​Website: www.coolabee.co.nz
Operator: Coolabee New Zealand
Last updated: [June 2024]

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These Terms and Conditions apply to your access to and use of www.coolabee.co.nz, and to any purchase, order, account, promotion, gift card, wholesale arrangement, direct-to-consumer fulfilment arrangement, digital resource, or other service provided by Coolabee New Zealand.

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In these Terms, “Coolabee”, “we”, “us”, or “our” means Coolabee New Zealand. “You” or “your” means any person, customer, business, organisation, school, library, reseller, retailer, or other entity accessing our website, creating an account, placing an order, purchasing goods, using our services, or dealing with us in any way.

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By accessing our website, creating an account, placing an order, accepting a quote, purchasing goods, using a gift card, accessing digital resources, or otherwise dealing with us, you agree to be bound by these Terms.

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If you do not agree with these Terms, you must stop accessing and using our website.

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1. Structure of These Terms

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These Terms include:

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1. General Website Terms

2. Website Information Is Not an Offer of Sale

3. Order Acceptance

4. Pricing, Listing and Typographical Errors

5. Prices

6. Stock Availability

7. Product Information, Images and Publisher Data

8. Product Variations

9. Page Count, Book Sets and Printed Media Notice

10. Product Suitability

11. Payment

12. Manual Payment and Bank Transfer Orders

13. Delivery

14. Delivery Issues and Missing Parcels

15. Risk and Title

16. Returns, Refunds and Change of Mind

17. Faulty, Damaged or Incorrect Items

18. Consumer Guarantees

19. Business Purchases and Contracting Out

20. Limitation of Liability

21. Website Use Disclaimer

22. Third-Party Websites and Platforms

23. Customer Accounts

24. Customer Conduct

25. Refusal of Service, Order Limits and Account Suspension

26. Intellectual Property

27. Multimedia and Digital Resource Terms

28. Gift Card Terms

29. Promotions, Discounts and Rewards

30. Bulk Orders and Wholesale Terms

31. Wholesale Resale Conditions

32. Direct-to-Consumer Fulfilment Services

33. Marketplace and Third-Party Platform Sales

34. Reviews, Feedback and User Content

35. Privacy

36. Security and Fraud Prevention

37. Force Majeure

38. Indemnity

39. Termination

40. Governing Law and Jurisdiction

41. Severability

42. No Waiver

43. Entire Agreement

44. Contact

 

 

2. General Website Terms

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Our website is owned, operated, and administered by Coolabee New Zealand.

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Our website is operated from New Zealand. The information on our website is intended primarily for customers located in New Zealand. If you access our website from outside New Zealand, you do so at your own initiative and are responsible for complying with any applicable laws in your jurisdiction.

We may, at any time and without prior notice:

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1. update, change, suspend, remove, or discontinue any part of the website;

2. update, correct, remove, or change any product information, price, image, promotion, offer, stock status, or listing;

3. refuse, limit, cancel, suspend, or decline any order to the maximum extent permitted by law;

4. restrict or terminate access to the website;

5. refuse service to anyone where we reasonably consider it necessary; and

6. amend these Terms.

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You should review these Terms each time you use our website to ensure you are aware of the current version.

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The version of these Terms published on our website at the time you use the website or place an order will apply, unless otherwise required by law.

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3. Website Information Is Not an Offer of Sale

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Product information, images, prices, promotions, stock status, descriptions, specifications, and other content displayed on our website are provided as an invitation for you to submit an order. They do not constitute a binding offer by us to sell goods.

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When you place an order, you are making an offer to purchase the goods in that order. We may accept or decline that offer in accordance with these Terms.

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4. Order Acceptance

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Your receipt of an order confirmation, payment confirmation, automated email, invoice, receipt, or other electronic message does not mean that we have accepted your order, and does not constitute confirmation of our agreement to supply the goods.

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An order is accepted by us only when we dispatch the goods, or when we otherwise expressly confirm in writing that the order has been accepted.

