Terms of service

These Terms of Service govern your use of www.embergifts.co.nz (the "Site") and any orders you place through it. By using the Site or placing an order, you agree to these Terms. Please read them carefully.

1. About us

EMBER Gifts is a New Zealand owned and operated business. We sell personalised Forever Prints (star maps, moon phases, tide charts) and Objects That Remain (pounamu, bone and paua jewellery) to customers in Aotearoa New Zealand.

You can contact us at any time at hello@embergifts.co.nz.

2. Pricing & payment

All prices on the Site are listed in New Zealand dollars and are inclusive of GST. Prices exclude delivery unless otherwise stated. We reserve the right to correct any error or omission in pricing on the Site at any time.

Payment is taken at checkout. We accept Visa, Mastercard, American Express, PayPal, Afterpay and Shop Pay. All payments are processed securely through Shopify Payments; we do not store your full card details.

3. Orders & acceptance

Placing an order through the Site is an offer to buy. No contract is formed until we confirm acceptance of your order by email. We reserve the right to decline any order at our discretion, including (but not limited to) where stock is unavailable, where there is an error in price or product description, or where we suspect fraud.

We remain the owner of any product we supply to you until we have received payment in full.

4. Personalisation & Forever Prints

Forever Prints are generated from the date, time and location you provide at checkout. We use the data you submit exactly as entered. Please double-check your details — including spelling of place names and any personal message — before paying. Once a Forever Print enters production, it cannot be cancelled or changed.

The print preview shown in the designer is a faithful representation of the final print. Minor variation in colour between screen and printed output is normal and not considered a defect.

5. Product substitution

In the rare event that a specific product is unavailable, EMBER reserves the right to substitute it with an alternative product of equal or greater value, with the customer's prior agreement.

6. Delivery

Delivery is governed by our Shipping Policy, which forms part of these Terms.

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 select Authority to Leave at checkout, EMBER is not 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. Late delivery does not entitle you to cancel an order. If your order has not arrived, please contact us within 14 days of dispatch and we will investigate with the courier on your behalf.

7. Returns & refunds

Returns and refunds are governed by our Refund Policy, which forms part of these Terms.

8. Intellectual property

All content on the Site — including the EMBER name, logo, designs, photography, copy and the visual output of the Forever Print designers — is owned by EMBER Gifts or its licensors and is protected by New Zealand and international copyright and trademark law. You may not reproduce, distribute or use any of it without our prior written consent.

When you order a Forever Print, you receive a personal-use copy of the design for your own enjoyment. You do not acquire any rights to reproduce, resell or commercially distribute the print or its underlying design.

9. User-submitted content

If you submit a review, photograph, comment or other content to EMBER (including via email or social media), you grant us a non-exclusive, royalty-free licence to use that content for promotional purposes, with attribution where appropriate. You confirm that any content you submit is your own work and does not infringe anyone else's rights.

10. Limitation of liability

Nothing in these Terms limits or excludes any rights you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other consumer protection legislation that cannot be excluded by contract.

Subject to the above, our total liability to you for any loss arising from your use of the Site or any product purchased through it is limited to the amount you paid for the product giving rise to that loss.

11. Privacy

Your personal information is collected, used and disclosed in accordance with our Privacy Policy.

12. Governing law

These Terms are governed by the laws of New Zealand. Any disputes arising under these Terms are subject to the exclusive jurisdiction of the New Zealand courts.

13. Changes to these Terms

We may update these Terms from time to time. The current version is always available on this page. Any changes apply to orders placed after the "Last updated" date below.