Terms & Conditions

Application Of Terms

These Terms apply to your use of www.firestack.co.nz (“the Website”).

You agree to be bound by these terms and conditions.

We may amend these terms and conditions from time to time and these changes will be deemed to be immediately incorporated into and form part of these Terms. By continuing to visit and use our website and purchase our products and services, you will signify your agreement to be bound by the amended Terms. We encourage you to read our Terms and check back often.

These Terms are governed by the laws of New Zealand.

If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

Definitions

In these Terms:

Including and similar words do not imply any limit.

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.

Personal information means information about an identifiable, living person.

Terms means these terms and conditions titled Website Terms of Use.

We, us or our means Findalift Limited trading as Firestack.

Website means www.firestack.co.nz

You means you or, both you and the person on whose behalf you are acting.

Ability To Accept Terms

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

Products & Services

We offer all services and products as set out on the Website.

We reserve the right to amend these prices and our products and services at any time.

Should we change the price for a product and/or service you have already completed purchase of but has not yet been delivered to you, we will offer you a full refund should you not wish to pay the difference.

The details of our products and services including duration and content is provided on the Website.

All items are subject to availability. We will inform you as soon as possible if the products you have ordered are not available.

Payment Methods

All services and products purchased through the Website are payable upon purchase through our payment system on the Website. Should you require an alternative payment method, please get in touch with us to discuss this on a case by case basis.

Pricing

All pricing is in New Zealand dollars. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

Intellectual Property

The Website and its content and our products contain intellectual property owned by us, including trademarks, copyrights, proprietary information and other intellectual property.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

Disclaimers

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss.

We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

It is imperative that all Firestack products are used only in the manner for which they are intended, and that care and common sense are used when using our products. To the extent permitted by law, Firestacks does not accept any liability for, and is not responsible for, any damage, loss or injury caused by the use or misuse of our products.

The Website, our products and all blog articles, resources, tools, and other resources on the Website are educational and informational resources only, and are not a substitute for any kind of professional or specialist advice. We cannot guarantee the outcome of following any recommendations provided and any statements made regarding the potential outcomes are expressions of opinion only.

By continuing to use and read our website and all blog articles, resources, tools, and other resources, and by buying and using our products, you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on our website and in our blog articles, resources, tools, and other resources, and using our products, is at your own risk.

Liability

To the maximum extent permitted by law:

You access and use the Website at your own risk; and

We are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

Suspension And Termination

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

General

If we need to contact you, we may do so by email, phone or post. You agree that this satisfies all legal requirements in relation to written communications.

These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

For us to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms, including clauses, 9, 10, 11, 13.1, continue in force.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

Giveaways

March Giveaway
Win 1 of 10 Firewood Carriers

Entry is limited to New Zealand residents who have purchased from firestack.co.nz in the month of March.
Employees, contractors and suppliers of Firestack and their immediate families are not eligible for entry.
The prize is not transferable for cash or store credit.
The prize listed may be substituted for a similar equivalent if unavailable.
The competition period and entry mechanisms will be specified in the promotion.
The first 5 winners will be determined by the first 5 orders that appear from Sunday 5th March 2023 at 7pm via the Shopify order page. All other winners will be drawn at random. Judges’ decision is final and no correspondence will be entered into. Firestack, in its absolute discretion, reserves the right to verify the validity of all entries and to disqualify any entrant who tampers with the entry process.
The prize winners will be contacted through email via the email address associated with their Firestack account.
If the prize remains unclaimed after 30 days or the date specified in the promotion if any, Firestack will conduct a second chance draw. The additional draw(s) will follow the same process until the prize is claimed within 30 days or period specified in the promotion or communications.
Firestack is not responsible for any incorrect or inaccurate information, either caused by the entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Firestack which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, Firestack reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition.
Firestack assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries.
Firestack is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by Firestack on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition.

Christchurch June Giveaway
Free Firewood Carrier Per Order

Entry is limited to New Zealand residents who have purchased from firestack.co.nz in the month of June.
Employees, contractors and suppliers of Firestack and their immediate families are not eligible for entry.
The prize is not transferable for cash or store credit.
The prize listed may be substituted for a similar equivalent if unavailable.
The competition period and entry mechanisms will be specified in the promotion.
Eligibility is based off Christchurch orders on firestack.co.nz from June 1st 2023 at 12am - June 30th 2023 at 11.59pm only. Firestack, in its absolute discretion, reserves the right to verify the validity of all orders.
The promotion is for ONE firewood carrier per order and is only available and can only be redeemed by a customer once during this promotion.
The firewood carrier promotion will be sent out the Monday following orders being delivered. Delays of up to 7 days may occur.
Should the Firestack firewood be refunded, the promotional item must be returned also. Should the promotional item have significant damage or not be returned, a $75 fee to cover the cost of the firewood carrier will be deducted from your refund. Exceptions are made on the rare occasion of faulty products under the Consumer Guarantee Act.
Firestack is not responsible for any incorrect or inaccurate information, either caused by the purchaser, or for any technical error, or any combination thereof that may occur.

Feedback

If you have any feedback or a complaint, please contact: sales@firestack.co.nz

Findalift Limited T/A Firestacks
New Plymouth, Taranaki
New Zealand