwise. Any applicable taxes are included or shown as required by law. Delivery charges and any other applicable fees will be displayed before you complete checkout.

Prices, promotions and discount codes may change without notice. The price applying to your order is the price displayed at checkout when the order is submitted, except where there is an obvious pricing or technical error.

You must provide complete and accurate billing, contact and payment information and be authorised to use the payment method selected. Payment is processed through Shopify and its payment providers. We do not directly store your full card details.

Promotional offers may have additional terms. If the terms of a promotion conflict with these Terms, the promotion-specific terms will apply to that promotion.

8. Shipping and delivery

We deliver within New Zealand to the locations shown at checkout. Shipping charges, estimated delivery timeframes and fulfilment information are set out in our Shipping Policy and, where relevant, on the product page.

Delivery timeframes are estimates unless we expressly agree to a guaranteed date. Delays can sometimes occur because of courier disruption, customs processing, severe weather or other circumstances outside our reasonable control. If a material delay occurs, please contact us and we will work with the delivery provider to resolve it.

Where we arrange delivery, we remain responsible for ensuring the order is delivered in accordance with our obligations under New Zealand consumer law. Risk in the product passes to you when the product is delivered to you or to a person authorised by you to receive it.

You are responsible for providing a complete and accurate delivery address. Additional costs caused by an incorrect or incomplete address may be charged to you where permitted by law and where the error was not caused by us.

9. Returns, faulty products and refunds

Returns, exchanges and change-of-mind requests are handled under our Refund Policy.

Our Refund Policy is in addition to your rights under New Zealand consumer law. If a product is faulty, unsafe, does not match its description, is not fit for purpose or otherwise fails to meet a legal guarantee, you may be entitled to a repair, replacement, refund or other remedy depending on the circumstances.

To report an issue, email hello@kidultland.nz with your order number, a description of the problem and, where helpful, photographs or video showing the issue.

10. Intellectual property

Unless otherwise stated, the website and its original content—including the KidultLand name and branding, text, graphics, layout, photographs and videos—are owned by or licensed to KidultLand and are protected by applicable intellectual property laws.

You may view and use the website for personal, non-commercial shopping purposes. You must not reproduce, republish, distribute, modify, sell or commercially exploit our content without our prior written permission, except where permitted by law.

Third-party names, trademarks and content remain the property of their respective owners. No use of a third-party name or mark on the website grants you or us any ownership rights in that material.

11. Reviews and other content you submit

If you submit a product review, photograph, comment or other content to us, you confirm that:

  • you created it or have permission to submit it;

  • it is accurate and does not mislead others;

  • it does not infringe another person’s intellectual property, privacy or other rights; and

  • it is not unlawful, abusive, defamatory, obscene or harmful.

You retain ownership of your content. You grant KidultLand a non-exclusive, worldwide, royalty-free licence to store, reproduce, publish, display and adapt that content for operating and promoting KidultLand, including on our website, email and social media channels. You may ask us to stop using content that identifies you by contacting us, although we may retain material where reasonably required by law or for legitimate record-keeping.

We may moderate or remove submitted content where we reasonably consider it unlawful, misleading, offensive, irrelevant or in breach of these Terms.

12. Third-party services and links

Our website may include services, payment options or links provided by third parties. Their own terms and privacy policies may apply when you use those services or leave our website.

We are not responsible for the content or practices of independent third-party websites. However, this clause does not limit any responsibility we have for third parties acting on our behalf in supplying your order or providing a service for which we remain responsible under New Zealand law.

13. Privacy

We collect, use and disclose personal information as described in our Privacy Policy. Because our store is hosted by Shopify, information may also be processed by Shopify and other service providers involved in operating the website, processing payments and fulfilling orders.

14. Website availability and liability

We aim to keep the website accurate, secure and available, but we do not guarantee that it will always be uninterrupted or error-free. We may suspend or change parts of the website for maintenance, security or operational reasons.

To the maximum extent permitted by law, we are not liable for indirect or consequential loss arising solely from your use of, or inability to access, the website. We are not responsible for loss caused by your misuse of a product, failure to follow supplied instructions, or unauthorised use of your account where that loss was not caused by us.

Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited, including liability arising under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.

15. Changes to these Terms

We may update these Terms from time to time to reflect changes to our business, website or legal obligations. The current version and its “Last updated” date will be published on this page.

Changes will apply from the date they are published and will not retrospectively change the terms applying to an order already accepted, unless required by law or agreed with you.

16. Governing law

These Terms are governed by the laws of New Zealand. You and KidultLand submit to the non-exclusive jurisdiction of the courts and tribunals of New Zealand.

If any part of these Terms is found to be unlawful, invalid or unenforceable, that part will be treated as removed to the minimum extent necessary, and the remaining Terms will continue to apply.

17. Contact us

Questions about these Terms, an order or a product can be sent to:

KidultLand
New Zealand-based online retail business
Trading as KidultLand
Email: hello@kidultland.nz