Shipping Delay Updates

Our main delivery partner Go Sweet Spot provides updates on known impacts to domestic deliveries.

We encourage you to track your delivery progress via the tracking link in your account and to only contact us if your delivery is overdue by more than 7 working days.

Terms & Conditions

General Customer Terms & Conditions

Introduction

OYSTER AND MOON LIMITED, a duly incorporated company having its registered office at Greenhithe, New Zealand ("Oyster & Moon" or "us"), is an Aotearoa New Zealand owned and operated online shopping platform featuring the creative and cultural products of Tāngata o Te Moana-nui-a-Kiwa and operates a marketplace platform which includes retail, wholesale, commissioning and educational functions via www.oyster-moon.com website, also accessible via related websites, affiliate and partner websites, apps, tools, social media, links, platforms, or other facilities ("Platform").

By using the Platform (and any of our associated websites, Apps or social media pages), you accept these terms and conditions (Agreement) and our Privacy Policy. We may change these terms at any time, and changes will be posted on the Platform. We will notify you where there are any material changes to these Customer Terms. By continuing to use the Platform, you agree to be bound by any changes.

The Platform

2.1 Registration

You can register as a member to place orders on the Platform. To register as a member, you must be at least 18 years old. You will also need to provide us with personal information including your name, address, valid mobile phone number and email address. You are responsible for ensuring this information is up to date at all times.

We may disable your registration at any time if we believe that you are not using Oyster and Moon in an appropriate or reasonable way.

2.2 Use of the Platform

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. If you suspect or become aware of any unauthorised use of your account, you must notify us immediately and take immediate steps to re-secure your account.

Other than connecting to Oyster and Moon through the Platform, you must not gain or attempt to gain access to Oyster and Moon's servers. You agree not to disrupt, modify or interfere with the Platform and its associated software, hardware and data in any way.

We do not warrant that the Platform will be available at all times and without disruption. We may make changes to the content on the Platform at any time without notice.

The Platform has some links to third party websites. These sites have not been prepared by us and are not under our control. Any third party links are only provided as a convenience and we are not responsible for the content or availability of any of these links.

2.3 Placing orders on the Platform

Information about products on the Platform is based on material provided by Suppliers. We cannot be held responsible for incorrect information supplied by Suppliers and you agree to make your own enquiries to verify information and assess the suitability of products before placing an order. We also note that due to photographic and screen limitations, some actual products may differ to a small extent in visual appearance from the way they appear on the Platform. Any information contained on our Platform (and any of our associated websites, Apps or social media pages) constitutes an invitation to treat only and is not an offer by us to supply any products.

To order a product, add it to the shopping cart and proceed through the checkout process. You will be required to enter payment information, which, if successfully completed, will lead to a confirmation page (which you can use as a receipt of your order). Once you complete an order (including payment), we will send confirmation of your order.

Your order will be delivered to the address you have provided on your order. The associated delivery costs for the order will be displayed to you before you make payment.

Some products on the Platform carry an age restriction. If a product you have selected is age restricted, you will be required to confirm that you are an appropriate age to purchase the product. Confirming this means you represent to us and the Supplier that you are of an eligible age and that you are not purchasing the product on behalf of a person who is not the appropriate age. We may require you to confirm your age upon delivery of your products.

Please Note:

Unless otherwise stated, reward programs or special discounts applicable to individual retailers/Suppliers outside the Platform do not apply to orders placed on Oyster and Moon.

2.4 Cancelling Orders

We reserve the right to cancel orders that we believe to be placed for commercial purposes or are fraudulent (including where we believe there may have been credit card or a payment related fraud). We, or the Supplier may also cancel orders where there has been an error in the listing of the product (e.g. an incorrect price). If your order is cancelled, you will be refunded in full.

2.5 Promotions and Offers

Promotional Coupon Terms and conditions

Promotional coupons are applicable to all eligible products across Oyster and Moon.

Promotional coupons on Oyster and Moon.com are only applicable to new customers unless otherwise specified.

Oyster and Moon reserves the right to amend or cancel promotional coupons and to update the terms and conditions without notice.

Promotional coupon discounts are applied when the code is claimed or the relevant code is entered at checkout on Oyster and Moon.

Coupon discounts may exclude the cost of shipping (if relevant).

Only one coupon may be used per transaction on Oyster and Moon.