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We reserve the right, to the maximum extent permitted by law, to accept, reject, cancel, limit, or amend any order at any time before dispatch, including where:

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1. a product is unavailable or out of stock;

2. the product, price, image, description, title, edition, format, quantity, shipping cost, promotion, discount, or bundle information is incorrect;

3. there has been a typographical, technical, supplier, publisher, platform, system, integration, inventory, or pricing error;

4. the order appears to be unusual, excessive, commercial, automated, fraudulent, abusive, or placed for resale;

5. we are unable to verify payment, delivery details, identity, or order information;

6. the order breaches these Terms or any applicable law;

7. fulfilment would expose Coolabee to legal, regulatory, operational, reputational, financial, or supply-chain risk;

8. the product has been discontinued, recalled, restricted, delayed, damaged, lost, or incorrectly supplied to us;

9. the customer has previously breached our terms, misused our services, abused our staff, made false claims, or engaged in conduct we reasonably consider inappropriate; or

10. we reasonably consider cancellation, limitation, or refusal necessary.

If we cancel an order after payment has been taken, we will refund the amount paid for the cancelled item or order, subject to any lawful deductions or adjustments.

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5. Pricing, Listing and Typographical Errors

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We make reasonable efforts to ensure that prices, product listings, product details, shipping charges, promotions, discounts, and stock information are accurate. However, errors may occur.

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If a product is listed at an incorrect price, or if any listing contains incorrect information due to typographical error, supplier error, publisher data error, technical error, system error, platform integration error, human error, inventory error, currency error, tax error, or any other error, we reserve the right to:

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1. correct the error;

2. refuse or cancel any affected order;

3. limit the quantity supplied;

4. contact you to confirm whether you wish to proceed at the correct price or with the corrected information; or

5. refund any amount paid for the affected item.

We may exercise these rights whether or not:

1. the order has been submitted;

2. an order confirmation has been sent;

3. payment has been authorised or charged;

4. the item was shown as “in stock”;

5. the incorrect price appeared on our website, marketplace listing, advertisement, email, social media post, third-party platform, or other sales channel.

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Where we cancel an order because of an error and payment has been taken, we will refund the amount paid for the cancelled item.

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Nothing in this clause limits any rights you may have under New Zealand law.

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6. Prices

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Unless stated otherwise, prices are shown in New Zealand dollars and include GST.

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Prices do not include delivery, handling, rural delivery, oversized item charges, signature upgrade charges, payment processing charges, customs duties, import fees, or other additional charges unless expressly stated.

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We may change prices at any time without notice.

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Price changes do not apply retrospectively to orders already accepted by us, unless the original price was affected by an error.

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7. Stock Availability

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All products are subject to availability.

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We endeavour to keep stock information accurate, but stock levels may not update in real time. A product displayed as “in stock” may become unavailable before your order is processed or dispatched.

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We are not liable to you for any loss, cost, inconvenience, missed opportunity, or other consequence arising from stock unavailability, except to the extent required by law.

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If part of an order is unavailable, we may:

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1. cancel the unavailable item and refund it;

2. supply the available items;

3. offer an alternative product;

4. delay dispatch while awaiting restock; or

5. cancel the full order.

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8. Product Information, Images and Publisher Data

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Coolabee sells books, box sets, printed media, toys, gifts, and related products. We rely on information provided by publishers, suppliers, manufacturers, distributors, and other third parties.

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Product descriptions, images, titles, specifications, dimensions, weight, page count, format, edition, binding, cover design, slipcase design, ISBN, publication details, included items, accessories, and other product information are provided in good faith, but may contain variations or errors.

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Product images are for illustration only. Actual products may differ from images shown online.

The equipment, device, screen, browser, lighting, and display settings you use may affect the appearance of product images, colours, textures, finishes, and details.

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We reserve the right to change, correct, update, or remove any aspect of product information at any time without notice.

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If a specific edition, format, cover, ISBN, slipcase, box design, print run, size, page count, or other feature is important to you, you must contact us before purchasing.

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9. Product Variations

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You acknowledge that variations may occur due to:

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1. publisher updates;

2. new print runs;

3. different editions;

4. cover redesigns;

5. slipcase or packaging changes;

6. batch variations;

7. supplier substitutions;

8. manufacturer changes;

9. changes in ISBN, barcode, or product coding;

10. changes in dimensions, weight, colour, texture, finish, materials, or layout;

11. differences between online display settings and physical product appearance;

12. differences between promotional images and actual stock received.

