Terms of Service

The following terms of service (“service terms”) contain information about payment, pricing, shipping, return, refund, and other matters related to making donations and the purchase and sale of items from Crackerjack Kids website (the “website”).

You can find our Terms of Trade for Schools here.

By purchasing goods from us, you are deemed to agree to these service terms without qualification. If you do not agree to be bound by these service terms, you must not make donations or purchase goods from us. We reserve the right to change these service terms at any time by notifying you of the amended service terms on the website. By continuing to make donations or purchase goods from us, you agree to be bound by the amended service terms.

Terms

We will supply goods to you on these terms only (as we may amend them from time to time). The only circumstance where any variation to these service terms will apply is where we have expressly agreed in writing to that variation or where we have notified you of amended service terms on the website. If there is any conflict with other terms of trade, these service terms will take priority over any other terms of trade.

You must be over 18 years old, have a valid billing address and hold a valid credit card to order any products from the Crackerjack Kids online shop.

Information about your purchase history can be found under “My Account” when you are logged in to the Crackerjack Kids website.

Prices

Our current prices are set out on the website, but are subject to change and we may alter prices at any time by notifying you of the amended prices on our website. The price for goods is that stated on the website at the time when we accept any order, unless otherwise expressly agreed in writing by us. All prices include goods and services tax (“GST”).

The postage and packaging is automatically calculated on the weight, size and delivery address of each order.

Payment

When you purchase goods from us, you will be issued an online invoice. You will be required to pay such invoice immediately by credit card in order to complete your order. You will not withhold payment or make any deductions from any amount you owe us under any circumstances whatsoever.

Product availability

We will make every effort to ensure that products appearing in and/or purchased by you from the website are available, but we cannot guarantee that all items will be in stock or immediately available when you submit your order. At such times we reserve the right to cancel any order. In the event of any cancelled order, payments that have been processed will be refunded as soon as practicable, but in any event within a reasonable timeframe.

Returns and refunds

If you are not happy with the goods you have purchased then you may return them to us within seven days from the date of receipt. A gift voucher or exchange will be given to the value of the product being returned.

A copy of the original invoice must accompany the return of goods. Failure to provide this copy will result in an unprocessed return. Returns should be sent to:

Crackerjack Kids
PO Box 8437
Symonds Street
Auckland 1150

We reserve the right to refuse to exchange or refund goods that are returned in less than “new” condition. Goods will be returned to you via economy mail if they are not eligible for a refund. We will not refund the cost of postage in returning any goods to us, and you agree that you will be liable for postage to return any exchanged items back to you.

International delivery

We’re based in New Zealand but we can deliver all round the world. Postage and packaging will be automatically calculated when you reach the checkout.

Please note that our stated prices exclude any import duties (including customs tariffs and VAT/GST). The governments of the destination country determine whether any such duties or taxes are charged on the import of the products into the country. These duties and taxes greatly vary by country, type of product being imported and where the product was manufactured. If you are an international customer you might have to pay some additional applicable taxes or duty charges upon the import of your delivery. You will be responsible for the payment of any such taxes and duties as well as attending to any customs formalities involved in clearing the goods for import, so please check this with your local customs agency.

Consumer Guarantees Act

If you purchase goods from us that are not:

  • of acceptable quality;
  • fit for their purpose; or
  • the same as any description given to you,

return them to us at our address above so that we can arrange a refund, repair or replacement (at your election). Our policy is to ensure we observe our obligations under the Consumer Guarantees Act 1993, and Fair Trading Act 1986.

Delivery and risk of loss

Any delivery times quoted by us are estimates only. We will do our best to meet any delivery estimate, but we cannot guarantee this. We will deliver the goods to the address you have provided, and risk in the goods shall pass to you upon such delivery.

Warranties

We will provide the goods to you in a proper, competent and professional manner. However, we expressly exclude to the fullest extent permitted by law all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise. [If you are purchasing the goods for a business purpose, you acknowledge that the Consumer Guarantees Act 1993 does not apply.]

Limitation of liability

To the maximum extent permitted by law, our liability, whether in contract, tort or otherwise, for any claim, damages, loss or expense related to the supply by us of goods is limited to the cost paid by you for the goods. To the maximum extent permitted by law, we will not be liable in any event whether in contract, tort or otherwise for any loss of profits, revenue or anticipated savings or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.

Force majeure

We will not be responsible or liable for any failure to provide the goods to the extent such failure is caused by a matter beyond our reasonable control.

Termination

We may suspend or deactivate your account immediately if you commit a breach under these service terms that is not rectified within five working days of email notification of the breach being sent to you. When your account is deactivated you will not be able to receive the services and you will not be able to set up a new account without our consent.

Waiver

If at any time we do not enforce any of these service terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.

Severability

If any portion of these service terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

Privacy

Your personal information collected by us is subject to the Privacy Act 1993. That information will be held, used, disclosed, accessed and corrected pursuant to our privacy policy.

Entire agreement

These service terms together with the website terms and conditions constitute the entire understanding and agreement of the parties relating to the subject matter of these terms and supersede and extinguish all prior agreements and understandings between the parties relating to the subject matter of these terms.

Governing law

These service terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.