Terms and Conditions of Sale – The Good Life Gifts

The Good Life provides services subject to notices, terms and conditions as set out below. By accessing, browsing, or shopping on this website, you agree to all the terms and conditions in this agreement. Please read them carefully.

ORDERS AND PRICE

You agree to place orders on our website at www.thegoodlifegifts.co.nz

You agree that each order accepted by us will constitute a separate contract on the terms of this Agreement.

You will pay the price stated on our website, which includes Goods and Service Tax. We reserve the right to vary prices without notice.

Confirmation and acceptance by the Seller occur when the Seller acknowledges receipt of the order either through an automated email generated through the Seller’s website or other sales platform, or through a non-automated email, or some other form of communication accepting the order.

PAYMENT

Payment: Where you are not paying via our website you will pay your account by direct credit on the due date set out in your invoice. We reserve the right not to confirm an order paid for by direct credit until the payment has cleared.

Website payments: Payments you make via our website are processed by Stripe and its global affiliates (“Stripe”).

If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.

Unless otherwise agreed we will only start processing your order once you have made payment in full.  We reserve the right to cancel a confirmed order if we do not receive your payment within three days of you placing that order.

REFUNDS

If a price refund is applicable, any price refunds will be affected within 30 days after Plan 2 Perform Sports Ltd has been notified of the reason, conditional upon any returned product being in original and saleable condition.  Returned items are at the consumer’s cost.

DELIVERY

We undertake to use reasonable endeavours to deliver the Goods within the time specified by us.

Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability will be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).

OWNERSHIP AND RISK

Consumers: Goods ordered through us are at our risk until delivered to you. Once delivered, ownership and risk in the Goods passes to you.

GUARANTEES AND LIABILITY

Consumer Guarantees Act: If you are not buying Goods for business purposes the following applies:
(a) If you are a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.  Those rights apply alongside these Terms and Conditions and are not affected by anything in this Agreement.
(b) If items you have purchased are damaged, faulty or spoiled at the time of delivery, we will comply with our obligations under the Consumer Guarantees Act 1993. Otherwise, we do not accept cancellations or returns. The Seller is not obliged to provide you with a refund if you have changed your mind so please place your orders carefully.

GENERAL

Events outside our control: If any cause beyond the reasonable control of the Seller including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, act of God or other contingency interferes with delivery by the Seller or with the performance by the Seller or any of its obligations under this Agreement then the Seller may at its sole discretion suspend its performance of any such obligation or cancel this Agreement and will not be liable to the Customer in any respect.

Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.

Variation to Terms: We may vary or replace these Terms from time to time by publication on our website.

Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring the performance of this Agreement and any future arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in supplying the Goods. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the supply of the Goods and any future arrangement or arrangements. Because we use Stripe to process payments, you consent to and understand that your personal information may be sent to Stripe, and may be transferred, processed and stored outside of New Zealand.

Please refer to our Privacy Policy for our full privacy and security practices.

Electronic Communications: You consent to receive electronic messages from us.  If you wish to opt-out of receiving these messages tell us in writing and we will remove you from the mailing list.

Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.

Website functionality: The Good Life does not represent or warrant that the functions within the website would be uninterrupted or error-free, that any defects would be corrected, or that the website or the server that makes the website available is free of viruses or other harmful elements.

Privacy policy

The Good Life is committed to providing quality products to you and this policy sets out how we will collect, use, disclose and protect your personal information.

WHAT DO WE DO WITH YOUR INFORMATION
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

HOW WE USE YOUR PERSONAL INFORMATION
We will use your personal information:

• to verify your identity
• to provide services and products to you
• to market our services and products to you, including contacting you electronically (e.g. by email for this purpose) 
• to improve the services and products that we provide to you
• to undertake credit checks of you (if necessary)
• to bill you and to collect money that you owe us, including authorising and processing credit card transactions
• to respond to communications from you, including a complaint
• to conduct research and statistical analysis (on an anonymised basis)
• to protect and/or enforce our legal rights and interests, including defending any claim

CONSENT

How do you get my consent

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

PAYMENT

Our online shop uses Stripe for our automated payment gateway to process all payments. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. To accomplish this, we use the best-in-class security tools and practices to maintain a high level of security at Stripe.
All card numbers are encrypted at rest with AES-256. Decryption keys are stored on separate machines. None of Stripe’s internal servers and daemons can obtain plaintext card numbers but can request that cards are sent to a service provider on a static allow list. Stripe’s infrastructure for storing, decrypting, and transmitting card numbers runs in a separate hosting environment and doesn’t share any credentials with Stripe’s primary services (API, website, etc.).
You can read Stripe NZ’s privacy policy here.

LINKS

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

INTERNET USE

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information.  We suggest you review that site’s privacy policy before you provide personal information.

We use cookies (an alphanumeric identifier that we transfer to your computer’s hard drive so that we can recognise your browser) to monitor your use of the website.  You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features of the website.

 

CHANGES TO THIS POLICY

We may change this policy by uploading a revised policy onto the website.  The change will apply from the date that we upload the revised policy.

 

PROTECTING YOUR PERSONAL INFORMATION

We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or misuse.

 

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

Subject to certain grounds for refusal set out in the New Zealand Privacy Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information.  Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction.  If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

If you want to exercise either of the above rights, email us at info@thegoodlifegifts.co.nz. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).