Mighty Treat Co. — Terms of Service

Effective date: 4 September 2026

These Terms of Service (the Terms) apply when you visit www.mightytreatco.co.nz (the Website), create an account, or purchase products from Mighty Treat Co. By using the Website or placing an order, you agree to these Terms. If you do not agree, please do not use the Website or place an order.

In these Terms, Mighty Treat Co., we, us, and our mean the New Zealand business trading as Mighty Treat Co. from 16 Cornish Street, Korokoro, Wellington 5012, New Zealand. You and your mean the person using the Website or purchasing from us.

Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law that cannot lawfully be excluded, restricted, or modified.

1. Eligibility and accounts

You must be at least 18 years old, or have the permission and supervision of a parent or legal guardian, to place an order.

If you create an account, you must provide accurate and current information, keep your login details secure, and notify us promptly if you believe your account has been used without permission. You are responsible for activity carried out through your account unless it was caused by our act or omission.

We may decline, suspend, or close an account where reasonably necessary to protect you, us, or others; prevent fraud or unlawful activity; or respond to a material breach of these Terms. We will give reasonable notice where practicable.

2. Product information

We take reasonable care to describe and display products accurately. Colours, packaging, presentation, and product dimensions may appear differently depending on your device and may change from time to time. Images are illustrative unless we say otherwise.

Product descriptions, ingredients, nutritional information, allergen statements, country-of-origin information, and other manufacturer information may change. Always read the label and instructions on the product you receive before consuming or supplying it to another person. If information on the Website differs from the product label, contact us before use.

Allergies and dietary requirements

Products may contain, or be manufactured or packed in facilities that handle, allergens. Although we take reasonable care with the information we provide, we do not guarantee that a product is suitable for a particular allergy, intolerance, or dietary requirement unless we expressly confirm this in writing. Please review the product label and contact us before ordering if suitability is important to you.

Food safety and storage

You must follow the storage, preparation, use-by, best-before, and safety instructions supplied with a product. Some confectionery, particularly chocolate, may be affected by heat. Please consider weather conditions and choose a delivery address where the parcel can be received promptly.

If a product is recalled or we reasonably believe it may be unsafe, we may contact you using the details supplied with your order. You must stop using the product and follow the recall instructions. Your legal rights remain unaffected.

3. Orders and contract formation

Your order is an offer to purchase the products in your cart. An automated order confirmation acknowledges that we received your order; it does not necessarily mean we have accepted it. A binding contract is formed when we confirm acceptance or dispatch the order, whichever occurs first.

We may refuse or cancel an order before acceptance for a legitimate reason, including suspected fraud, payment failure, an incorrect product or price listing, stock unavailability, delivery restrictions, or an apparent resale or quantity restriction. If we cancel after taking payment, we will refund the amount paid for the cancelled item and any related delivery charge that no longer applies.

You must check your order details, delivery address, quantities, and contact information before submitting the order. Please contact us promptly if you notice an error. We cannot guarantee that an order can be changed after it has been accepted or prepared for dispatch.

We may set reasonable minimum or maximum order quantities and may limit sales of scarce or promotional products. Any applicable limit will be disclosed on the Website or before we accept the order.

4. Prices, GST, and currency

Unless stated otherwise, prices are in New Zealand dollars and include GST where GST applies. Delivery charges and any other applicable charges will be shown before you submit your order.

Prices and promotions may change without notice, but a change will not affect an order we have already accepted. If a product is listed at an obviously incorrect price, we may reject the order before acceptance or contact you to ask whether you wish to proceed at the correct price. If payment has already been taken and you do not proceed, we will provide a refund.

If you pay using a card or account denominated in another currency, your provider may apply its own exchange rate and fees. We are not responsible for those provider charges.

5. Payment

You must pay using one of the payment methods offered at checkout or otherwise approved by us. By submitting payment details, you confirm that you are authorised to use the selected payment method.

Payment processing may be provided by a third party and may be subject to that provider's terms. We do not store full payment-card details where payments are handled by an external payment provider.

If a payment is reversed, declined, or found to be unauthorised, we may pause or cancel the affected order and recover any amount lawfully owing to us.

