Terms of Service

Last Updated: 04 July 2026

1. Introduction

Welcome to Milk and Moon.

These Terms of Service ("Terms") govern your access to and use of the Milk and Moon website, products and services. Throughout these Terms, "Milk and Moon", "we", "us" and "our" refer to Tranquil Haus Limited trading as Milk and Moon.

By accessing our website, placing an order, or otherwise using our services, you agree to be bound by these Terms, together with our Privacy Policy, Refund Policy and Shipping Policy.

If you do not agree to these Terms, you should not use our website or purchase our products.

Our website is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer products and services online.

2. New Zealand Consumer Rights

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies available to you under:

·       The Consumer Guarantees Act 1993;

·       The Fair Trading Act 1986;

·       The Privacy Act 2020; or

·       Any other applicable New Zealand legislation.

Where you are purchasing products or services for personal, domestic or household use, your statutory rights remain unaffected.

3. Eligibility to Use Our Website

By using our website or placing an order, you confirm that:

·       You are at least 18 years of age, or are using the website under the supervision of a parent or legal guardian.

·       The information you provide is accurate and complete.

·       You have the legal capacity to enter into a binding contract.

You must not use our website for any unlawful, fraudulent or unauthorised purpose.

4. Orders and Acceptance

Submitting an order through our website constitutes an offer to purchase products from Milk and Moon.

An order is not accepted, and no binding contract is formed, until:

·       Payment has been successfully processed; and

·       We have confirmed acceptance of your order.

We reserve the right to refuse, decline or cancel any order where we reasonably believe:

·       Fraudulent activity may have occurred;

·       There is a pricing or technical error;

·       Products are unavailable;

·       We cannot verify payment;

·       The order breaches these Terms; or

·       Fulfilment is not reasonably possible.

If an order is cancelled after payment has been processed, a refund will be issued in accordance with our Refund Policy.

5. Products and Product Availability

We take reasonable care to ensure that product descriptions, photographs and information displayed on our website are accurate.

However:

·       Colours may vary depending on your device settings.

·       Product images are representative only.

·       Packaging, flowers, confectionery, presentation and product placement may vary.

·       Product availability may change without notice.

Seasonal and Product Substitutions

Milk and Moon gift boxes contain carefully selected products, some of which may be seasonal, handmade, limited edition, sourced from small suppliers, or subject to stock availability.

Where a product becomes unavailable, we reserve the right to substitute that item with a comparable product of equal or greater value and similar quality without prior notice.

We will always endeavour to maintain the overall style, theme and value of the gift box.

Handmade and Natural Variations

Many of our gift boxes contain handmade, artisan or natural products.

As a result, slight variations in colour, appearance, packaging, floral arrangements, confectionery presentation or other design elements may occur and do not constitute a fault or defect.

6. Pricing and Payment

All prices displayed on our website are in New Zealand Dollars (NZD) unless otherwise stated.

Prices may be updated from time to time without notice.

Payment must be received in full before products are dispatched.

We reserve the right to cancel orders where payment is declined, reversed, disputed or identified as potentially fraudulent.

7. Pricing Errors

While we take reasonable care to ensure pricing accuracy, occasionally errors may occur.

If a product is listed at an incorrect price due to a technical, typographical or system error, we reserve the right to:

·       Cancel the order prior to dispatch; and

·       Provide a full refund of any amount paid.

We are not obliged to supply products at an incorrect price.

8. Shipping and Delivery

Shipping and delivery are governed by our Shipping Policy.

While we work closely with courier providers to ensure timely delivery, delivery dates and timeframes are estimates only and are not guaranteed.

Milk and Moon is not responsible for delays resulting from:

·       Courier network disruptions;

·       Severe weather;

·       Road closures;

·       Public holidays;

·       Customs processing;

·       Industrial action;

·       Events beyond our reasonable control.

Customers are responsible for providing accurate delivery information.

Additional charges may apply where incorrect or incomplete delivery details are supplied.

9. Risk and Ownership

Ownership of products remains with Milk and Moon until payment has been received in full.

Risk in the products passes to the recipient upon delivery.

Where a customer authorises a parcel to be left unattended, risk passes at the time the parcel is delivered according to those instructions.

