Terms of service

Last updated: 9 September 2026

Welcome to Kiwi Treats.

The terms "we", "us" and "our" refer to Kiwi Treats. Kiwi Treats operates this online store and website, including related information, content, features, tools, products and services, to provide customers around the world with access to New Zealand chocolate, confectionery, snacks, grocery products and other Kiwi favourites (the "Services").

Kiwi Treats is powered by Shopify, which provides the ecommerce technology used to operate our store.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when accessing or using kiwitreats.com.

These Terms apply to customers accessing or purchasing through kiwitreats.com, including customers in the United States, Canada, United Kingdom and Australia, together with other destinations we may support from time to time.

Please read these Terms carefully. They contain important information about your legal rights and responsibilities, including provisions relating to purchases, delivery, consumer rights, warranties and liability.

By accessing, browsing, interacting with or using our Services, including making a purchase, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you should not use the Services.

Nothing in these Terms excludes, restricts or modifies any consumer right, guarantee or remedy that cannot lawfully be excluded.

1. Eligibility and account access

By using the Services, you represent that you are at least the age of majority in your state, province, territory or country of residence, or otherwise have legal capacity to enter into a binding agreement.

To place an order, you may be required to provide information including:

Your name
Email address
Billing address
Shipping address
Telephone number
Payment information

You represent that all information you provide is accurate, current and complete.

If you create a customer account, you are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account.

You must notify us promptly if you believe your account has been accessed without authorisation.

2. Our products

Kiwi Treats sells packaged food, confectionery, chocolate, snacks, grocery products and other New Zealand products sourced for international customers.

We make reasonable efforts to accurately display and describe products available through the Services.

However, manufacturers may update:

Packaging
Branding
Ingredients
Product designs
Product weights or sizes
Nutritional information
Recipes
Promotional packaging

As a result, the product received may occasionally differ slightly in appearance from images shown on our website.

Where a manufacturer makes a material change to a product, we will make reasonable efforts to update our listings.

Product images are intended to provide a reasonable representation of the item but may not always reproduce colours, scale or packaging exactly.

3. Third-party brands

Kiwi Treats resells products manufactured by third-party brands.

Brand names, logos, product packaging and trademarks displayed on our website may belong to their respective owners.

Unless expressly stated otherwise, Kiwi Treats is an independent retailer and is not necessarily affiliated with, endorsed by, sponsored by or officially connected with the manufacturers whose products we sell.

For example, references to brands such as Whittaker's are used to identify genuine products offered for resale.

All third-party trademarks remain the property of their respective owners.

4. Ingredients, allergens and dietary information

Food manufacturers may change ingredients, formulations or manufacturing practices from time to time.

While we make reasonable efforts to provide accurate ingredient, nutritional and allergen information, the packaging supplied with the physical product should be treated as the most current source of product information.

If you have:

Food allergies
Intolerances
Dietary restrictions
Medical dietary requirements

you should carefully review the product packaging before consuming the product.

Products may contain, or be manufactured in facilities handling, allergens including nuts, peanuts, milk, soy, wheat, gluten, eggs or other allergens.

Kiwi Treats does not manufacture the food products we resell and cannot guarantee that any product is free from a particular allergen unless expressly confirmed by the manufacturer.

If you are unsure whether a product is suitable for you, do not consume it until you have confirmed the relevant information.

5. Best-before and expiry information

Many packaged food products sold by Kiwi Treats use a best-before date rather than a use-by date.

We aim to supply products with a reasonable remaining shelf life appropriate to the type of product.

Shelf life may vary depending on:

The product
Production dates
Manufacturer supply cycles
Seasonal availability
Inventory turnover

A best-before date generally relates to product quality rather than necessarily indicating that a product becomes unsafe immediately after that date.

If you believe you have received a product that is expired, materially out of date or has an unreasonable remaining shelf life, contact us in accordance with our Returns & Refunds Policy.

6. Heat-sensitive products

Chocolate and some confectionery products can be sensitive to heat.

We take reasonable care when preparing orders for international shipment, but we do not control temperatures throughout aircraft, customs facilities, courier depots, delivery vehicles or other parts of the international transport network.

Some softening, blooming, cosmetic changes or melting may occur during periods of high temperature.

Where a product arrives materially damaged or unusable, contact us in accordance with our Returns & Refunds Policy.

Nothing in this section limits rights that cannot lawfully be excluded.