6. Trade and wholesale customers

Additional written quotations, trade-account terms, credit terms, or supply agreements may apply to wholesale or business orders. If there is an inconsistency, the specifically agreed written terms take priority over these Terms to the extent of the inconsistency.

If you acquire products from us in trade, both you and we are in trade, and it is fair and reasonable that the parties are bound by this clause, the parties agree that the Consumer Guarantees Act 1993 does not apply to that supply to the maximum extent permitted by section 43 of that Act. This clause does not apply to a consumer purchase.

Trade customers are responsible for complying with laws applicable to their own storage, handling, advertising, and resale of products. You must not alter or obscure product labels, batch codes, date marks, warnings, or traceability information.

Unless we agree otherwise in writing, no customer is appointed as our agent, exclusive distributor, franchisee, or authorised representative and no customer may make commitments on our behalf.

7. Availability and substitutions

All products are subject to availability. We do not substitute a materially different product without your agreement. If an ordered product is unavailable, we may contact you to offer an alternative, delay the affected item with your agreement, or cancel and refund it.

8. Delivery

We deliver to the locations and by the methods shown at checkout. Delivery estimates are estimates only, although we will meet any delivery timeframe required by law. We will notify you if we become aware of a material delay.

You must provide a complete and accurate delivery address, including any business name, unit number, access information, and safe delivery instructions. We may charge the reasonable cost of redelivery if a parcel cannot be delivered because the information you provided was incorrect or incomplete.

For consumer orders, we remain responsible for delivery as required by the Consumer Guarantees Act 1993. Risk in the products passes to you when they are delivered to you or a person you nominate. If you give authority to leave a parcel unattended, risk passes once it is left at the place specified in your instructions, except to the extent the loss or damage was caused by us or the carrier.

For trade orders, unless agreed otherwise in writing, risk passes on delivery to the delivery address or collection by your nominated carrier. Title to products passes only when we receive payment in full for those products.

Please inspect your parcel promptly. If it is missing, damaged, incorrect, or appears unsafe, contact us as soon as reasonably practicable with your order number and, where useful, photographs. A notification timeframe helps us investigate with the carrier, but it does not remove any rights you have under New Zealand law.

9. Returns, refunds, and cancellations

Our Returns and Refunds Policy forms part of these Terms. If there is any inconsistency, your rights under applicable law prevail.

For consumer purchases, products must meet the guarantees in the Consumer Guarantees Act 1993, including that they are of acceptable quality, match their description, and are fit for any particular purpose you made known to us and reasonably relied on us to assess. Where a guarantee is not met, you may be entitled to a remedy such as a replacement, refund, or compensation, depending on the circumstances.

We are not required to accept a return merely because you changed your mind, ordered the wrong item, or no longer want the product. We may choose to do so under our Returns and Refunds Policy.

For hygiene and food-safety reasons, we may be unable to resell opened food products. This does not limit your rights where a product is faulty, unsafe, incorrectly supplied, or otherwise fails a statutory guarantee.

To request a cancellation, contact us as soon as possible. If the order has not been accepted, packed, or dispatched, we will use reasonable efforts to cancel it. Once dispatched, the return rules above apply.

10. Promotions, discount codes, and gift cards

Promotions and discount codes may have additional terms, eligibility requirements, dates, or product exclusions disclosed with the offer. Unless stated otherwise, only one discount code may be used per order, codes have no cash value, and a code may not be applied after an order is placed.

We may cancel or correct a promotion where there is a genuine error, fraud, or misuse, provided this does not affect rights that have already arisen under an accepted order or applicable law.

Gift cards, if offered, are subject to any additional terms displayed when purchased. Nothing in these Terms permits an expiry date or fee that is prohibited by law.

11. Website use

You may use the Website only for lawful personal or business purchasing purposes. You must not:

• misuse the Website or use it for fraudulent or unlawful activity;
• interfere with the Website's operation, security, or other users;
• introduce malicious code or attempt unauthorised access;
• scrape, harvest, or copy Website content through automated means except as permitted by law or with our written consent;
• impersonate another person or provide false or misleading information; or
• use the Website or its content in a way that infringes another person's rights.

We may restrict access where reasonably necessary to address misuse, security risks, legal requirements, maintenance, or a material breach of these Terms.