10. Food, Beverage and Wellness Products

Some gift boxes may contain food, beverages, confectionery, tea, coffee, skincare or wellness products supplied by third-party manufacturers.

While we endeavour to provide accurate information, ingredient lists and manufacturing processes may change.

Customers remain responsible for reviewing product labels and ensuring products are suitable for their intended recipients.

Milk and Moon cannot guarantee that products supplied by third parties are free from allergens or traces of allergens.

11. Promotions, Discount Codes and Special Offers

From time to time we may offer promotions, discount codes or special offers.

Unless otherwise stated:

·       Promotions cannot be exchanged for cash.

·       Promotions are not transferable.

·       Only one promotion may be used per order.

·       Discounts cannot be applied retrospectively.

·       Promotions may be withdrawn or amended at any time.

·       Additional terms may apply to specific promotions.

12. Gift Cards

Gift cards:

·       Are non-refundable except where required by law.

·       Cannot be redeemed for cash.

·       Must be used before any published expiry date.

·       Are the responsibility of the holder.

Milk and Moon is not responsible for lost, stolen or unauthorised use of gift cards.

13. Intellectual Property

All content appearing on the Milk and Moon website, including:

·       Logos;

·       Branding;

·       Product descriptions;

·       Website design;

·       Images;

·       Graphics;

·       Text;

·       Photography; and

·       Other materials,

is owned by or licensed to Milk and Moon and is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, copy, republish or exploit any content without our prior written consent.

14. User Content and Reviews

If you submit reviews, testimonials, photographs, feedback or other content to us, you grant Milk and Moon a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, display, publish and distribute that content for marketing, promotional or business purposes.

You warrant that:

·       The content is your own.

·       You have the right to submit it.

·       It does not infringe the rights of any third party.

·       It is not defamatory, misleading, offensive or unlawful.

We reserve the right to remove content at our sole discretion.

15. Third-Party Services and Links

Our website may contain links to third-party websites, products or services.

We do not control and are not responsible for:

·       Third-party content;

·       Third-party websites;

·       Third-party services;

·       Third-party privacy practices.

Use of third-party websites is at your own risk.

16. Website Availability

We aim to ensure uninterrupted access to our website.

However, we do not guarantee that the website will always be:

·       Available;

·       Uninterrupted;

·       Secure; or

·       Error-free.

We may suspend, modify or discontinue portions of the website at any time without notice.

17. Limitation of Liability

To the maximum extent permitted by law:

·       Milk and Moon is not liable for indirect, consequential, incidental or special losses.

·       We are not liable for losses resulting from delays caused by third parties or circumstances beyond our reasonable control.

·       We are not liable for losses arising from customer errors, including incorrect delivery information.

Nothing in these Terms excludes liability that cannot lawfully be excluded under New Zealand law.

18. Business Customers

Where products or services are acquired for business purposes, the parties agree that, to the extent permitted by law, the Consumer Guarantees Act 1993 shall not apply.

19. Force Majeure

We will not be liable for any delay or failure to perform our obligations where the delay or failure results from events beyond our reasonable control, including:

·       Natural disasters;

·       Severe weather events;

·       Pandemics;

·       Government restrictions;

·       Transport disruptions;

·       Supply chain shortages;

·       Industrial action;

·       Cyber security incidents; or

·       Failures of third-party service providers.

20. Privacy

Your use of our website is subject to our Privacy Policy.

By using our website or services, you acknowledge that your personal information will be handled in accordance with that policy.

21. Termination

We may suspend or terminate access to our website or services where:

·       These Terms are breached;

·       Fraudulent activity is suspected;

·       Misuse of our website occurs; or

·       Continued access would expose us to legal or commercial risk.

Any rights and obligations accrued before termination will survive termination.

22. Changes to These Terms

We may update these Terms from time to time.

Updated Terms will be published on our website and will become effective immediately upon publication unless stated otherwise.

Continued use of our website following publication constitutes acceptance of the revised Terms.

23. Governing Law

These Terms are governed by the laws of New Zealand.

Any dispute arising out of or relating to these Terms, our website or our products will be subject to the exclusive jurisdiction of the courts of New Zealand.

24. Contact Information

If you have any questions regarding these Terms, please contact:

Milk and Moon
 15 Hebron Road
 Waiake, Auckland 0630
 New Zealand

Email: hello@milkandmoon.co.nz