Terms & Conditions

OVERVIEW

This website is operated by Pick a Box. Throughout the site, the terms “we”, “us” and “our” refer to Pick a Box. Pick a Box offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

SECTION 1 - ONLINE STORE TERMS

(a) By accepting these Terms of Service, you confirm that you are of legal age and have authorised any minor dependents to use this site.

(b) The use of our products for any illegal or unauthorised purpose or violation of laws (including but not limited to copyright laws) while using the Service is strictly prohibited.

(c) You must not transmit any viruses, worms, or any code of a harmful nature.

SECTION 2 - GENERAL CONDITIONS


(a) We reserve the right to refuse service to anyone at any time, subject to compliance with applicable laws.

(b) Your content (excluding credit card information) may be transferred unencrypted and may be subject to changes to adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

(c) Any reproduction, duplication, copying, selling, reselling, or exploiting of any portion of the Service or access to the Service without our express written permission is prohibited.

(d) Headings used in this agreement are for convenience only and do not limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION


(a) The site may contain historical information that is not current and is provided for reference purposes only.

(b) We reserve the right to modify the contents of the site at any time.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

(a) We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time, subject to complying with existing obligations.

By visiting our site and purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please carefully read these Terms of Service before accessing or using our website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new Service, features or tools which are added to the current store shall also be part of the Terms of Service subject to existing contractual arrangements. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

(a) Certain products or services may be exclusively available online through our website. These items may have limited availability.

(b) We have made every effort to accurately display the colours and images of our products on the website. However, we cannot guarantee that the colours displayed on your computer monitor will be accurate.

(c) Subject to legal requirements:
(i) We reserve the right, but are not obligated, to limit the sale of our products or services to specific geographic regions, jurisdictions, or individuals. We may enforce this on a case-by-case basis.
(ii) We reserve the right to restrict the quantity of any products or services offered.
(iii) We reserve the right to discontinue any product at any time.
(iv) We reserve the right to reject any order placed with us.
(v) We may, at our discretion, limit or cancel orders placed per person, household, or per order. These limitations may include orders placed under the same customer account, credit card, or shipping address. If we modify an order, we will try to inform you by reaching out to the email address or billing phone number you provided when placing the order.
(vi) We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

(a) You agree to provide accurate, complete, and up-to-date account and purchase information for all purchases made on our website. Please update your account information, including your email address and credit card details, as soon as possible to ensure we can complete your transactions and contact you if necessary.

(b) Please refer to our Returns Policy.

SECTION 7 - PICK A BOX

(a) We may provide you with access to third-party tools over which we have no control or input. We do not monitor these tools and provide them "as is" and "as available," without any warranties, conditions, or endorsements. We are not liable for any damages or harm arising from your use of these optional third-party tools. You use these tools entirely at your own risk and discretion, and you should review and agree to the third-party's terms of service.

(b) In the future, we may offer new services or features on our website, including new tools and resources. These new services or features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

(a) Our website may contain content, products, and services provided by third parties. These third-party links may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. We do not warrant and are not liable for any third-party materials or websites, or any other materials, products, or services provided by third parties. We are not liable for any harm or damages related to any third-party websites. Before engaging in any transactions with third parties, carefully review their policies and practices.

(b) Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

(a) If we ask you to send specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials to us, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may use and edit any comments you forward to us without any restrictions. We are not obligated to (i) maintain any comments in confidence; (ii) pay compensation for any comments; or (iii) respond to any comments.

We may choose to monitor, edit or remove content that we determine in our sole discretion are offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.

(b) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You also agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You must not use a false e‑mail address, pretend to be someone else, or otherwise mislead us or third-parties as to the origin of any comments. You are responsible for any comments you make and their accuracy. We do not take responsibility or assume any liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

(a) Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

(a) Occasionally there may be errors in our site or Service that relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any such errors.

