Terms & Conditions
Acceptance of termsThese terms and conditions govern all supply of goods and services ("products") by Switch Your Spend Limited ("Switch Your Spend", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.switchyourspend.co.nz ("the website"). They are effective from 13th March 2020 and will replace all earlier Switch Your Spend Limited terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
What we giveFor every product you purchase through Switch Your Spend (either on our website or in person such as but not limited to when we are present at events), we will give exactly 15% of the price of the product excluding shipping costs to you, to your selected good cause.
If your selected good cause is not GST registered, we will deduct a GST component from what we give. This is 15% of the amount we are giving, which is 2.25% of the total sale excluding shipping costs to you. This will result in a give amount of 12.75% of the total sale excluding shipping costs to you.
We reserve the right to alter our give rate at any time.
When we giveWe endeavor to make payments to your selected good cause as soon as practically possible. Our company policy for doing so is that payments to good causes are made the month following when an order supporting them was placed, provided they have given us the required information to do so.
If a good cause fails to respond to our efforts to obtain this information before our next pay run, payment will not be made to that cause in that month.
Any monies owed to the good cause will be paid in full on the payment run immediately following the receipt of the information we require from the good cause.
Your Good Cause selectionWhen you use our website to make a purchase, it is your responsibility to select the Good Cause you wish to support with your purchase when you are prompted at the checkout.
If you do not select a Good Cause when you place your order, we are under no obligation to contact you to determine the Good Cause you wish to support and it will solely be at our discretion whether we choose to do so. If you do not select a Good Cause, our team may select one on your behalf in lieu of contacting you.
When your order is submitted, our team endevour to check the eligibility of the Good Cause you have selected in accordance with our give criteria as soon as possible. However this cannot always be done prior to your order being shipped.
If for whatever reason we are not able to re-direct our specified give amount to the good cause you have selected, our team will contact you and you will be given one of the options outlined below.
a) You may select another Good Cause that meets our give criteria.
b) You may ask our team to make the decision for you and we will select a Good Cause that meets our give criteria.
c) If we have not yet shipped your order and neither of the options above are satisfactory to you, you are entitled to cancel your order and you will be issued a refund for the full purchase amount, including shipping.
d) If we have already shipped your order, and neither of the options a) and b) are satisfactory to you, we no longer have the ability to make a change to your order or issue you a refund based on your cause selection. We can however accept the return of your order and issue you a full refund, excluding all shipping costs, should you wish to return the items you purchased due to not being able to support the cause you wanted.
By selecting your good cause, you give us permission to pass on your details to the cause you have selected. We are not responsible for any correspondence you receive from the cause you have elected to support by switching your spend.
Availability and supplyAll orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
If you order an item that we do not have in stock at the time of shipping your order, we will place this item on back order and will send it to you as soon as new stock arrives. You will not be charged shipping for this back order.
If you do not wish to receive the item on back order, you may notify our customer support team and we will issue you a refund for the item.
Delivery and delivery chargesPrices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket based on your location. We reserve the right to alter delivery prices at any time.
We will use all reasonable endeavours to ensure that orders will be dispatched promptly after an order has been placed.
Our shipping and delivery days are Monday - Wednesday and Friday. We do not ship orders on Thursdays.
You can track your order using the tracking link that is sent to you when your order is shipped. If you have any questions regarding the status or location of your order once it has been shipped, please contact the shipping provider directly by following the instructions in the email we send you.
Otherwise, reach out to our customer support team and we'll be happy to assist where we can.
PricingAll prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Credit Card SecurityAll payments are processed via Stripe's secure payments system to ensure high levels of payment security and are subject to Stripe's terms and conditions.
Follow the below link for Stripe's terms and conditions.
Your payments options are displayed on Stripe's payment screen in the checkout.
ReturnsWe do not have to provide a refund or exchange a product if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.
As previously mentioned in these terms and conditions, here are the circumstances in addition to meeting our obligations under the Consumer Gaurantees Act where we will issue you a refund:
a) If an item you ordered has been placed on back order and you do not wish to receive the item at a later date, you may notify our customer support team and we will issue you a refund for the item.
b) If for whatever reason we are not able to re-direct our specified give amount to the good cause you have selected, and you are not satisfied with an alternative Good Cause, you are entitled to cancel your order and you will be issued a refund for the full purchase amount, including shipping.
Liability LimitationWhere you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdictionUnless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
General ConditionsWe reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.switchyourspend.co.nz
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.