Terms and Conditions

1. Consumer rights and scope

Daily Nest NZ sells goods in trade. Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including rights under the Consumer Guarantees Act 1993 (CGA), Fair Trading Act 1986 or Privacy Act 2020.

These terms apply to direct website sales. If another policy or product page conflicts with these terms, any mandatory consumer right prevails, followed by the order-specific information presented and accepted at checkout, then these terms.

2. Eligibility, authority and accounts

You must have legal capacity to place an order. If you are under 18, you must have permission from a parent or guardian. If you order for another person or organisation, you confirm that you are authorised to bind them.

You must provide accurate, current and complete account, billing, contact and delivery information. You are responsible for keeping your login details confidential and for promptly telling us about suspected unauthorised use. We may reasonably suspend an account or hold an order where necessary to investigate security, fraud, payment or legal concerns.

3. Product information and suitability

We take reasonable care to keep descriptions, photographs, dimensions, specifications and availability information accurate. Screen settings, lighting, natural materials and manufacturing processes can produce reasonable variations in colour, grain, texture, finish or dimensions. A variation does not excuse a product that materially fails to match its description or satisfy an applicable consumer guarantee.

Before ordering, check dimensions, compatibility, intended use, assembly requirements and access through doors, stairs or lifts. If you need a product for a particular purpose, tell us before ordering and provide complete information. Any recommendation is based on the information you supply, whether the recommendation is given orally or in writing.

4. Prices and other charges

Unless stated otherwise, prices are in New Zealand dollars (NZD). The total payable for an order is shown before you submit payment.

The product price does not include delivery or optional services unless expressly stated. Applicable delivery charges, discounts and optional services are displayed or calculated before you submit payment. Your payment provider may separately charge fees under its own terms.

We may change prices and promotions at any time before an order is accepted. A later price change does not alter an order already accepted, except where you agree or the law permits.

5. Placing an order and contract acceptance

Products displayed on the website are invitations to place an order, not binding offers by us. When you submit an order, you offer to buy the selected products on these terms at the checkout total.

An automated order confirmation or payment authorisation confirms receipt of your order; it does not by itself mean we have accepted it. We accept the order, and a contract is formed for the accepted items, when we send a dispatch confirmation or otherwise expressly confirm acceptance.

We may contact you for information reasonably required to verify or fulfil the order. If you do not provide it within a reasonable time, we may cancel the affected unaccepted item and refund the corresponding amount paid.

6. Availability, order limits and genuine errors

Stock is not guaranteed until an order is accepted. Before acceptance, we may decline or cancel an item because it is unavailable, cannot lawfully be supplied, exceeds a reasonable purchase limit, cannot be delivered to the address, is affected by a genuine pricing or description error, or presents a reasonable fraud or security concern.

If a genuine pricing or description error is identified before acceptance, we may give you the option to proceed on the corrected information or cancel the affected item. We will not automatically charge a higher price. If we cancel, we will refund the amount paid for the affected item and any delivery charge that no longer applies.

We will correct recurring pricing or description errors promptly and will not use an error clause to support misleading pricing.

7. Payment, authorisation and fraud checks

You authorise us and our payment providers to charge the checkout total to the selected payment method. You confirm that you are entitled to use that method and that the payment information is accurate.

Payment may be authorised or captured before order acceptance. If we do not accept all or part of an order, we will void the authorisation where possible or refund the corresponding amount. Banks and payment providers control how long a release or refund takes to appear.

We may use reasonable verification measures and may hold or decline an unaccepted order where payment is refused, reversed or reasonably suspected to be unauthorised or fraudulent. We may request information reasonably necessary for verification but will handle personal information under our Privacy Policy.

8. Delivery, title and risk

Delivery areas, charges, estimates, address requirements and unsuccessful delivery arrangements are set out in our Shipping and Delivery Policy. Delivery estimates are not guarantees unless we expressly agree otherwise, but goods must still be delivered within the agreed time or, if none was agreed, within a reasonable time under New Zealand law.

You must provide a complete and accessible delivery address and any reasonably necessary instructions. Contact us promptly if you notice an address or delivery-option error; we will explain the available next steps if the order can no longer be changed.

Ownership passes when we receive cleared payment in full. Risk of loss or damage passes when the goods are delivered to the address, recipient or authorised safe place you nominated, subject to any rights you have under the CGA and our responsibility for delivery.

9. Order changes and cancellations

Contact us immediately if you want to change or cancel an order. A request is not effective until we confirm it. We will try to help before allocation, packing or carrier handover, but cannot guarantee that processing can be stopped.

If we confirm cancellation before dispatch, we will refund the cancelled product and any undelivered shipping charge. After dispatch can no longer be stopped, a return is governed by our Returns and Refunds Policy unless a statutory cancellation or remedy applies.

