Chuffed Terms and Conditions

Chuffed Terms and Conditions

This website is owned by Tourism 2020 Limited (Company Number 8011376) trading as Chuffed Gifts (“Chuffed”). 

By accessing or using this website and our services, you agree to these Terms and Conditions, which include our Privacy Statement (“Terms”).  You should review our Terms carefully and immediately cease using our Website if you do not agree to these Terms.  In these Terms, ‘us’, ‘we’ and ‘our’ means Chuffed.

1. Definitions
   1. Booking means booking an Experience by a owner of the gift.
   2. Booking Date means the date on which an Experience is scheduled to occur.
   3. Customer means a user who purchases a Experience Gift through the website or redeems a Voucher.
   4. Experience means an experience or a product provided by a supplier when a customer redeems a Voucher.
   5. Experiences Gift means a Chuffed Gift and experience options purchased through the website
   6. Purchase means a purchase of a experience gift through the website.
   7. Supplier means a third party supplier who provides experiences.
   8. Gift means a gift purchased from Chuffed which contains experiences choices and unique ticketing information.
   9. Validity Period is 24 months from the date of purchase.
   10. Voucher means a voucher that can be used as payment for an experience provided by a supplier.
   11. Website means the Chuffed website located at chuffedgifts.co.nz.
   12. Ticket means a document provided inside the gift with a unique ticket code that can be used to produce a voucher
   13. Redemption Portal mean a section of the website where all experience information is displayed and the customer is able to redeem their ticket code for a voucher
2. Chuffed Process
   1.  Chuffed operates a website through which customers can purchase a gift containing that details Experiences from third party Suppliers.
   2. Customers then choose one Experience from the Redemption Portal and Chuffed issues a Voucher for the chosen Experience.
   3. Vouchers are then presented to third party Suppliers by the Customer in exchange for the Experience.
   4. All Experiences are provided by third party Suppliers and not by Chuffed.
   5. A Customer’s chosen Experience must be completed within the Validity Period.
   6. You acknowledge that Chuffed acts as an independent contractor and not an agent.
   7. By using our Website and services, you agree to be bound by any applicable terms and conditions of Suppliers.
3. Creating an Account and Making a Purchase

