Terms of Service (New Zealand)

Overview

Welcome to EcoHeaven ("we", "us", "our"). Tusa Limited operates this website and online store, including all content, tools, products and services available through it (together, the "Services").

These Terms of Service ("Terms") set out the rules for using our Services and form a legally binding agreement between you and Tusa Limited. Our store is hosted on Shopify, which provides the platform that allows us to offer our Services.

By accessing or using our Services, you confirm that you have read, understood and agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

1. Access and Accounts

You agree to provide accurate and up-to-date information when creating an account or placing an order, and to keep your login details secure. You are responsible for all activity under your account.

2. Products

We aim to display our products as accurately as possible, but colours and finishes may appear differently depending on your device.

Product descriptions, prices and availability may change at any time without notice. 

3. Orders

Placing an order is an offer to purchase. An order is only accepted once we confirm it and receive full payment.

We reserve the right to cancel or refuse any order, including in cases of limited stock.

All purchases are subject to our Refund Policy.

4. Pricing and Payment

All prices are in New Zealand Dollars (NZD) and include GST unless stated otherwise. Shipping costs are calculated at checkout.

You must provide valid and current payment and billing details. If payment is declined, your order may be cancelled.

5. Shipping and Delivery

Delivery timeframes are estimates only. Once your order is handed to the courier, responsibility for the goods transfers to you.

6. Consumer Rights and Refunds

Nothing in these Terms limits your rights under New Zealand law.

If a product is faulty, not of acceptable quality, or does not match its description, you are entitled to a remedy under the CGA.

7. Intellectual Property

All content, including logos, trademarks and materials on our Services, belongs to or is licensed to Tusa Limited and is protected by law.

8. Third-Party Links and Tools

Our Services may include links to third-party websites or tools. We do not control or take responsibility for their content or practices.

You use third-party services at your own risk.

9. Shopify Platform

Our store is powered by Shopify Inc., which provides the e-commerce platform. However, all transactions are between you and Tusa Limited, not Shopify.

10. Privacy

We collect and use personal information in accordance with the New Zealand Privacy Act 2020 and our Privacy Policy.

Shopify may also process your data under its own Privacy Policy. By using our Services, you agree to this.

11. Feedback

Any feedback or suggestions you provide may be used by us without compensation.

You confirm that your feedback does not violate any laws or third-party rights.

12. Errors

There may occasionally be errors in product descriptions, pricing or availability.

We reserve the right to correct any errors at any time, including after an order has been placed.

13. Acceptable Use

You agree to use our Services only for lawful purposes. You must not:

• Engage in illegal or fraudulent activity;
• Upload harmful code or disrupt the website;
• Provide false information;
• Infringe on others’ rights.

14. Termination

We may suspend or end your access to the Services at any time if you breach these Terms.

Certain provisions, including intellectual property and liability terms, will continue after termination.

15. Disclaimer

Except as required under New Zealand law, our Services and products are provided "as is" without any guarantees or warranties.

16. Limitation of Liability

To the extent allowed by law, Tusa Limited and its representatives are not liable for indirect or consequential losses arising from your use of the Services.

Nothing in these Terms limits your rights under New Zealand consumer law or liability for serious matters such as personal injury or fraud.

17. Indemnity

You agree to compensate Tusa Limited for any loss or damage resulting from your breach of these Terms or applicable laws.

18. Severability

If any part of these Terms is found to be invalid, the rest will remain in effect.

19. Entire Agreement

These Terms, along with our policies, form the full agreement between you and Tusa.

If we do not enforce a right, it does not mean we waive it.

20. Assignment

You may not transfer your rights under these Terms without our consent. We may transfer our rights without notice.

21. Governing Law

These Terms are governed by the laws of New Zealand, and any disputes will be handled by New Zealand courts.

22. Changes to Terms

We may update these Terms at any time by posting a revised version on our website. Continued use of the Services means you accept the updated Terms.

23. Contact

If you have questions about these Terms, please contact us at support@ecoheaven.co.nz