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Terms of Use

Effective date: 1 September 2026


About these Terms

These Website Terms and Conditions apply to your access to and use of the Kina & Co website and to purchases made through our online store.

In these Terms:

  • Kina & Co, we, us and our refer to Gillian Ann Mark, trading as Kina & Co;

  • Website refers to the Kina & Co website and online store;

  • products refers to products available for purchase through the Website; and

  • you and your refer to anyone who accesses the Website or purchases products from us.

By accessing or using the Website, you agree to these Terms. If you purchase a product from us, these Terms also form part of the agreement between you and Kina & Co.

Our Privacy Policy, Shipping Policy and Returns and Refund Policy also apply to your use of the Website and purchases made through it. These policies are available through the links provided on the Website and form part of these Terms.


Orders

By submitting an order through the Website, you are offering to purchase the products included in your order in accordance with these Terms.

After you place an order, you may receive an automated order confirmation. This confirms that we have received your order but does not necessarily mean that we have accepted it.

We may decline or cancel an order before it has been dispatched where:

  • payment cannot be authorised or processed;

  • a product is unavailable;

  • an incorrect price or product description has been displayed;

  • we are unable to deliver the order to the address provided;

  • we reasonably suspect that an order is fraudulent or unauthorised; or

  • another circumstance prevents us from reasonably fulfilling the order.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled products using your original payment method.

For large or unusual orders, we may contact you before accepting or fulfilling the order.


Pricing and Payment

All prices displayed on the Website are in New Zealand dollars and include any applicable taxes unless otherwise stated.

Shipping charges are calculated and displayed separately during checkout.

Payment must be made using one of the payment methods available at checkout. Payments may be processed through Shopify Payments or another payment provider made available through the Website.

By submitting an order, you authorise the relevant payment provider to charge the total amount displayed at checkout to your selected payment method.

We will not be required to fulfil an order if payment has not been successfully authorised or received.

We take reasonable care to ensure that product descriptions and prices displayed on the Website are accurate. However, errors may occasionally occur.

If we identify an obvious pricing error after you place an order, we may contact you to confirm whether you wish to proceed at the correct price or cancel the affected product and provide a refund.


Product Availability

Products may be available in limited quantities and may be changed, withdrawn or discontinued at any time.

Some Kina & Co products are made to order. Preparation and dispatch times may therefore vary depending on the product and the number of orders being processed.

We will make reasonable efforts to fulfil accepted orders but cannot guarantee that every product displayed on the Website will remain available.

We will not be liable to you or another person merely because a product is changed, temporarily unavailable or discontinued.

However, if we are unable to supply a product you have already paid for, we will provide an appropriate replacement, refund or other remedy in accordance with applicable consumer law.


Handmade Products

Kina & Co products are handmade in small batches.

Natural variations may occur between individual products, including variations in:

  • colour;

  • finish;

  • texture;

  • pattern;

  • weight;

  • dimensions; and

  • burn time.

These variations form part of the individual character of a handmade product and will not necessarily mean that the product is faulty.

Product dimensions, weights and burn times displayed on the Website are approximate unless expressly stated otherwise.

We make reasonable efforts to display product colours and images accurately. However, colours may appear differently depending on your device, screen settings, lighting conditions and the natural variation between handmade products.


Shipping, Returns and Refunds

Shipping, delivery, returns, exchanges and refunds are governed by our separate Shipping and Returns policy.

Please review this policy before placing an order.

Nothing in these Terms or our Returns and Refund Policy limits any right or remedy available to you under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or another applicable law.


Candle Safety, Performance and Care

Thank you for choosing Kina & Co handcrafted candles.

Candles involve an open flame and must be handled carefully. You are responsible for following the safety, burning and care instructions supplied with your candle and set out below.

To the extent permitted by law, Kina & Co will not be responsible for injury, loss or damage caused by:

  • misuse of a product;

  • failure to follow the safety and care instructions;

  • leaving a candle unattended;

  • placing a candle near flammable materials;

  • using a candle on an unsuitable surface; or

  • otherwise using a candle in an unsafe or unintended manner.

The following information provides general guidance and cannot address every possible situation.

Nothing in this section limits any rights or remedies available under applicable consumer law.


Safety and Burning Instructions

When using a Kina & Co candle:

  • Remove all packaging and any labels that are intended to be removed before lighting the candle.

  • Trim the wick to approximately 6 millimetres before each burn.

  • