This Online Shopping Agreement is designed for use by businesses operating e-commerce platforms or online stores in New Zealand. It serves as the primary legal framework governing the relationship between online retailers and their customers, ensuring compliance with New Zealand's consumer protection laws, privacy regulations, and e-commerce requirements. The agreement is essential for any business selling products or services online to New Zealand consumers, as it addresses crucial aspects such as order processing, payment terms, delivery conditions, returns policies, and consumer rights. It includes specific provisions required by New Zealand legislation, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, while also incorporating practical terms for modern e-commerce operations.
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1. Parties: Identifies the online retailer and defines who can be a customer under the agreement
2. Background: Explains the context of the agreement and the online retail service being offered
3. Definitions: Defines key terms used throughout the agreement
4. Registration and Account: Process and requirements for creating and maintaining a customer account
5. Ordering Process: Details how orders are placed, confirmed, and processed
6. Prices and Payment: Pricing policies, payment methods, and payment processing
7. Delivery and Shipping: Delivery terms, timeframes, and shipping costs
8. Returns and Refunds: Policy and process for returning items and obtaining refunds
9. Consumer Guarantees: Statutory guarantees and warranties as required by NZ Consumer Law
10. Privacy and Data Protection: How customer data is collected, used, and protected
11. Intellectual Property: Rights related to website content and product information
12. Website Use: Terms governing the use of the online shopping platform
13. Limitation of Liability: Limits on the retailer's liability within legal bounds
14. Termination: Circumstances and process for terminating the agreement
15. General Provisions: Standard contractual terms including governing law and dispute resolution
1. International Shipping: Include when offering shipping outside New Zealand
2. Digital Products: Include when selling digital goods or downloads
3. Marketplace Sellers: Include when platform allows third-party sellers
4. Subscription Services: Include when offering recurring subscription products
5. Gift Cards: Include when offering gift cards or store credits
6. Loyalty Program: Include when operating a customer loyalty or rewards program
7. Age Restricted Products: Include when selling age-restricted items
8. Click and Collect: Include when offering in-store pickup options
1. Schedule 1 - Prohibited Items: List of items that cannot be purchased through the platform
2. Schedule 2 - Shipping Rates: Detailed shipping costs and zones
3. Schedule 3 - Returns Processing: Detailed procedure for processing returns
4. Schedule 4 - Privacy Policy: Detailed privacy and data protection policies
5. Schedule 5 - Website Acceptable Use: Detailed terms of website usage
6. Appendix A - Fees and Charges: Current fee structure and additional charges
7. Appendix B - Delivery Zones: Map and list of delivery zones and estimated times
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