7. Product availability

All products are subject to availability.

We may:

Add or remove products
Limit quantities
Temporarily mark products unavailable
Discontinue products
Restrict products by destination
Introduce new products or variations

Stock levels may change quickly.

Adding a product to your cart does not reserve that product unless and until your order has been accepted.

8. Orders

When you submit an order, you are making an offer to purchase the products listed in your order.

Receiving an automated order confirmation does not necessarily mean we have finally accepted your order.

We may reject, modify or cancel an order where reasonably necessary, including where:

A product is unavailable
There is an obvious pricing error
Product information is materially incorrect
Payment cannot be processed
We reasonably suspect fraud or unauthorised activity
The order breaches these Terms
We cannot ship to the supplied address
A product cannot legally or operationally be shipped to the destination
Customs or import restrictions prevent fulfilment

If we cancel an order after payment has been received, we will provide an appropriate refund.

Please review your order carefully before completing checkout.

If you wish to cancel or modify an order, contact hello@kiwitreats.com as soon as possible.

We will make reasonable efforts to accommodate your request, but cannot guarantee changes once the order has entered fulfilment.

Orders are also subject to our Returns & Refunds Policy.

9. Personal use and resale

Unless expressly agreed otherwise, products purchased through our consumer website are intended for personal, household or gifting purposes.

You may not purchase products through the Services for unauthorised commercial resale, redistribution or wholesale purposes where this would breach applicable law, manufacturer restrictions or these Terms.

We may limit or cancel unusually large quantities or orders that reasonably appear to be intended for unauthorised resale.

10. Prices and currencies

Prices may vary depending on:

Your location
Shopify Market
Currency
Exchange rates
Promotions
Taxes
Market-specific pricing

Prices, discounts and promotions may change without notice.

The price applicable to your purchase will generally be the price displayed at checkout when your order is submitted, subject to correction of obvious errors and applicable law.

Prices may be shown in currencies including:

depending on your location and the markets available through our store.

Unless otherwise stated, displayed product prices may not include:

Shipping
Customs duties
Import taxes
Tariffs
Brokerage charges
Carrier fees
Other destination-country charges

Charges collected by Kiwi Treats will generally be displayed during checkout.

11. Discounts and promotions

Kiwi Treats may offer:

Discount codes
Sale pricing
Bundles
Multi-buy offers
Promotional shipping
Free gifts
Limited-time promotions

Promotions may be subject to separate terms displayed with the offer.

Unless otherwise stated:

Promotions cannot necessarily be combined
Discount codes may have expiry dates
Minimum order values may apply
Certain products may be excluded
Promotional availability may be limited

We may cancel or correct a promotion where there is an obvious technical, pricing or publication error, subject to applicable law.

12. Payment

You agree to provide accurate and complete billing and payment information.

By submitting a payment method, you represent that:

You are authorised to use the payment method.
The payment information provided is accurate.
You authorise the relevant payment provider to process the applicable charges.
You agree to pay the total amount disclosed at checkout.

Payments may be processed by:

Shopify Payments
Credit or debit card networks
Digital wallets
Buy-now-pay-later providers
Other third-party payment services

These payment providers may also have their own terms and privacy policies.

13. Shipping and delivery

Kiwi Treats packs and dispatches orders from New Zealand.

We currently ship internationally to supported destinations, which may include:

United States
Canada
United Kingdom
Australia

Additional destinations may be added or removed from time to time.

Delivery estimates are estimates only unless expressly stated otherwise.

Delivery may be affected by:

Carrier delays
Customs processing
Border inspections
Weather
Public holidays
Peak shipping periods
Remote locations
Labour disruption
International network interruptions
Incorrect delivery details
Other circumstances outside our reasonable control

Please review our Shipping Policy for further information.

14. Customs and food import restrictions

International shipments may be subject to:

Customs inspections
Food import rules
Agricultural controls
Product restrictions
Import permits
Duties
Taxes
Tariffs
Brokerage charges
Carrier fees

Different countries have different rules regarding the import of food and packaged grocery products.

Certain products may be restricted or prohibited in particular destinations.

We may prevent particular products from being purchased in destinations where we know restrictions apply.

However, customers are also responsible for ensuring the products they purchase can legally be imported into their destination.

Where permitted by law, Kiwi Treats is not responsible for losses arising solely because a product is prohibited or restricted by the destination country's import rules where those restrictions were not reasonably known to us.

