Each capitalised term used but not defined in these terms and conditions has the meaning given to it in the Flybuys Membership Terms and Conditions.
A. These are the terms and conditions that govern the Flybuys Store (Store Terms). By making a purchase from the Flybuys Store, or by posting a review of an Item on the Flybuys Store, you agree to be bound by the Store Terms.
B. The Flybuys Membership Terms and Conditions, the Rewards Currency Terms and Conditions and the Website Use Terms and Conditions also apply to your use of the Flybuys Store. In the event of any conflict, the Store Terms will prevail over any of the other terms and conditions.
1.1. In the Store Terms:
2. Items Listed on the Flybuys Store
2.1. All Items listed on the Flybuys Store are subject to availability and Loyalty NZ may refuse or cancel a purchase in the unlikely event the Item is unavailable.
2.2. Loyalty NZ reserves the right to change the Items available on the Flybuys Store, the price of any Item, and any other terms and conditions of purchase for any Item from the Flybuys Store at any time before you purchase an Item, without notice to you.
2.3. Without limiting your rights under the Consumer Guarantees Act or Fair Trading Act, Loyalty NZ may cancel, and is not required to honour, any purchase where there has been a genuine error in pricing (including if the Item was incorrectly included in a sale or other promotion), or image or description of the Item on the Flybuys Store, provided that a full refund of any Flybuys Points and/or cash used in the purchase is provided.
2.4. All Items listed on the Flybuys Store are subject to such other terms and conditions as are mentioned on the Flybuys Website, in any applicable Flybuys Store promotional material, on any voucher or other confirmation, or in any other terms and conditions determined by the Supplier or Provider, including on any ticket for airline travel.
2.5. Discounted prices advertised on the Flybuys Store and any Flybuys Store promotional material are based on the usual Flybuys Store price unless stated otherwise. Discounted Items are only available while stocks last and unless stated otherwise, discounts are not available in conjunction with any other discount or promotional offer. See an Item’s Flybuys Store listing for all applicable discounts and offers.
2.6. While Loyalty NZ has endeavoured to ensure the images and descriptions of Items on the Flybuys Store are accurate, current and complete, the images and descriptions are based on material obtained from Suppliers and Loyalty NZ does not accept liability for any error, misstatement or omission. You are solely responsible for any actions you take in reliance on Item images and/or descriptions.
2.7. The colour of Items shown in the Flybuys Store will vary depending on your monitor type and settings. Colour descriptions and the colour of Items shown in the Flybuys Store are only a guide and the actual colour of Items may vary.
3. Purchasing Items from the Flybuys Store
3.1. Only Members may purchase Items from the Flybuys Store and you must sign in to the Flybuys Website to make a purchase.
3.2. Members can purchase Items from the Flybuys Store:
- using only Flybuys Points; or
- if the Item is not a Points Only Item:
3.3. You warrant you are entitled to use the payment method you use to purchase any Item from the Flybuys Store. Loyalty NZ reserves the right to refuse or cancel the purchase of any Item if we suspect on reasonable grounds that you are not entitled to use the payment method used to purchase an Item or that your purchase is in any way fraudulent.
3.4. The Reward Currency Terms and Conditions (Clause 2 - Spending Flybuys Points) applies to purchases in which Points are spent.
3.5. When you purchase an Item using Points + Cash or Cash, you may choose how many of your Points you want to spend on your Item (select zero Points for a Cash only purchase). The amount you need to pay to purchase your Item will be displayed. You can use a valid Visa, MasterCard, or American Express credit card, or a valid debit card linked to Visa or MasterCard (“Accepted Payment Card”) to pay the cash component of the purchase price. You cannot use Diners credit cards. There is a limit of $10,000 on payments using your credit or debit card.
3.6. Loyalty NZ may change the items available to purchase using Points + Cash or Cash or any Points minimum required to make a purchase at any time without prior notice to you.
3.8. Loyalty NZ does not supply trade quantities. Loyalty NZ reserves the right to limit the quantity of any Item that you may purchase from the Flybuys Store and to cancel any transaction if Loyalty NZ suspects on reasonable grounds that you have made your purchase for the purpose of re-selling.
3.9. Some Items have a minimum age requirement for you to be able purchase and/or use the Item (including alcohol and some computer games). Age restrictions for Items are specified in the Item’s listing on the Flybuys Store. If you purchase any such Item, you warrant that you meet this minimum age requirement. Loyalty NZ may ask you to verify your age if you purchase an Item that has an age restriction. Loyalty NZ reserves the right to refuse or cancel the purchase if you cannot provide confirmation of your age deemed acceptable by Loyalty NZ.
3.10. The purchase of any Item (including magazine subscriptions, tickets, passes and vouchers) will not entitle you to any offer related to the purchase of that Item directly from the Supplier, or to exchange the Item for any other product offered by the Supplier.
4. Delivery and Collection
4.1. Items will, at Loyalty NZ’s option, be posted or delivered to the address specified by you, be emailed to the email address specified by you, or be made available for collection at a location notified to you. The Flybuys Store listing for the Item will specify the means of delivery or whether the Item requires collection.
