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Terms & Conditions

Website Terms & Conditions

Effective Date: 01 / 01 / 2025

Welcome to brillbird.co.nz. This website is owned and operated by Brillbird New Zealand Ltd (“Brillbird NZ”, “we”, “us”, or “our”). These Terms and Conditions ("Terms") govern your access to and use of our website, as well as any purchases made through it. By visiting the website or placing an order, you agree to be bound by these Terms. If you do not accept them, you must not continue to use this site or make any purchases.

These Terms apply to all users of the site, including individuals and businesses. When we refer to “you” or “your,” we mean any person accessing or using the website.

1. Overview

This section outlines the key principles that guide your use of the website and purchases made through it:
 

  • You may only use the website for lawful purposes.

  • Orders are subject to our acceptance and stock availability.

  • Prices are listed in NZD and include GST unless otherwise specified.

  • Payment must be completed before we dispatch any goods.

  • We comply with the New Zealand Consumer Guarantees Act.

  • Our liability is limited where permitted by law.

2. Use of the Website

We expect all users of the site to act responsibly and in accordance with applicable laws. This section outlines the basic rules for using our website.

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  • You may only access and use the website for legitimate and lawful purposes.

  • Any attempt to interfere with the site's security, performance, or functionality is prohibited.

  • We reserve the right to suspend or terminate your access if you breach these Terms or misuse the site.

3. Orders and Acceptance

This section explains how orders are processed and when a contract is formed between you and Brillbird NZ.

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  • By placing an order, you are making an offer to purchase goods from us.

  • All orders are subject to our acceptance and availability of the goods.

  • We may cancel or decline any order at our discretion, including for pricing errors or stock limitations.

  • A binding agreement arises once we confirm dispatch of your order.

4. Pricing and Product Information

We aim to be transparent and accurate in how we present our products and prices.

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  • All prices are shown in New Zealand Dollars (NZD) and include GST unless otherwise stated.

  • We make every effort to provide accurate descriptions, imagery, and pricing.

  • We reserve the right to correct errors, and to update prices or product information at any time.

  • Occasionally, products may be substituted with an item of equivalent value or specification.

5. Payment

This section sets out the payment methods accepted on the site, and the requirements for payment before delivery.

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  • Full payment is required before we will dispatch your order.

  • Accepted payment methods include major credit/debit cards and Afterpay.

  • If you choose Afterpay, you will be subject to a separate agreement with them. We are not responsible for the terms of that agreement.

6. Shipping and Delivery

Reliable delivery is important to us. This section explains where we deliver, and when responsibility for the goods transfers to you.

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  • We ship exclusively to addresses within New Zealand.

  • Delivery timeframes are indicative only and may vary based on location and courier performance.

  • Shipping charges will be shown at checkout.

  • Once your order is dispatched, risk of loss or damage transfers to you.

7. Missing or Damaged Goods

If anything is missing or damaged when you receive your order, we want to address it quickly. This section outlines your responsibility to notify us.

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  • Please inspect your delivery immediately upon receipt.

  • Claims for missing or damaged items must be made in writing within 48 hours of delivery.

  • We may not be able to assist with claims made outside this timeframe.

8. Returns and Refunds

Returns and refunds are managed in accordance with our separate Returns & Refunds Policy. This policy outlines the conditions under which you may return products, the timeframes for doing so, and your obligations in the returns process. Please refer to it before initiating any return.

9. Consumer Guarantees

All goods sold by Brillbird NZ are supplied in accordance with the guarantees provided under the Consumer Guarantees Act 1993 (CGA). Nothing in these Terms is intended to exclude, restrict, or modify your rights under the CGA. Where it is legally permissible, our liability in relation to such guarantees may be limited to the replacement or refund of the relevant goods.

10. Limitation of Liability

We aim to provide quality service and products, but there are legal limits to what we can be held responsible for. This section outlines those limits.

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  • To the fullest extent permitted by law, we are not liable for any indirect or consequential losses.

  • We do not guarantee uninterrupted or error-free access to the website.

  • Our total liability is limited to the amount paid for the product giving rise to the claim.

11. Intellectual Property

Our brand, content, and materials are protected. This section explains what you can and cannot do with our intellectual property.

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  • All content on this site—text, images, logos, designs—is owned or licensed by Brillbird NZ.

  • You may not copy, reproduce, or use our content without prior written permission.

13. Changes to These Terms

We may amend or update these Terms and Conditions from time to time to reflect changes in our business practices, legal requirements, or the functionality of the website. Any changes will take effect immediately upon being published on this page, and it is your responsibility to review the Terms regularly. By continuing to use the website after any updates, you are deemed to have accepted the revised Terms.

14. Governing Law

These Terms and Conditions, and any matters arising in connection with them or your use of the website, are governed by the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand courts in relation to any dispute, claim, or legal proceeding that arises directly or indirectly from these Terms or your use of the site.

15. Contact Us

If you have any questions about these Terms or your dealings with Brillbird NZ, please contact us using the information below:

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Brillbird New Zealand Limited
Email: info@brillbird.co.nz
Phone: +64 27 358 0111

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