Coupons may be used a maximum of one time per customer unless otherwise stated.

Oyster and Moon general website terms & conditions also apply.

Where you have applied a conditional promotion to an order (e.g. free shipping or a % discount for spending above a certain amount), and the order (or part of the order) has been cancelled or refunded, the terms in this clause will apply.

The Supplier cancels the order: where the Supplier cancels your order (or part of your order) e.g. because the Supplier is unable to fulfil your order, conditional promotions will not be reversed (even if the remaining order value no longer qualifies for the relevant promotion).

You return the order: where you return your order (or part of your order), conditional promotions, but not any free shipping promotions, will be automatically reversed if the remaining order value no longer qualifies for the relevant promotion.

Please Note:

Unless otherwise stated, reward programs or special discounts applicable to individual retailers do not apply to orders placed on Oyster and Moon.

Coupons can not be added to an order retrospectively.

If you are returning an item(s) and a coupon or portion of a coupon was used when placing the order, we will only reimburse the coupon or portion of coupon used where item(s) returned are:

• Faulty.
• Incorrect item received.
• Damaged upon arrival.
• Differs from advertised image - applies only if Oyster and Moon can determine item differs from advertised image.

2.6 Pricing

All prices listed on Oyster and Moon are in New Zealand dollars and are inclusive of GST. Please note that prices may be altered on the Platform at any time for any reason. Delivery charges may be listed separately.

International Suppliers:

Where orders are delivered from Suppliers located outside New Zealand, they may be subject to duties or other charges. You will be responsible for paying such duty or other charges and acknowledge that delivery of orders may be delayed where payment of such duty or other charges is required. Please note that prices may be altered on the Platform at any time for any reason. Delivery charges may be listed separately.

2.7 Payment

We currently accept the following credit cards: Visa and MasterCard.

Oyster and Moon offers you the option of paying for your products through Stripe. Stripe is an external service provider and is not part of Oyster and Moon or a Related Company. There are no initial fees applicable to you for using Stripe.

We note that where any payments made to Suppliers are made in a currency other than New Zealand Dollars, we will pay the Supplier based on a market Foreign Exchange Rate on the date of payment, and may keep any gains made as an FX margin.

Your Order

3.1 Transacting with Oyster and Moon

To the extent permitted by law, Oyster and Moon makes no warranty or representation regarding the standard or description of any products to be supplied by the Suppliers. Suppliers are the 'supplier' of the products under the Consumer Guarantees Act 1993 and are responsible for all statutory guarantees and warranties (if any).

GST receipts will be provided by Oyster and Moon Ltd as the retailer of the Supplier's products.

3.2 Delivery of your order

Delivery times are set by Suppliers and therefore vary depending on which Supplier you are buying from. After placing your order, you will be able to track its progress by logging into the Platform which will either display the progress of your order, or provide a link to the relevant carrier’s site (on which you can check your order’s progress).

To ensure successful delivery, you must provide a delivery address where someone will be present during business hours. The Supplier will not be liable for late delivery where attempted delivery has occurred on or before the relevant delivery timeframe.

3.3 Returns and Refunds

All products sold on Oyster and Moon are likely to come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993. If you believe that you have a claim under the Consumer Guarantees Act 1993, you may have the right to a replacement or a refund. Please see our Buyer Guarantee which outlines the process to follow if you believe you have the right to a replacement or refund, or if you think your goods have been damaged or lost during delivery.

As set out in the Buyer Guarantee, you must lodge any complaint you may have through our Platform. Once your complaint has been lodged, we will liaise with the relevant Supplier to resolve your complaint. Oyster and Moon attempts to resolve complaints as quickly as possible and relies on you to promptly provide all the information needed to resolve your complaint.

If free shipping has applied to you order, and you return the item due to change of mind, the original shipping amount may be deducted from the return refund.

3.4 Consumer Rights / Liability

Our Buyer Guarantee sets out our standard process for handling certain claims under the Consumer Guarantees Act 1993, however, nothing under clause 3 (or our Buyer Guarantee) is intended to have the effect of restricting or modifying your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other obligations that cannot be restricted or modified by law.