12. Intellectual property

Unless otherwise stated, the Website and its content—including text, graphics, photographs, product presentation, logos, and software—are owned by or licensed to us and are protected by intellectual-property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for its intended purpose. You may download or print reasonable extracts for your own internal, non-commercial use or to place and manage an order. No other licence is granted.

Third-party product names and trade marks belong to their respective owners. Their appearance on the Website does not transfer any rights to you or us.

13. Reviews and other content you submit

If you submit a review, image, comment, or other content, you confirm that you have the right to do so and that the content is accurate, lawful, and does not infringe another person's rights.

You retain ownership of your content. You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, format, and display it for operating and promoting Mighty Treat Co. You may ask us to stop using content in future marketing, although we may retain copies where reasonably required for legal, record-keeping, or technical purposes.

We may moderate or remove content where we reasonably believe it is unlawful, misleading, offensive, infringing, irrelevant, or exposes a person to harm. We are not required to publish every submission.

14. Third-party services and links

The Website may use or link to services operated by third parties, such as payment providers, delivery providers, social media platforms, or other websites. Third parties have their own terms and privacy practices. We are not responsible for third-party content or services outside our reasonable control, but this does not limit any responsibility we have for parties we use to fulfil your order.

15. Privacy and communications

Our Privacy Policy explains how we collect, use, store, and disclose personal information and forms part of these Terms.

We may send service communications about your account, order, delivery, safety notices, or changes that affect an existing contract. We will send marketing messages only where permitted by law, and you can unsubscribe using the link in the message or by contacting us.

Notices may be sent to the email or postal address associated with your order or account. You are responsible for keeping those details current.

16. Website availability and disclaimers

We aim to keep the Website accurate, secure, and available, but do not promise that it will always be uninterrupted or error-free. We may change, suspend, or withdraw Website features for maintenance, security, operational, or legal reasons.

To the maximum extent permitted by law, general Website content is provided for information only and is not medical, dietary, or other professional advice. Any express product promises we make, and all rights that cannot lawfully be excluded, remain in effect.

17. Liability

Nothing in these Terms limits or excludes liability where doing so would be unlawful, including liability under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 where those Acts apply.

Subject to the paragraph above, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the contract was formed.

For a trade customer only, and to the maximum extent permitted by law, our total liability arising from a particular order is limited to the amount paid or payable for that order. This limit does not apply to fraud, wilful misconduct, breach of confidentiality, infringement of intellectual-property rights, or any liability that cannot lawfully be limited. Nothing in this clause requires a trade customer to indemnify us for loss caused by our own act or omission.

18. Events outside reasonable control

Neither party is responsible for delay or failure caused by an event outside its reasonable control, such as a natural disaster, serious transport disruption, epidemic, strike, utility outage, or government action. The affected party must take reasonable steps to reduce the impact and resume performance. This clause does not remove your right to a refund where we cancel an order or where the law otherwise requires one.

19. Changes to these Terms

We may update these Terms from time to time to reflect changes to our business, the Website, or the law. The updated Terms will apply from the effective date shown at the top and will not retrospectively change an order we accepted before that date unless required by law or agreed with you.

20. General

If a provision of these Terms is unlawful or unenforceable, it will be read down to the extent necessary or severed, and the remaining provisions will continue to apply.

If we do not enforce a right immediately, that does not waive the right. You may not transfer your rights or obligations under these Terms without our written consent, except where the law permits. We may transfer our rights and obligations as part of a genuine sale, reorganisation, or transfer of our business, provided this does not reduce your rights.

These Terms, together with the order details and any policies or written terms expressly incorporated into them, form the agreement between you and us for the relevant use or purchase.

21. Governing law and disputes

These Terms are governed by New Zealand law. The New Zealand courts have non-exclusive jurisdiction, meaning that any mandatory rights you have to bring a claim elsewhere are not affected.

If a concern arises, please contact us first so we can try to resolve it promptly. Nothing in this clause prevents either party from using the Disputes Tribunal, seeking urgent court relief, or exercising any other legal right.

22. Contact us

Questions, complaints, return requests, and legal notices may be sent to:

Mighty Treat Co.
16 Cornish Street
Korokoro
Wellington 5012
New Zealand
Email: info@mightytreatco.co.nz
Phone: 04 979 7313
Website: www.mightytreatco.co.nz