Terms &
Conditions
By using this website you agree to be bound by these Terms and Conditions ("Terms"). The Terms apply to all users of this website and to all purchases of goods and services from EMBER Gifts NZ Ltd ("EMBER", "we", "us"). If you do not accept these Terms, please refrain from using this website.
We may amend the Terms at any time by updating them on this website. Amended Terms take immediate effect upon publication. By continuing to access the website after any amendment, you agree to be bound by the updated Terms.
We will supply goods and services to you on these Terms only, unless we have expressly agreed in writing to a variation of them.
In order to purchase products you will be asked to provide personal information including your name, delivery address, phone number and email address. Please refer to our Privacy Policy for details on how we collect, store and use this information.
We will use your information to process your order, communicate with you about that order, and — where you have opted in — to keep you informed about new products and offers. You may opt out at any time.
We remain the owner of any product we supply to you until we have received payment in full. All prices are listed in New Zealand dollars, inclusive of GST, and must be paid in New Zealand dollars. Prices exclude delivery unless otherwise stated.
No contract for the sale and purchase of products will be formed until we confirm acceptance of your order. We reserve the right to decline any order at our discretion.
We deliver within Aotearoa New Zealand. Selected products may also be available for international delivery — please contact us to confirm availability before ordering.
Risk in the product passes to you as soon as it is delivered to the address nominated in your order, or when a "Card to Call" delivery slip has been left at that address. If you are concerned about the safety of leaving a parcel unattended, we recommend selecting the Signature Required option at checkout.
When Authority to Leave is selected, EMBER will not be held responsible for any lost or stolen parcel once it has been delivered to the nominated address.
We will make reasonable endeavours to deliver within our stated timeframes. If you have specified a preferred delivery date, we will do our best to meet it, but time is not of the essence and we will not be liable for late delivery. Late delivery does not entitle you to cancel any order.
If EMBER incorrectly addresses a delivery, we will re-deliver, replace or refund the product at our discretion. We take no responsibility for non-delivery or misdelivery resulting from an incorrect or incomplete address provided by you, or where access to the delivery address was not possible. If a gift is sent to an incorrect address provided by the sender and is discarded, we are not obligated to replace it.
If your order has not arrived, please contact us within 14 days of the dispatch date. We will investigate to the best of our ability. Please contact us within 7 days of delivery if a product has been damaged in transit.
In the unlikely event that your gift arrives damaged or you are not satisfied with your purchase, please contact us as soon as possible at hello@embergifts.co.nz. We will make arrangements for the gift to be returned and either replaced or refunded.
We are unable to offer refunds for change-of-mind purchases due to the perishable and personalised nature of our products.
Where a product is unavailable after an order has been placed and no suitable substitution exists, we will provide a full refund for that item.
By submitting a gift message or personal note with your order, you confirm that the content is lawful, not defamatory, and does not infringe the rights of any third party. EMBER reserves the right to decline to include any message that we deem inappropriate, offensive or unlawful, without obligation to inform you in advance.
Story cards and personalised messages are produced specifically for each order. Once an order has been dispatched, we are unable to amend or replace story card content.
All content on this website — including but not limited to the EMBER name, wordmark, teal dot device, photography, product copy, story card content, typography and design — is the property of EMBER Gifts NZ Ltd or its licensors, and is protected by New Zealand and international copyright and intellectual property laws.
Unauthorised reproduction, republication, redistribution or use of any content on this website, by any means, is prohibited without our prior written consent.
This website may contain links to third-party websites. These links are provided for your convenience only. We are not responsible for the content, operation, or privacy practices of any third-party site, and a link does not constitute an endorsement by EMBER.
To the extent permitted by law, all express or implied conditions and warranties in connection with the website, the service and the sale of any products are excluded. We do not exclude liability under any condition or warranty that cannot be excluded by law.
Where liability cannot be excluded, we limit our liability — to the extent permitted by law — to one or more of the following at our option: replacement of the product; supply of an equivalent product; or a full refund of the price paid for those goods or services.
We will not in any case be liable for consequential or special damages, including loss of business profits, nor will we be responsible for any losses, damages, costs or other consequences arising from any delay in delivery.
We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. We will not be liable to any person if we decline to fulfil or are unable to fulfil an order.
You may register an account with us when purchasing through this website. You are responsible for maintaining the confidentiality of your account credentials and for preventing unauthorised access. You accept responsibility for all activities that occur under your account.
Please inform us immediately if you have reason to believe your credentials have been compromised. Contact us if you wish to delete your customer account.
EMBER is committed to protecting your personal information. We collect only the information necessary to process your order and communicate with you. We do not sell, share or rent your personal information to third parties. Our full Privacy Policy is available on our website.
By placing an order with us, you consent to the collection and use of your personal information in accordance with our Privacy Policy and the New Zealand Privacy Act 2020.
These Terms, and any matters or disputes connected with this website or our services, are governed by the laws of Aotearoa New Zealand. Any disputes will be subject to the exclusive jurisdiction of the New Zealand courts.
If you have a complaint or concern, please contact us first at hello@embergifts.co.nz — we will always endeavour to resolve issues directly and promptly.
Questions about
these terms?
We're happy to clarify anything. Email us at hello@embergifts.co.nz and a real person will respond.
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