1. When you create an account or make a Purchase as a guest, we may require personal information such as your name, email address, delivery address and telephone number. You must ensure that this information is accurate and current.
2. If you register and activate an account you are responsible for keeping your username and password secure. You are also responsible for all use and activity carried out under your username.
3. To create an account or make a Purchase, you must: a) be at least 18 years of age; b) possess the legal right and ability to enter into a legally binding agreement with us; and c) agree and warrant to use the Website in accordance with these Terms.
4. Experience Gifts
   1. The price of a gift is displayed at the time of Purchase. Chuffed reserves the right to change the price of a gift at any time without notice.  All prices are in New Zealand dollars and are inclusive of Goods and Services Tax (GST). 4.2 All descriptions, images and other details about Experiences contained in the Experiences Booklet and the Experience Portal are supplied by the Supplier. Chuffed takes all reasonable precautions to ensure that the information contained in the Experiences Booklet and online redemption portal is correct and up to date, however, we neither verify nor take any responsibility for the accuracy of the Experiences Booklet or redemption portal
   2. Some Experiences have certain requirements or restrictions determined by the Supplier, as detailed in the Experiences Booklet and the Redemption Portal. Customers are responsible for ensuring that they meet such requirements or restrictions.  Chuffed will not be held liable for any issue related to Suppliers’ requirements or restrictions.
   3. Chuffed Gifts reserves the right at anytime during the gift validity period, to alter, change or delete any experience from the redemption portal, at anytime, without notice.
5. Deliveries
   1. All gifts are delivered by courier or by email
   2. It is the Customer’s responsibility to provide Chuffed with the correct delivery address.
   3. Chuffed accepts no responsibility for any damage, loss or delay caused by the courier company or incorrect or incomplete delivery details.
   4. If for any reason the gift does not arrive, please contact us immediately and we can arrange for a replacement Box to be sent. A redelivery charge may apply, at our discretion. 
   5. All courier services are provided by CourierPost. 
   6. Chuffed accepts no responsibility for delays by CourierPost
6. Vouchers
   1. By redeeming a Voucher, a Customer agrees to be bound by these Terms and any terms and conditions of the relevant Supplier. The Customer is responsible for making sure they are aware of the Supplier’s terms and conditions and that they also comply with the Supplier’s terms and conditions.
   2. If the Customer requires any further information in relation to an Experience, then they must contact the relevant Supplier directly.
7. Bookings
   1. Bookings for Experiences are subject to the Supplier’s availability.
   2. Instructions for how to make a Booking will be detailed on the Voucher.
   3. A Customer will be treated in the same manner as the Supplier’s other customers. A Customer acknowledges that there may be a waiting list or other delays.
   4. Once a Booking Date is confirmed with a Supplier it is not possible to change this date unless the Supplier agrees.
   5. Some Experiences are dependent on weather conditions and therefore we recommend that the Customer checks the weather forecast for the Booking Date. Chuffed will not reimburse any costs (travel, accommodation or other expenses incurred by you, the Supplier or any other person) in the event of a cancellation due to inclement weather.
8. Exchanges or Upgrades
   1. A Customer may exchange or upgrade a gift at any time during the Validity Period provided the Customer has not redeemed a Voucher from Chuffed via the Website.
   2. If a Customer requests that a Box be upgraded or exchanged for a Box with a higher value, the Customer must pay the difference in value. No refunds will be provided if a Customer exchanges a gift to one of lower value.
   3. The Validity Period provided in an exchange or upgrade will be the same as the original Validity Period, as specified in the original gift.
   4. A Customer can only request one exchange or upgrade.
9. Refunds and Cancellations and Expiry Dates
   1. Boxes, Experiences Booklets and Vouchers are not redeemable for cash and are strictly non-refundable.
   2. If a Customer wishes to cancel their Booking, a Customer must request a cancellation from the Supplier directly. Customers are bound by the relevant Supplier’s cancellation policy.  Cancellation of a Booking may result in a Customer forfeiting their Voucher or being held liable for any applicable charges.
   3. Chuffed will not be liable for any costs (travel, accommodation or other expenses incurred by the Customer, the Supplier or any other person) in the event of a cancellation.
   4. At the end of the validity period displayed on each individual gift, gifts become invalid. Chuffed Gifts is under no obligation to extend or honour gifts that are no longer valid.
10. Lost Experiences Booklet and Vouchers
    1. Chuffed takes no responsibility if a Customer loses their Experiences Booklet or ticket details. It is the Customer’s responsibility to ensure that the gift details are kept safe.
    2. Chuffed may, at its discretion, offer a replacement Experiences Booklets or tickets. The Customer must provide all necessary information if a replacement is requested.
11. Website
    1. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
    2. We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with the use of this Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
    3. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated.  We will not be liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
12. Intellectual property rights
    1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (“Content”).
    2. Your use of this Website or the Content, does not grant or transfer any rights, title or interest to you in relation to this Website or Content. However, we do grant you a licence to access the Website and to view the Content in accordance with the Terms and where applicable, as expressly authorised by us and/or our third party licensors.
    3. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
13. Warranties and disclaimers
    1. Suppliers are required to maintain appropriate public liability insurance for all risks associated with their business and service provisions. While Chuffed makes all reasonable efforts to ensure that Experiences are safe and that Suppliers are professional, we do not provide any guarantees or warranties in this regard.  Chuffed encourages Customers to make their own enquiries.  The Customer should contact the Supplier directly if they have any questions in this regard.
    2. Chuffed does not make no warranty or representation about any Suppliers business or services whatsoever.
    3. To the maximum extent permitted by law, Chuffed makes no warranties or representations about this Website or its Content, including but not limited to warranties or representations that it is complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
    4. Chuffed reserves the right to restrict, suspend or terminate, at any time and without notice, your access to this Website or any Content, or restrict you from making a Purchase and Chuffed not be responsible for any loss, cost, damage or liability that may arise as a result.
    5. Under New Zealand consumer law you may have certain rights which cannot be excluded. Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
14. Liability
    1. You understand that all Experiences are supplied by third party Suppliers and that Chuffed has no liability for any act, omission or default, whether negligent or otherwise in relation to a product or service supplied by a Supplier.
    2. Chuffed has no liability for any loss or damage occasioned by any negligent act or omission of any Supplier or any third party.
    3. Where Chuffed’s liability cannot be excluded by law, such liability is limited to the amount paid by the Customer to Chuffed.
    4. You will indemnify Chuffed and our directors, officers, employees and agents against any loss or liability arising from any claim against you or against us where such loss or liability arises in respect of your conduct or your breach of these Terms.
    5. To the maximum extent permitted by law, Chuffed will not be liable for any direct and indirect loss, damage or expense which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of the Website, or the supply of Tubes or Experiences, loss or damage arising from any breach of our Website security including digital fraud or hacking and/or the fact that certain information or materials contained on the Website are incorrect, incomplete or not up-to-date.
15. Jurisdiction and governing law

1. Your use of the Website and these Terms are governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the courts of New Zealand.  If any part of these Terms is found to be invalid or unenforceable, it shall be severed without affecting the remainder.