15. Customs duties and import charges

Unless we expressly state that duties and taxes are included, you may be responsible for import duties, VAT, GST, tariffs, customs charges or carrier fees imposed by your destination country.

Kiwi Treats does not control charges imposed by customs agencies, governments or carriers.

If a shipment is refused, abandoned or returned because customs charges were not paid, any refund will be dealt with under our Returns & Refunds Policy and applicable law.

Where legally permitted, unrecoverable costs may be deducted from a refund.

16. Delivery addresses

You are responsible for providing a complete and accurate delivery address.

This may include:

Recipient name
Street address
Apartment or unit number
City
State, province or region
Postal or ZIP code
Country
Telephone number

If you discover an error after ordering, contact hello@kiwitreats.com immediately.

We cannot guarantee address changes once fulfilment has started or the parcel has been dispatched.

17. Returns and refunds

Because Kiwi Treats sells consumable food products, change-of-mind returns are generally not accepted.

Faulty, damaged, incorrect, missing or otherwise eligible products will be handled according to our Returns & Refunds Policy and applicable consumer law.

Please review that policy before making a purchase.

18. Intellectual property

The Kiwi Treats Services and proprietary content may include:

Kiwi Treats branding
Kiwi Treats logos
Website design
Original text
Graphics
Photography created by or for us
Videos
Illustrations
Layouts
Advertising creative
Software
Original promotional content

Such material may be owned by or licensed to Kiwi Treats and protected by applicable copyright, trademark and intellectual property laws.

You may use the Services for lawful personal and non-commercial purposes.

Unless permitted by law or authorised by us, you may not reproduce, copy, distribute, republish, modify or commercially exploit our proprietary material without permission.

As noted above, trademarks and content belonging to third-party manufacturers remain the property of their respective owners.

19. Optional tools and integrations

We may provide access to third-party applications, tools or integrations through our website.

We do not necessarily control these services.

Third-party services may be subject to their own terms and privacy policies.

Your use of optional third-party tools is at your discretion.

20. Third-party links

Our Services may contain links to third-party websites, platforms or resources.

Kiwi Treats does not necessarily control, endorse or monitor those third parties.

We are not responsible for the content, privacy practices, security or independent conduct of third-party websites except where applicable law provides otherwise.

21. Shopify

Kiwi Treats is powered by Shopify.

Shopify provides ecommerce infrastructure and technology used to operate our store.

Unless expressly stated otherwise, products purchased through kiwitreats.com are sold by Kiwi Treats and not by Shopify.

Shopify is not the manufacturer or seller of the food products offered by Kiwi Treats.

22. Privacy

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because Shopify powers our store, Shopify and other service providers may also process personal information relating to your use of the Services.

Please review our Privacy Policy for further details.

23. Reviews, photographs and user content

If you submit reviews, photographs, videos, comments, suggestions or other content to Kiwi Treats, you grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, adapt, publish, distribute and display that content for purposes including:

Operating the Services
Promoting Kiwi Treats
Advertising products
Improving our website
Sharing customer feedback

This licence applies only to the extent permitted by law.

You represent that:

You own or have permission to submit the content
It does not infringe another person's rights
It is not fraudulent or deliberately misleading
Any required disclosure of incentives or compensation has been made
It does not contain unlawful or malicious material

We may remove or refuse content that reasonably appears to breach these Terms.

24. Errors and inaccuracies

Information on our website may occasionally contain errors or omissions relating to:

Pricing
Product descriptions
Ingredients
Nutritional information
Product images
Availability
Shipping
Promotions
Discounts
Delivery estimates

We may correct errors and update information at any time.

Where an obvious error materially affects an order already placed, we may contact you, correct the order or cancel it and provide an appropriate refund.

Nothing in this section limits mandatory consumer rights.

25. Prohibited uses

You must not use the Services:

For unlawful or fraudulent purposes.
To violate applicable laws.
To infringe intellectual property rights.
To harass, threaten or unlawfully harm another person.
To submit intentionally false or misleading information.
To distribute malware or harmful code.
To impersonate another person or organisation.
To unlawfully collect personal information about others.
To interfere with the operation or security of the website.
To bypass security or access controls.
To gain unauthorised access to systems or accounts.
To scrape, reproduce or commercially exploit substantial parts of the Services without lawful authority.
To conduct unauthorised commercial resale activity through the Services.
To engage in conduct that exposes Kiwi Treats, Shopify, customers or others to unlawful harm.