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These variations do not automatically mean the product is defective, incorrectly supplied, or misrepresented, provided the product is substantially the same product ordered and remains fit for its ordinary purpose.

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10. Page Count, Book Sets and Printed Media Notice

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For books, box sets, collections, activity books, printed media, and bundled products, publisher-supplied information may differ from the physical item received.

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Publishers may calculate page count differently. Some include blank pages, unnumbered pages, title pages, contents pages, inserts, section dividers, endpapers, activity sheets, or other internal pages. Others count only visible numbered pages.

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Accordingly, the publisher’s stated page count may differ from the visible page numbers in the physical book.

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For box sets, collections, bundles, and multi-item products:

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1. total page count, total weight, total dimensions, and total quantity may be approximate;

2. box or slipcase design may vary;

3. individual books may have different print runs or minor design differences;

4. packaging may change without notice;

5. supplier-provided set information may not perfectly match every individual component;

6. listed specifications may not be an exact calculation of all individual components.

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These variations are common in the publishing industry and do not automatically constitute a defect, misrepresentation, or supply error by Coolabee.

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11. Product Suitability

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You are responsible for checking whether a product is suitable for your intended purpose before purchasing.

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For children’s books, toys, gifts, learning materials, and activity items, age guidance is provided as general guidance only. Parents, guardians, teachers, caregivers, and purchasers are responsible for assessing suitability, reading level, safety, supervision requirements, and appropriateness for the intended child or user.

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We do not guarantee that any product will meet a particular educational, developmental, reading, gift, school, library, collector, resale, or commercial purpose unless we have expressly confirmed this in writing.

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12. Payment

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We may accept payment by credit card, debit card, Afterpay, Alipay, gift card, bank transfer, or other payment methods listed on our website.

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We may change available payment methods at any time.

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Payment must be received and cleared before dispatch unless we have agreed otherwise in writing.

If payment is declined, reversed, disputed, charged back, delayed, or suspected to be fraudulent, we may suspend, cancel, or refuse the order.

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You must ensure that all payment information is accurate and that you are authorised to use the selected payment method.

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13. Manual Payment and Bank Transfer Orders

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Where bank transfer or manual payment is selected:

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1. your order is not accepted until payment has cleared and the order is confirmed by us;

2. stock is not guaranteed unless we expressly agree in writing to reserve it;

3. we may cancel unpaid orders after the payment deadline stated on the invoice, website, or communication from us;

4. payment reference details must be accurate;

5. delays caused by incorrect references, banking delays, or payment processing are not our responsibility.

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14. Delivery

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We currently deliver to New Zealand addresses unless otherwise stated.

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You must provide complete and accurate delivery information, including recipient name, street address, unit number, apartment number, business name, postcode, phone number, and any relevant delivery instructions.

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We are not responsible for delay, loss, misdelivery, return, extra charges, or failed delivery caused by incorrect, incomplete, unsafe, inaccessible, or unsuitable delivery information provided by you.

Delivery times are estimates only. We are not liable for delay caused by couriers, postal providers, weather events, natural disasters, strikes, system issues, public holidays, customs, incorrect address information, rural delivery delays, or events outside our reasonable control.

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Delivery is deemed completed when the goods are delivered to the address, collection point, parcel locker, post office, courier depot, workplace, reception area, mailroom, safe place, or other delivery location nominated by you or selected in accordance with the delivery option chosen.

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If you authorise “Authority to Leave”, unattended delivery, delivery to a safe place, or delivery without signature, you accept the additional risk associated with that delivery method to the maximum extent permitted by law.

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15. Delivery Issues and Missing Parcels

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You must notify us as soon as possible if your order has not arrived.

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To help us investigate with the carrier, you should notify us within 5 working days of the dispatch confirmation or within any timeframe stated in our Delivery Policy.

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A failure to notify us promptly may limit our ability to investigate, recover, redirect, or claim for the parcel.

