TERMS OF SERVICE
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OVERVIEW
This website is operated by Stella+Gemma. Throughout the site, the terms “we”, “us” and “our” refer to Stella+Gemma. Stella+Gemma offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Prices may vary between sale platforms.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. You can view our Return Policy here
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please click here.
When you enrol in the STELLA+GEMMA Loyalty Programme, we collect additional personal information as described in Section 22 below. This information is also governed by our Privacy Policy and the Privacy Act 2020 (NZ).
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Where errors or inaccuracies affect Loyalty Programme points balances — for example, points credited in error — we reserve the right to correct the balance after notifying you by email.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Additionally, in relation to the Loyalty Programme, you are prohibited from: (l) creating more than one membership account; (m) manipulating transactions to artificially inflate points balances, including through returns abuse; (n) selling, transferring, or attempting to exchange points with another person; or (o) misrepresenting your identity or purchase history to obtain points.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Stella+Gemma, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
This limitation of liability extends to the Loyalty Programme, including but not limited to: loss of points due to technical errors; inability to redeem points during system outages; or forfeiture of points upon account cancellation or Programme termination. Nothing in this section limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 to the extent those rights cannot be excluded by law.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Stella+Gemma and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Termination of your general account will also result in cancellation of your Loyalty Programme membership and forfeiture of any accumulated points balance. Where you choose to cancel only your Loyalty Programme membership (without closing your general account), Section 22.8 applies.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Where changes materially affect your Loyalty Programme membership — for example a significant reduction in the earn rate or acceleration of points expiry — we will provide you with at least 30 days' written notice by email before those changes take effect, in accordance with the Fair-Trading Act 1986.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at online@stellaandgemma.com
For Loyalty Programme enquiries, including points balance queries, redemption issues, or privacy requests, you may also contact us at online@stellaandgemma.com with the subject line "Loyalty Programme Enquiry".
SECTION 21 - PRICING
All prices are in New Zealand dollars (NZ$) and include GST (15% sales tax) or Australian dollars (AU$) and include GST (10% sales tax).
All prices are correct at time of publication; however we reserve the right to alter prices for any reason.
Please note: STELLA + GEMMA cannot cover any import or customs fees for any orders shipped internationally. If your order is liable for import or customs fees, you will be contacted for payment by the relevant authorities once your item has reached the destination country.
SECTION 22 — LOYALTY PROGRAMME
22.1 About the Programme
STELLA+GEMMA operates the STELLA+GEMMA Loyalty Programme (the "Programme") to reward Members for purchases made in-store and online. By enrolling in the Programme, you ("Member") agree to be bound by this Section 22 and all other applicable sections of these Terms of Service.
22.2 Eligibility and Enrolment
The Programme is open to New Zealand residents aged 18 years and over. Membership is personal and non-transferable, and only one account is permitted per person. You may enrol online at stellaandgemma.com or in-store. Enrolment is free and no purchase is required to join.
22.3 Earning Points
Members earn 1 point for every $1 NZD spent on eligible purchases (inclusive of GST) across our in-store and online channels. Points are calculated on the final transaction amount after any discounts are applied.
The following are excluded from points earning:
• Gift cards and store vouchers
• Purchases made prior to confirmed enrolment
• Purchases paid for using a points redemption voucher
• Delivery charges
• Sale Items
Points are credited to your account within 14 business days of a completed transaction. For online orders, points are credited once your order has been dispatched. Points have no cash value and cannot be transferred, sold, or gifted. We reserve the right to reverse points awarded in error or in connection with a returned or refunded purchase.
22.4 Redeeming Points — Voucher Thresholds
Points accumulate continuously and a voucher is automatically issued every time your balance reaches one of the following thresholds:
|
Threshold Reached |
Voucher Issued |
|
Every 300 points |
$15 NZD voucher |
|
Every 500 points |
$35 NZD voucher |
Points are never deducted upon voucher issuance — your balance continues to accumulate. Both vouchers may be earned multiple times. For example, a member who accumulates 600 points will receive a $15 voucher at 300 points and again at 600 points; a member who accumulates 500 points will also receive a $35 voucher at that threshold.
Vouchers are sent to your registered email address within 14 business days of the threshold being reached. Vouchers are valid for 12 months from the date of issue and may be redeemed in-store or online at stellaandgemma.com. Vouchers cannot be exchanged for cash, combined with any other promotion or discount, transferred to another person, or reissued if lost, stolen, or expired.
If a purchase is returned that caused your balance to cross a threshold, we reserve the right to cancel the associated voucher or deduct the relevant points from your balance.
22.5 Points Expiry
Points expire 12 months after the date they were earned if no further qualifying purchase is made within that period. Each point carries its own 12-month expiry from the date it was credited — it is not a rolling reset of your entire balance.
We will send a reminder to your registered email address 30 days before any points are due to expire. Expired points cannot be reinstated. These expiry terms are disclosed clearly at sign-up and in this Section in accordance with the Fair-Trading Act 1986.
22.6 Bonus Points and Promotions
We may from time to time offer bonus points promotions. These are subject to their own specific terms communicated at the time of the offer, including any channel restrictions (e.g. online only or in-store only). Bonus offers cannot be combined with other offers unless expressly stated. In accordance with the Fair-Trading Act 1986, all promotional conditions will be clearly disclosed.
22.7 Programme Changes and Termination
We may modify earn rates, redemption rates, eligible products, or these Programme terms at any time. For material changes to your detriment, we will provide at least 30 days' written notice by email. We may suspend or terminate the Programme by giving Members 60 days' written notice and will provide a reasonable opportunity to redeem accumulated points before closure.
22.8 Account Cancellation
You may cancel your Loyalty Programme membership at any time by contacting us at online@stellaandgemma.com. On cancellation, all accumulated points are forfeited. We may suspend or close your membership account without notice if we reasonably suspect fraudulent activity, misuse of the Programme, or a breach of these Terms. Suspected fraud may be referred to relevant authorities.
22.9 Privacy and Your Loyalty Programme Data
To operate the Programme, we collect your name, email address, date of birth, and transaction history. This information is used to administer your account, calculate points, send account notices, and — with your consent — send marketing communications. It is handled in accordance with our Privacy Policy and the Privacy Act 2020 (NZ).
We will not sell your personal information to third parties. We may share it with service providers who assist in operating the Programme, under confidentiality obligations. You have the right to access and correct the personal information we hold about you by contacting online@stellaandgemma.com. You may also contact the Office of the Privacy Commissioner at privacy.org.nz if you have concerns about how your information is handled.
22.10 Marketing Communications
By joining the Programme, you will receive transactional account communications (such as points statements and expiry reminders) which are necessary for operating your membership. You may separately opt in to receive marketing emails or SMS. You can unsubscribe at any time via the unsubscribe link in any email, by replying STOP to any SMS, or by contacting us directly. These provisions comply with the Unsolicited Electronic Messages Act 2007.