10. Returns, faults and refunds

Faulty, damaged, incorrect or misdescribed products, product assessments, change-of-mind requests and refund timing are governed by our Returns and Refunds Policy. We accept change-of-mind return requests for eligible products within 16 calendar days after delivery, subject to that policy's conditions, costs and exclusions. That policy forms part of these terms.

There is no general legal right to return a product merely because you changed your mind. Change-of-mind returns are handled under the conditions in that policy. Those conditions do not limit remedies required by the CGA or other New Zealand law.

11. Promotions, discounts and gift cards

Promotion-specific conditions form part of the offer. Eligibility, dates, minimum spend, included products, redemption limits and exclusions will be stated with the promotion. Unless stated otherwise, promotions cannot be combined, have no cash value and apply while the available allocation lasts.

If an order is partly cancelled or a change-of-mind return means a promotion's conditions are no longer met, we may recalculate the promotion against the products kept, as explained in our Returns and Refunds Policy. We will not use promotional conditions to reduce a remedy required by law.

Gift cards are subject to any conditions disclosed when purchased and any minimum expiry period required by New Zealand law. Lost or misdirected gift card details should be reported promptly; replacement is subject to reasonable verification and any non-excludable rights.

12. Website access, intellectual property and customer content

You may use the website for lawful personal or business shopping. You must not interfere with its security or operation, introduce malicious code, scrape or reproduce substantial content without permission, impersonate another person, or use the website for unlawful, fraudulent or abusive activity. We may restrict access where reasonably necessary to protect customers, the website or our legal rights.

Website content, branding, photographs, graphics and product copy are owned by or licensed to Daily Nest NZ and are protected by applicable intellectual property laws. You may view and print reasonable extracts for your own non-commercial shopping use, but no other right is granted.

If you submit a review, photograph or other content, you confirm that you have the right to do so and that it is accurate, lawful and does not infringe another person's rights. You grant us a non-exclusive, worldwide, royalty-free licence to display, reproduce and adapt that content for operating and promoting Daily Nest NZ. We may moderate or remove content for legitimate legal, safety or relevance reasons, but will not manipulate reviews in a misleading way.

Third-party links and payment services are provided by independent operators under their own terms. We are not responsible for their separate content or services, but this does not limit responsibility we have for suppliers or agents under applicable law.

13. Liability and purchases made in trade

Nothing in these terms excludes liability for fraud, wilful misconduct, or any right, guarantee, remedy or liability that cannot lawfully be excluded or limited. For consumer purchases, you may recover loss or damage available under the CGA, including reasonably foreseeable loss caused by a failure. You must take reasonable steps to avoid or minimise further loss and provide reasonable evidence of the amount claimed.

To the maximum extent permitted by law, we are not responsible for loss caused by your misuse, unauthorised modification, failure to follow instructions, inaccurate information, or an event for which we are not legally responsible.

If you acquire goods in trade for business purposes, both parties are in trade, and it is fair and reasonable that they agree, the parties agree in writing that the CGA does not apply to that business transaction. To the extent lawful and fair and reasonable in the circumstances, our aggregate liability for a business transaction is limited to the amount paid for the affected goods, and we are not liable for indirect loss of profit, revenue, data or business opportunity. This paragraph does not apply to a consumer transaction.

14. Events outside our reasonable control

We are not liable for delay or failure to the extent caused by an event outside our reasonable control, provided we take reasonable steps to reduce the effect and resume performance. Examples may include natural disasters, severe weather, transport disruption, strikes, utility or network failure, government action, epidemic or supply-chain interruption not reasonably avoidable by us.

We will notify affected customers where reasonably practicable. If an event causes material delay and the order cannot be fulfilled within the agreed or a reasonable time, either party may have cancellation rights under applicable law; where we cancel an unfulfilled item, we will refund the corresponding amount.

15. Privacy, communications and general terms

We collect, use, store and disclose personal information as described in our Privacy Policy. By ordering online, you agree that transaction-related notices may be sent electronically to the contact details you provide. Marketing communications remain subject to applicable consent and unsubscribe requirements.

We may update these terms for future website use or orders. A material change does not retrospectively alter an order already accepted unless required by law or agreed with you. The version applying to an order is the version presented when that order was placed, subject to mandatory law.

If part of these terms is unlawful or unenforceable, it will be read down or severed to the minimum extent necessary without affecting the remaining terms. A delay in enforcing a right is not a waiver. You may not transfer an order or your rights under it without our consent, except where the law permits. We may transfer our rights or obligations as part of a genuine business transfer if this does not reduce your rights.

These terms and direct website orders are governed by New Zealand law. New Zealand courts and tribunals have non-exclusive jurisdiction, and nothing prevents a consumer from using any forum available under mandatory law.

For questions about these terms or an order, email dailynestnz@gmail.com.

For independent information, see the New Zealand Government's consumer law guidance. This link is provided for general information and does not form part of these terms.

Daily Nest NZ is operated by JYM TRADE LTD.