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Where tracking shows an item has been delivered, we may require you to:

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1. check around the property;

2. check with household members, neighbours, building managers, reception, mailroom, workplace staff, or property managers;

3. provide a non-receipt declaration;

4. provide identification or other information required by the courier;

5. cooperate with courier investigation procedures.

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Nothing in this clause limits any rights you may have under New Zealand law.

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16. Risk and Title

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Title to goods passes to you when we have received full payment and the goods have been dispatched, unless otherwise required by law.

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Risk in the goods passes to you when delivery is completed in accordance with these Terms, or when the goods are collected by you or on your behalf.

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For business, wholesale, resale, or direct-to-consumer fulfilment orders, risk may pass at dispatch or when goods are handed to the carrier, depending on the agreed arrangement.

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17. Returns, Refunds and Change of Mind

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Returns, refunds, exchanges and cancellations are governed by our Returns Policy, which forms part of these Terms and Conditions.

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Nothing in these Terms or our Returns Policy is intended to exclude, restrict, or modify any rights you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or any other applicable New Zealand law.

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Unless required by law or expressly allowed under our Returns Policy, we are not required to provide a refund, exchange, replacement, store credit, or cancellation where you change your mind, order the wrong item, no longer want the product, find the product cheaper elsewhere, or decide the product is not suitable for your personal preference.

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To request a return, refund, exchange, or remedy, you must follow the process set out in our Returns Policy. We may require proof of purchase, photographs, return authorisation, inspection of the goods, and return of the goods before providing any remedy, except where the law requires otherwise.

 

Returned goods must be handled and returned in accordance with our Returns Policy. We may refuse or reduce any change-of-mind remedy where goods are opened, used, damaged, altered, incomplete, missing packaging, missing included items, or no longer in resaleable condition, except where the law requires otherwise.

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For business, wholesale, bulk, resale, direct-to-consumer fulfilment, special-order, clearance, or final-sale purchases, returns may be restricted or unavailable unless required by law or expressly agreed by us in writing.

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18. Faulty, Damaged or Incorrect Items

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If you believe an item is faulty, damaged, or incorrectly supplied, you must contact us promptly with:

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1. your order number;

2. clear photos of the item, packaging, shipping label, and damage or issue;

3. a description of the issue;

4. any other information we reasonably request.

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You must not dispose of the product or packaging until we have had a reasonable opportunity to assess the issue.

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Where required by law, we will provide an appropriate remedy. Depending on the issue, this may include repair, replacement, refund, partial refund, store credit, or another lawful remedy.

We may refuse a remedy where the issue was caused by:

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1. misuse, mishandling, neglect, accident, or abnormal use;

2. failure to follow instructions;

3. ordinary wear and tear;

4. damage after delivery;

5. customer alteration, marking, writing, repair, or modification;

6. failure to take reasonable care of the product;

7. natural variations that do not amount to a defect;

8. minor packaging imperfections that do not affect the product itself.

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19. Consumer Guarantees

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Nothing in these Terms is intended to exclude, restrict, or modify any non-excludable rights you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or any other applicable New Zealand law.

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Where you purchase goods from us as a consumer for personal, domestic, or household use, consumer guarantees may apply.

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20. Business Purchases and Contracting Out

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If you purchase, order, use, access, or acquire goods or services from us for business, resale, trade, commercial, school, library, institutional, organisational, professional, or wholesale purposes, you agree that you are acquiring the goods or services in trade.

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To the maximum extent permitted by law, where you are acquiring goods or services in trade:

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1. the Consumer Guarantees Act 1993 does not apply;

2. the parties agree to contract out of the Consumer Guarantees Act 1993;

3. sections of the Fair Trading Act 1986 that may lawfully be contracted out of do not apply;

4. the parties agree that it is fair and reasonable to contract out;

5. our liability is limited to the amount actually paid by you for the affected goods or services;

6. we are not liable for indirect, consequential, special, punitive, business, reputational, data, opportunity, profit, revenue, goodwill, or economic loss.

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This clause is intended to apply only where lawful.