(b) We undertake no obligation to update, amend or clarify information on any related website if any information in any related website is inaccurate at any time without prior notice. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

(a) You are prohibited from using the site or its content:
(i) for any unlawful purpose;
(ii) to solicit others to perform or participate in any unlawful acts;
(iii) to violate any international or domestic rules, laws, or regulations;
(iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(vi) to submit false or misleading information;
(vii) to upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of the Service or any related website, other websites, or the Internet;
(viii) to collect or track the personal information of others;
(ix) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(x) for any obscene or immoral purpose; or
(xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

(b) We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

(a) The guarantees and provisions of the Consumer Guarantees Act 1993 apply to goods sold and services provided by us to you.

(b) We will use our best endeavours to deliver the goods and provide the services contracted for on the day required or on the day we indicate but cannot guarantee delivery on that day as we are dependent upon carriers and third parties for this purpose, non-working days, and circumstances beyond our control. We will, however, make deliveries of the goods and services contracted for as is reasonable in the circumstances.

(c) Subject to existing contractual obligations, you agree that from time to time we may change or remove the goods and services advertised or promoted on our website for sale or elsewhere without notice to you.

SECTION 14 - INDEMNIFICATION

(a) You agree to indemnify, defend and hold harmless Pick a Box NZ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

(a) In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

(a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

(b) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

(a) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

(b) These Terms of Service and any policies or operating rules posted by us on this site or in respect of The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

(c) Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

(a) These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 19 - CHANGES TO TERMS OF SERVICE

(a) You can review the most current version of the Terms of Service at any time on this page.

(b) Subject to pre-existing contractual rights, we reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

SECTION 20 - CONTACT INFORMATION

(a) Questions about the Terms of Service should be sent to us at info@pickabox.co.nz.

(b) Please refer to our website regarding our Returns Policy and Privacy Policy, and other related

SECTION 21 - TERMS FOR PICK A BOX COMPETITION

By participating in a Pick a Box competition or giveaway, participants acknowledge that they have read, understood, and agreed to the following terms and conditions:

  1. Winners of Pick a Box competitions and giveaways will be selected randomly, unless otherwise stated.
  2. Participants must provide accurate and complete information. Pick a Box reserves the right to disqualify any participant who fails to comply with these terms and conditions.
  3. Every reasonable effort will be made to contact the winners using the details provided.
  4. The prize must be claimed within 12 months of the competition end date. After this period, the prize or any remaining balance will no longer be available.
  5. Prizes cannot be exchanged for cash or transferred to any other person. They cannot be combined with any other offer or promotion. Additional costs, including travel expenses, will be the responsibility of the winners.
  6. The prize cannot be used to purchase alcohol under any circumstances. Participants agree not to use the prize or any associated discount to purchase alcohol or violate the Sale of Liquor Act.
  7. The current available prize will be displayed on our website. Pick a Box reserves the right to modify, restrict participation, or cancel the competition or giveaway, in whole or in part, without providing a reason.
  8. Winners will claim their prize on our usual terms and conditions.
  9. The decision of Pick a Box in selecting the winners and the competition results is final. No correspondence will be entertained.
  10. Participants consent to participating and cooperating in all promotional activities related to the competition or giveaway. If specified, participants also agree to receive promotional emails from Pick a Box or its affiliates (which can be unsubscribed).
  11. All information provided by the participants will be collected, used, stored, disclosed, and corrected in accordance with the Privacy Act 1993. Participants have the right to access their information and request correction of any personal information.
  12. The following persons are ineligible to win any prize: anyone employed by Pick a Box, their immediate family members, or any agencies or companies associated with the competition or giveaway.
  13. Pick a Box reserves the right to disqualify any participant from participating at its sole discretion. Pick a Box also reserves the right to refuse to award a prize to a participant who breaches these terms and conditions, gains an unfair advantage in participating, or wins by fraudulent means.
  14. Pick a Box will not be liable for any loss, damage, costs (including those incurred in accepting or redeeming a prize), or injury suffered by a participant in connection with the competition or giveaway, including any inability to enter, complete or continue the competition or giveaway due to equipment or technical malfunctions.
  15. Pick a Box reserves the right to modify or amend these terms and conditions at any time at its sole discretion, including extending, postponing or cancelling the competition or giveaway.