General Terms

4.1 Privacy Policy

We are committed to protecting your privacy. By accessing and using the Platform, you consent to the collection, use, storage, and disclosure of your personal information in accordance with our Privacy Policy. When making any purchase through the Platform you acknowledge and agree that we may disclose your personal information to the relevant Supplier. Any personal information disclosed to, and used by, a Supplier is governed by that Supplier’s own privacy practices and policies. We accept no responsibility or liability for the privacy practices or policies of any Supplier.

4.2 Intellectual Property

You acknowledge that we are the sole owner or licensee of all intellectual property rights in the Platform and all products listed on it. We hold copyright in all content and elements of our website. You must not copy, alter or reproduce any product, our content or logo, or the Platform (or any part of it), nor permit any person to do so without our prior written consent.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display, and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Platform and developing your ideas and suggestions for improved products we provide.

4.3 Disclaimer

Nothing in this clause is intended to have the effect of restricting or modifying your rights or our obligations that cannot be restricted or modified by law (e.g. the Consumer Guarantees Act 1993). Subject to the previous sentence, Oyster and Moon does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any Supplier’s advice, opinion, information, representation or omission whether negligent or otherwise, on the Platform or your use of the Platform. You are solely responsible for the actions you take in reliance on the Supplier’s content on, or accessed through, the Platform.

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, in connection with or in respect of your breach of this Agreement.

4.4 General

If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

The Platform and any use of it is governed by, and is to be interpreted in accordance with, the laws of New Zealand and you and we submit to the exclusive jurisdiction of the courts of New Zealand.

Oyster-moon.com is a trading name of Oyster and Moon Limited, a New Zealand company (company number 8293466). The name that will appear on your payment account will be Oyster and Moon.

4.5 Fair Use Policy

All products offered for sale on Oyster and Moon, including those on sale, promotion or with any discounts on retail prices, are offered under our Fair Use Policy to registered users of Oyster and Moon, for the purchase of goods for personal use only. We reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to be placed for commercial purposes e.g. purchases perceived to be intended for wholesale, or resale. Items on sale or promotion may be limited to one per customer. Discount limits per customer and maximum savings per customer will be monitored for any suspected abuse of policy. Oyster and Moon reserves the right to cancel any orders deemed to be in conflict with these policies. If we cancel your order, you will be refunded in full and the funds returned to the purchasing account. Persistent abuse may result in suspension or termination of user account.

Third-party offers

From time to time we may send you offers relating to services or products on behalf of our third-party suppliers. Such offers are not offers from us, they are offers from the relevant third-party supplier and the third-party supplier's terms and conditions and privacy policy will apply to such offers. We are not responsible for fulfilment or management of such offers and you agree that when you accept any third-party offer or engage with any third-party supplier it is at your sole risk.

Personal Information

We collect a range of personal information about you in connection with purchases made on Oyster and Moon, including your contact details, payment details, location, shopping history and preferences, and offer redemption. This information is collected primarily to enable us to provide you a more customised and tailored shopping experience across all of our Suppliers. We also use this information in an aggregated form to undertake a range of data analytics and produce insights into customer behaviour to help shape our marketing and business strategies.  We will handle your personal information in accordance with our Privacy Policy.

You may request that we update or correct your personal information at any time, as further detailed in our Privacy Policy.

Marketing and Email Subscription

The email address that you provide to us upon registration with the Platform will be used by us to email you with the latest deals, offers and any news or updates. We may also send you marketing and service-related messages through SMS and/or via app notifications. You may opt out of receiving promotional emails from us at any time either by clicking the unsubscribe facility in any electronic message that we send you or by contacting us at kiaora@oyster-moon.com

Gift Card Terms and Conditions

Once the e-Gift Card is used, any unused value associated with the e-Gift Card will be reissued with a new code and will remain valid until the expiry date stated on the e-Gift Card.

If your order exceeds the amount of your Gift Card, you must pay for the balance with a credit card or other agreed form of payment.

• Oyster and Moon Gift Cards are not redeemable for cash.
• Oyster and Moon Gift Cards are not refundable.
• Valid for 12 months from the purchase of the gift card.
• Recipients may only use Oyster and Moon e-Gift Card for purchases online at oyster-moon.com
• The e-Gift Card will not be replaced if lost, stolen, or destroyed.
• Each e-Gift Card is identified by individual code that must not be changed or copied by purchaser.
• The purchaser is not allowed to transfer, re-assign, or re-sell e-Gift Cards.
• Only one gift card can be redeemed per transaction