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21. Limitation of Liability

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To the maximum extent permitted by law, Coolabee, its directors, officers, employees, contractors, agents, suppliers, service providers, and representatives are not liable for:

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1. indirect, consequential, special, punitive, incidental, or exemplary loss;

2. loss of profit, revenue, business, opportunity, goodwill, savings, data, reputation, or anticipated benefit;

3. delays, courier issues, stock shortages, supplier errors, publisher errors, platform errors, system outages, website downtime, payment failures, or third-party conduct;

4. reliance on product descriptions, images, specifications, publisher data, supplier data, or website content;

5. any loss arising from your misuse of the website, your account, your password, your payment method, your delivery information, or your failure to comply with these Terms.

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To the maximum extent permitted by law, our total liability to you for any claim relating to a product or order is limited to the amount you paid for the affected product.

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This limitation does not limit liability that cannot legally be limited.

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22. Website Use Disclaimer

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Our website is provided on an “as is” and “as available” basis.

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We do not guarantee that:

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1. the website will be uninterrupted, error-free, secure, or available at all times;

2. information on the website will always be complete, current, or accurate;

3. files, links, or website functions will be free from viruses, malware, defects, or harmful components;

4. product availability, pricing, or promotions will always be current;

5. third-party integrations, payment gateways, courier systems, marketplace systems, or supplier feeds will operate without error.

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You use the website at your own risk to the maximum extent permitted by law.

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23. Third-Party Websites and Platforms

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Our website, emails, advertisements, social media pages, listings, or communications may contain links to third-party websites, platforms, payment providers, courier providers, publishers, suppliers, marketplaces, or other services.

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We are not responsible for third-party websites, platforms, terms, content, privacy practices, errors, conduct, delays, products, services, or losses.

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You access third-party websites and services at your own risk.

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24. Customer Accounts

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You may be required to create an account to access certain services.

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You must provide true, accurate, current, and complete information.

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You are responsible for:

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1. keeping your login details secure;

2. all activity under your account;

3. notifying us immediately of unauthorised access;

4. ensuring your delivery, billing, contact, and payment details are correct.

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We may suspend, restrict, or terminate your account if we reasonably believe that:

1. your information is false, inaccurate, outdated, or incomplete;

2. your account has been misused;

3. there is a security risk;

4. you have breached these Terms;

5. continued access may expose us or others to risk.

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25. Customer Conduct

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You must not:

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1. use the website unlawfully or fraudulently;

2. interfere with the website’s operation;

3. scrape, copy, harvest, data mine, crawl, extract, reproduce, or republish website content, product listings, prices, images, descriptions, or data without our written consent;

4. use bots, automated systems, scripts, or other tools to access or purchase from the website;

5. create multiple accounts to misuse promotions, rewards, discounts, stock limits, or purchase restrictions;

6. place orders for resale unless approved by us;

7. abuse, threaten, harass, defame, intimidate, or mistreat our staff, contractors, suppliers, couriers, or representatives;

8. make false claims, chargebacks, delivery disputes, product complaints, or return requests;

9. use our products, content, resources, or services in a way that infringes rights or laws.

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26. Refusal of Service, Order Limits and Account Suspension

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We may refuse service, limit quantities, cancel orders, suspend accounts, restrict access, or block future purchases where we reasonably consider it necessary.

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This may include situations involving:

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1. suspected fraud;

2. pricing errors;

3. stock limitations;

4. excessive quantities;

5. suspected resale;

6. abusive conduct;

7. repeated disputes;

8. chargebacks;

9. false claims;

10. misuse of promotions;

11. breach of these Terms;

12. legal, regulatory, supply-chain, operational, or reputational risk.

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We may limit purchases to non-commercial quantities at our discretion.

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27. Intellectual Property

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All website content, design, text, graphics, logos, icons, images, product descriptions, layouts, software, code, trade marks, branding, product listings, price data, and other materials on the website are owned by us, licensed to us, or used with permission from third parties.

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Book covers, characters, publisher marks, author names, series names, and other publication-related intellectual property remain the property of their respective rights holders.

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You may use the website only for personal, non-commercial browsing and purchasing.

