Terms and Conditions
Website terms & conditions
These terms and conditions regard the relationship between you and Mighty Kind. By using Our Website or buying from us, you agree to be bound by them.
We are: Mighty Kind Ltd
You are: a visitor to Our Website / our customer
Our relationship with you
This agreement is between the parties and supersedes all previous agreements and understandings between the parties.
If you use Our Website and make an order on behalf of another person, you must have full authority to do so and you accept responsibility for your actions.
We currently only sell within New Zealand.
Acceptance of your order
We will accept your order by e-mail confirmation with details of your purchase. Another email will tell you when we shall despatch your order.
If we do not have all of the Goods in stock, we will send what we have and cancel the remainder of the order
Price and Payment
a. We do not guarantee that Goods advertised on Our Website are available at all times.
b. The Price of your order is as set out on your confirmation email.
c. Prices include goods and services tax (“GST”).
d. The price does not include the delivery charges which will be charged as displayed on a page of Our Website before we ask you to pay.
e. If we owe you money, we will credit your credit or debit card as soon as reasonably practicable.
f. All transactions are billed in New Zealand dollars.
g. Payment will be made at the time of purchase.
Recurring transactions (subscriptions)
Products available on our website can be purchased on either a one-off or recurring (subscription) basis. You may specify the subscription frequency from the predefined options when adding items to your cart. There are no minimum terms or contracts for a subscription. You may cancel or pause your subscription at any time through the "My Account" area on this website, or by emailing us at [email protected]. You may also update your next payment date and the frequency that transactions are made.
Payments for subscriptions are processed through the Worldline (Paymark) payment gateway. We do not store your full credit card details in our database. Worldline provides us tokens which correspond to your provided payment details, and can be used to initiate transactions. Visit Wordline to read their full terms and conditions.
Security of your credit card
We ensure Our Website safe for you to use.
We use one or more online payment service providers who process card payments. They will encrypt your card or bank account details in a secure environment.
Cancellation and refunds
If you have received Goods you ordered, you may return at any time within 7 days of the date you received them. You must tell us that you wish to return them and send the Goods back to us within 7 days.
We will refund your money provided we receive the Goods in a condition in which we can re-sell them at full price, in good unused condition.
Delivery and pick up
Goods are normally delivered within 2-5 business days from the day you pay for the order placed. if delivery cannot be made within this timeframe we will advise you by email or txt that you have provided to us. We are not liable to you for any expense or inconvenience you incur as a result of delayed delivery or non-delivery.
Goods are sent by a courier provider. We will email you when we have despatched your order.
Deliveries will be made by the Carrier to the address stated in your order. If no one is present, they will leave the parcel in a place that is safe to do so.
When your Goods arrive, you should check immediately the condition and quantity. If your Goods have been damaged in transit, you must contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
Liability for subsequent defects
We will replace Goods which fail to comply with the provisions of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 or which show a defect. If you claim that the item is defective, the following conditions apply:
a) You must report the defect to us within 14 days of becoming apparent;
b) You have returned the defective Goods upon request.
If we agree that we are liable, we will refund the cost of return shipping and replace the Goods free of charge.
If we replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
All conditions and terms implied by laws of other countries except New Zealand are excluded from this agreement to the extent permitted by law.
Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
Your account with us
If you use Our Website, you are responsible for the confidentiality of your account and password.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
Posting Restrictions to Our Website
You agree that you will not post to our Website content which is or may:
a. be malicious or defamatory
b. be illegal, obscene, offensive, threatening or violent
c. be sexually explicit
d. be likely to deceive any person or be used to impersonate any person
e. solicit passwords or personal information from anyone
f. be used to sell any goods or services or for any other commercial use
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content (text, graphics, logos, icons, images and audio visuals).
You may not copy, modify, publish, sell, reproduce, distribute or in any way exploit any of the Content, in whole or in part.