We may suspend or terminate access where we reasonably believe these Terms have been materially breached.

26. Automated access

Bots, automated systems, artificial intelligence systems or other automated agents must not:

Circumvent CAPTCHA or security measures
Bypass technical restrictions
Attempt unauthorised access
Materially overload the Services
Scrape substantial proprietary content in violation of these Terms
Continue accessing the Services after being instructed to stop where legally permitted

We may use reasonable technical measures to manage automated access.

27. Consumer rights

Nothing in these Terms excludes, restricts or modifies a statutory consumer guarantee, right or remedy that cannot legally be excluded.

Depending on your location, applicable consumer legislation may include:

Applicable United States federal and state consumer protection laws
Applicable Canadian federal, provincial and territorial consumer laws
The UK Consumer Rights Act 2015
The Australian Consumer Law
The New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986, where applicable

Where these Terms conflict with a mandatory consumer right, the mandatory right will apply.

28. Suspension and termination

You may stop using the Services at any time.

We may suspend or terminate access to the Services where reasonably necessary, including where:

You materially breach these Terms
We reasonably suspect fraud
Your activity creates a security risk
We are required to do so by law

Termination does not affect rights or obligations that arose before termination.

29. Disclaimer of warranties

We make reasonable efforts to provide accurate information and operate the Services reliably.

However, to the fullest extent permitted by law, the Services are provided on an "as is" and "as available" basis.

We do not guarantee that:

The website will always be uninterrupted
The Services will be error-free
Every product will always remain available
Every delivery estimate will be achieved
Every piece of website information will always be completely current

To the extent permitted by law, warranties that are not expressly provided may be excluded.

Nothing in these Terms excludes any consumer guarantee, warranty or remedy that cannot legally be excluded.

30. Limitation of liability

To the fullest extent permitted by applicable law, Kiwi Treats and our affiliates, officers, employees, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential losses arising from use of the Services.

Where legally permitted, this may include:

Lost profits
Lost revenue
Lost data
Business interruption
Indirect replacement costs

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Some jurisdictions do not permit certain exclusions or limitations, so some provisions may not apply to you.

31. Indemnification

To the extent permitted by applicable law, you agree to indemnify Kiwi Treats and our officers, employees, contractors, service providers and licensors against reasonable third-party claims, liabilities, damages or legal costs arising directly from:

Your material breach of these Terms
Your unlawful use of the Services
Your infringement of another person's rights
Fraud or wilful misconduct by you

This section applies only to the extent permitted by applicable law.

32. Severability

If part of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or treated as severed where appropriate.

The remaining Terms will continue in effect.

33. Waiver and entire agreement

Our failure to enforce a provision does not waive our right to enforce it later.

These Terms, together with our:

Privacy Policy
Shipping Policy
Returns & Refunds Policy
Applicable promotional terms

form the agreement governing your use of the Services.

34. Assignment

You may not transfer your rights or obligations under these Terms without our permission unless applicable law provides otherwise.

We may assign our rights or obligations as part of a sale, restructuring, merger, acquisition or transfer of the business, subject to applicable law.

35. Governing law

Kiwi Treats operates from New Zealand.

These Terms and the provision of our Services will generally be governed by the laws of New Zealand, without regard to conflict-of-law principles.

However, this does not deprive consumers of mandatory rights or protections available under the laws of their country, state, province or territory.

Customers in the United States, Canada, United Kingdom or Australia may have rights to bring claims in their local jurisdiction where applicable law provides that right.

Nothing in these Terms requires you to waive a legal right that cannot lawfully be waived.

36. Headings

Section headings are provided for convenience only and do not limit or affect interpretation of these Terms.

37. Changes to these Terms

We may update these Terms from time to time to reflect changes to:

Our products
Our Services
Business practices
Shipping arrangements
Payment methods
Technology
Applicable laws
Regulatory requirements

When updated, the revised Terms will be published on kiwitreats.com and the Last updated date will be changed.

Where required by law, we may provide additional notice of material changes.

Changes will not retrospectively reduce mandatory rights relating to purchases made before the updated Terms became effective.

38. Contact

If you have questions about these Terms, an order or the Services, please contact:

Kiwi Treats
Email: hello@kiwitreats.com
Website: kiwitreats.com

Kiwi Treats • kiwitreats.com • hello@kiwitreats.com