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You must not, without our prior written consent:

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1. copy, reproduce, modify, republish, upload, post, transmit, distribute, scrape, extract, store, sell, resell, frame, mirror, or exploit any website content;

2. use our product listings, images, prices, descriptions, or data to create your own database, catalogue, website, marketplace listing, social media content, or commercial material;

3. remove, alter, or obscure any copyright, trade mark, watermark, attribution, or rights notice;

4. use our brand, trade marks, or content in a way that suggests association, endorsement, or authorisation.

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28. Multimedia and Digital Resource Terms

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Some products may include, refer to, or provide access to multimedia or digital resources, including audio, video, e-books, downloads, online learning materials, QR-code resources, publisher platforms, or other digital content.

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Unless expressly stated otherwise, digital or multimedia resources are provided by the relevant publisher, supplier, platform, or rights holder.

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Access may be subject to separate third-party terms, region restrictions, expiry dates, platform availability, technical requirements, account registration, or changes outside our control.

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Where Coolabee provides access to any digital or multimedia resource, access is granted on a limited, personal, non-exclusive, non-transferable, non-commercial basis.

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You must not:

1. record, copy, reproduce, distribute, sell, share, upload, stream, transfer, publish, modify, or adapt any resource;

2. share login details, access links, QR codes, activation codes, or download links;

3. use resources for commercial, school-wide, institutional, public performance, resale, or redistribution purposes unless expressly authorised;

4. remove copyright notices or rights management controls;

5. create derivative works from any resource.

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We may suspend or terminate access if we reasonably believe these terms have been breached.

We do not guarantee that third-party digital resources will remain available permanently or be compatible with all devices, regions, accounts, systems, or software.

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29. Gift Card Terms

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Coolabee gift cards are issued by Coolabee New Zealand.

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Gift cards:

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1. are redeemable only through authorised Coolabee channels;

2. are not redeemable for cash;

3. cannot be used to purchase other gift cards unless we allow this;

4. cannot be refunded, reloaded, resold, transferred for value, or exchanged for cash;

5. should be treated like cash;

6. may not be replaced if lost, stolen, altered, damaged, destroyed, used without permission, or disclosed to another person;

7. may be used for full or part payment of eligible purchases;

8. expire no earlier than three years from the date of sale, unless a longer period is stated or required by law.

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Any unused balance remaining after expiry will not be refunded or credited, unless required by law.

If a purchase exceeds the available gift card balance, you must pay the difference using another accepted payment method.

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We may refuse, cancel, suspend, or void a gift card where we reasonably suspect fraud, misuse, error, unlawful activity, unauthorised resale, or breach of these Terms.

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30. Promotions, Discounts and Rewards

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Promotions, discount codes, rewards, free gifts, bundles, clearance offers, special offers, and other promotional benefits are subject to availability and any specific terms stated with the promotion.

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Unless stated otherwise:

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1. promotions cannot be exchanged for cash;

2. promotions cannot be combined with other offers;

3. promotions apply only during the stated promotional period;

4. promotions may be changed, suspended, corrected, or withdrawn at any time;

5. promotional items are subject to stock availability;

6. we may correct or cancel promotions affected by pricing, listing, technical, system, platform, supplier, publisher, or human error;

7. we may refuse, cancel, or reverse a promotion where there is misuse, fraud, unusual purchasing activity, breach of these Terms, or other risk to Coolabee;

8. free gifts, bonus items, and promotional inclusions are subject to availability and may be substituted, limited, or withdrawn.

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Coolabee does not offer automatic price matching, price adjustment, price protection, or retrospective refund of price differences unless we expressly agree in writing.

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If a product is reduced in price after you place an order, we are not required to refund the difference, provide a credit, or adjust the order price, unless required by law or expressly agreed by us in writing.

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31. Bulk Orders and Wholesale Terms

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These terms apply to bulk, wholesale, school, library, business, institutional, reseller, and other non-standard orders.

