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, 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 in 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 in the Flybuys Store and the price of any such Item at any time without notice.
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 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 in the Flybuys Store are subject to such other terms and conditions as are mentioned on the Flybuys Website, 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.
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. The Reward Currency Terms and Conditions (Clause 2 - Spending Flybuys Points) applies to purchases in which Points are spent.
3.4. 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”). 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 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.
3.7. Some Items have a minimum age requirement for you to be able purchase the Item (including alcohol and some computer games). 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 age deemed acceptable by Loyalty NZ.
3.8. 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.
3.9. 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, it may be repaired, replaced, or refunded in accordance with the Consumer Guarantees Act. If a refund is provided, Loyalty NZ will credit the relevant number of Flybuys Points and/or payment amount back to the account(s) they came from.
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. Loyalty NZ does not hold stock of Flybuys Store 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.
4.3. Deliveries may be delayed during busy times such as sale or holiday periods. Please allow extra time for delivery during these periods.
4.4. Items will only be shipped to a New Zealand address and Loyalty NZ reserves the right to refuse or cancel purchases requiring delivery to remote locations. Loyalty NZ may agree to deliver Items to remote locations if you pay an additional delivery fee.
4.5. If your Item is being delivered by courier, 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.
4.6. Items requiring collection must be collected within 30 days of purchase from the Flybuys Store.
4.7. 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 Item is in stock.
4.8. 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 lost or stolen Vouchers purchased from the Flybuys Store. 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. Your Consumer Rights
6.1. 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.
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).
7. User Reviews
7.1. Members are eligible to submit a product rating and review for display on the Flybuys Store website.
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 such 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 that is known to be false, inaccurate or misleading; breach any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that may be considered defamatory, libellous or hateful; any content for which compensation was granted by any third party.
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 content and materials supplied by you.