4.2. Risk for your Item passes to you once it has been delivered or emailed to the address specified by you, or collected by you from the collection location notified to you. This means Loyalty NZ is not responsible for any lost, stolen or damaged Items (except in accordance with the Consumer Guarantees Act) once risk has passed to you.
4.3. Loyalty NZ does not hold stock of Items and delivered Items will be shipped directly from our Suppliers. Because Loyalty NZ does not ship Items, any delivery time noted on the Flybuys Store is only an estimate. Loyalty NZ do not guarantee delivery times and will not be liable for any loss due to a delay in delivery.
4.4. Deliveries may be delayed during busy times such as sale or holiday periods. Please allow extra time for delivery during these periods.
4.5. Items will only be shipped to a New Zealand address and couriered Items cannot be delivered to a PO Box address. Loyalty NZ reserves the right to refuse or cancel purchases requiring delivery to remote locations including Chatham Islands, d’Urville Island, Stewart Island, Great Barrier Island, Kawau Island, Matakana Island and Waiheke Island.
4.6. It is your responsibility to ensure the delivery address is correct. Loyalty NZ is not liable for any costs associated with resending an Item or any loss to you if you fail to ensure the delivery address is correct.
4.7. If your Item is being delivered by courier, it is your responsibility to ensure you can take delivery. The courier may contact you prior to delivery to seek your authorisation to leave the Item at the delivery address if no one is home when the courier calls. Loyalty NZ is not liable for any loss, theft or damage which occurs to any Item left at the delivery address by the courier with your authorisation.
4.8. Complaints about missing or damaged Items must be made within 15 days of the estimated delivery date by calling 0800 FLYBUYS (0800 359 2897) Monday to Friday, 8am-6pm (excluding public holidays).
4.9. Items requiring collection must be collected within 30 days of purchase from the Flybuys Store.
4.10. You will need to present your Flybuys card (physical or digital) and a photo ID to be able to collect your Item. Please contact local store to ensure your Item is in stock.
4.11. You must be 18 years or older to collect alcohol Items from Liquourland.
5.1. If you purchase any Voucher, it is your responsibility to satisfy any terms and conditions imposed by the Provider, including advance booking requirements and any restrictions on and/or fees payable in respect of the cancellation of or alteration to bookings.
5.2. Loyalty NZ is not responsible for Vouchers lost or stolen once risk has passed to you (in accordance with section 4.2). Loyalty NZ may agree, at its sole discretion, to replace lost or stolen Vouchers on such terms and conditions as Loyalty NZ may give notice of to you.
5.3. Loyalty NZ is not liable to you for any loss due to a Provider’s loss of ability to fulfil any Voucher which arises after you purchased the Voucher from the Flybuys Store.
6. Cancellations, Refunds and Returns, and Your Consumer Rights
6.1. Once an Item has been purchased, it cannot be cancelled, returned or exchanged because you have changed your mind. If the Item is defective or damaged, Loyalty NZ will comply with its obligations under the Consumer Guarantees Act and will arrange for the Item to be repaired, replaced, or refunded in accordance with the Consumer Guarantees Act.
6.2. If you wish to arrange a return, exchange or refund in accordance with the Consumer Guarantees Act, please call 0800 FLYBUYS (0800 359 2897) Monday to Friday, 8am-6pm (excluding public holidays).
6.3. Loyalty NZ reserves the right to refuse to accept or cancel any purchase which breaches these terms. If Loyalty NZ refuses to accept or cancels your order for any reason (other than fraud), a refund will be provided.
6.4. If a refund is provided for any reason, Loyalty NZ will credit the relevant number of Flybuys Points and/or payment amount back to the account(s) they came from.
6.5. To the maximum extent permitted by law, Loyalty NZ is not responsible for any loss you suffer which was caused by its refusal to accept, or by cancellation of, your order for any reason.
6.6. To the maximum extent permitted by law, Loyalty NZ excludes all (express or implied) representations, terms, warranties, guarantees, and conditions.
6.7. Except as required by law, if Loyalty NZ is found by a court to be liable to you then we will only pay you the amount you actually paid for the Item to which your claim relates.
6.8. Loyalty NZ is not liable for any failure to, or delay in, performing any of its obligations under the Store Terms which was caused by any event or circumstance beyond our reasonable control.
6.9. Nothing in the Store Terms will limit or affect your rights as a consumer under the Consumer Guarantees Act 1993 to the extent that such limitation or other contracting out is prohibited by that Act.
7. User Reviews
7.1. Members are eligible to submit a product rating and review (“Content”) for display on the Flybuys Store website and you must sign in to the Flybuys Website to submit Content.
7.2. Loyalty NZ reserves the right to reject, edit or remove any Content at our sole discretion.
7.3. Members who submit their Content grant Loyalty NZ irrevocable, non-exclusive, royalty-free and fully sub-licensable and transferrable rights to use, copy, adapt, publish, translate, create derivative works from, distribute, and display the Content throughout the world in any media format.
7.4. On submitting a product rating and review, you represent that:
7.5. You agree not to submit any Content:
7.6. By submitting Content, you agree to indemnify and hold Loyalty NZ harmless from all claims, demands and damages brought by a third party against Loyalty NZ that arise as a result of the Content supplied by you.