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Unless we agree otherwise in writing:

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1. minimum order quantities may apply;

2. minimum order values may apply;

3. prices are quoted in New Zealand dollars;

4. prices may exclude GST, delivery, handling, and other charges unless stated;

5. payment must be made in full before processing or dispatch;

6. orders are subject to availability;

7. we may limit quantities;

8. lead times are estimates only;

9. special orders, bulk orders, and wholesale orders may not be cancelled once confirmed;

10. returns are not accepted unless required by law or expressly agreed by us in writing;

11. damaged or defective items must be reported within 5 working days of delivery, with photos and supporting evidence;

12. the buyer is responsible for ensuring the goods are suitable for their intended use, resale, distribution, school, library, commercial, or institutional purpose.

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For wholesale or business purchases, you confirm that you are purchasing in trade and agree to the business purchase and contracting-out provisions in these Terms.

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32. Wholesale Resale Conditions

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If you purchase goods for resale, distribution, school supply, library supply, business use, promotional use, or any other commercial purpose, you warrant that:

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1. you will comply with all applicable laws;

2. you will not misrepresent the products;

3. you will not remove, alter, or obscure publisher, supplier, copyright, safety, age, warning, or product information;

4. you will not advertise or resell products in a misleading way;

5. you are responsible for your own customer terms, advertising, listings, refunds, returns, warranties, and consumer law obligations;

6. you will not hold yourself out as an agent, partner, representative, or authorised distributor of Coolabee unless we expressly agree in writing;

7. you will indemnify us for claims arising from your resale, marketing, distribution, representations, or customer dealings.

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33. Direct-to-Consumer Fulfilment Services

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These terms apply where Coolabee provides direct-to-consumer fulfilment, dropship, pay-as-you-sell, white-label fulfilment, or similar services to a retailer, business, reseller, or third-party seller.

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The retailer is responsible for:

1. listing, advertising, and selling products through its own channels;

2. ensuring all listings, prices, descriptions, images, stock representations, delivery promises, refund policies, and customer communications are accurate and lawful;

3. collecting payment from its customers;

4. handling customer service, refunds, returns, complaints, disputes, chargebacks, and consumer law obligations;

5. providing accurate customer names, addresses, contact details, and delivery instructions;

6. ensuring that its use of Coolabee product information does not mislead customers.

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Coolabee will use reasonable efforts to pick, pack, and dispatch eligible orders after receiving valid order information and payment from the retailer.

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Stock availability is not guaranteed. Products may become unavailable after the retailer accepts an order from its customer. Coolabee is not responsible for the retailer’s lost sales, customer claims, platform penalties, advertising losses, reputational harm, or other consequences arising from stock unavailability, delay, listing error, or fulfilment issue.

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Unless agreed otherwise in writing:

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1. all direct-to-consumer fulfilment orders must be placed through the approved portal or method;

2. payment terms must be followed strictly;

3. Coolabee may suspend fulfilment for overdue payments, breach, unusual order activity, suspected misuse, or risk concerns;

4. returns require prior approval;

5. the retailer is responsible for return shipping, customer communication, and any customer-facing remedy unless the issue is caused by Coolabee and we are legally responsible;

6. risk may pass when goods are handed to the carrier;

7. Coolabee’s liability is limited to the amount paid by the retailer for the affected fulfilment order.

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The retailer indemnifies Coolabee against claims, losses, costs, chargebacks, platform penalties, customer complaints, misleading listing claims, delivery disputes, tax issues, and legal expenses arising from the retailer’s sale, listing, advertising, customer terms, or customer relationship.

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34. Marketplace and Third-Party Platform Sales

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Where you purchase from Coolabee through Trade Me, TheMarket, Amazon, eBay, Facebook, social media, or any other third-party platform, additional platform terms may apply.

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If there is any inconsistency between these Terms and mandatory platform rules, the mandatory platform rules may apply to the extent required.

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We are not responsible for third-party platform errors, display issues, notification failures, payment delays, message filtering, system outages, incorrect shipping settings, or other platform-related problems outside our control.

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We may cancel or amend orders affected by third-party platform error to the maximum extent permitted by law.

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35. Reviews, Feedback and User Content

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If you submit reviews, comments, photos, messages, feedback, or other content to us or about us, you must ensure that the content is truthful, fair, lawful, and not misleading, defamatory, abusive, threatening, obscene, infringing, or malicious.

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You grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, edit, display, and respond to content you submit to us, including for customer service, marketing, dispute resolution, legal compliance, and business improvement purposes.

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We may remove, moderate, report, or respond to content where we reasonably consider it false, misleading, abusive, unlawful, irrelevant, or in breach of these Terms.

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36. Privacy

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We collect, use, store, and disclose personal information in accordance with our Privacy Policy and applicable New Zealand privacy laws.

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By using our website or purchasing from us, you agree that we may collect and use your information for purposes including:

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1. processing orders;

2. payment verification;

3. delivery and fulfilment;

4. customer service;

5. fraud prevention;

6. account management;

7. marketing, where permitted;

8. legal compliance;

9. dispute handling;

10. website improvement and analytics.

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A separate Privacy Policy should be published on the website.

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37. Security and Fraud Prevention

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We may use fraud detection, payment verification, identity verification, address checks, order review, account monitoring, and other security measures.

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We may refuse, delay, suspend, or cancel orders where we reasonably suspect fraud, unauthorised payment, identity misuse, chargeback risk, suspicious activity, commercial misuse, or breach of these Terms.

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We may disclose information to payment providers, delivery providers, fraud prevention services, law enforcement, regulators, legal advisers, or other relevant parties where reasonably necessary and lawful.

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38. Force Majeure

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We are not liable for delay or failure to perform where caused by events beyond our reasonable control, including natural disasters, severe weather, fire, flood, pandemic, epidemic, strike, labour shortage, supplier failure, courier disruption, transport delay, customs delay, war, civil unrest, government action, power failure, internet outage, cyber incident, payment gateway failure, platform outage, system error, or other events outside our reasonable control.

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39. Indemnity

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To the maximum extent permitted by law, you agree to indemnify Coolabee, its directors, employees, contractors, agents, suppliers, and representatives against any claim, loss, damage, cost, liability, chargeback, penalty, expense, or legal cost arising from:

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1. your breach of these Terms;

2. your misuse of the website;

3. false, incomplete, or inaccurate information you provide;

4. your breach of law;

5. your infringement of third-party rights;

6. your resale, distribution, or commercial use of products;

7. your customer dealings if you are a business, reseller, retailer, or direct-to-consumer fulfilment partner;

8. your conduct, content, reviews, or communications.

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40. Termination

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We may suspend or terminate your access to the website, account, services, promotions, rewards, gift cards, wholesale access, direct-to-consumer fulfilment access, or other arrangements at any time where we reasonably consider it necessary.

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Termination does not affect rights or obligations that have already arisen, including payment obligations, refund obligations, indemnities, limitation of liability, intellectual property rights, dispute rights, and governing law.

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41. Governing Law and Jurisdiction

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These Terms are governed by the laws of New Zealand.

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You submit to the non-exclusive jurisdiction of the courts and tribunals of New Zealand.

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For business, wholesale, direct-to-consumer fulfilment, or trade arrangements, we may require disputes to be dealt with in New Zealand unless we agree otherwise in writing.

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42. Severability

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If any part of these Terms is found to be invalid, unlawful, or unenforceable, that part will be read down, modified, or severed to the extent necessary, and the remaining terms will continue in full force.

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43. No Waiver

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If we do not enforce a right, delay enforcing a right, or give you extra time, this does not mean we have waived that right.

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Any waiver must be in writing and signed by us.

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44. Entire Agreement

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These Terms, together with any applicable order confirmation, invoice, quote, delivery policy, returns policy, privacy policy, promotion terms, wholesale terms, direct-to-consumer fulfilment agreement, or written agreement between us, form the entire agreement between you and Coolabee for the relevant transaction.

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45. Contact

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For questions about these Terms, orders, returns, delivery, wholesale, direct-to-consumer fulfilment, gift cards, or customer service, please contact:

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Coolabee New Zealand
Website: www.coolabee.co.nz
Email: [customerservice@coolabee.co.nz]
Phone: [+64 09889 3333]

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​Copyright © 2024 All rights reserved.

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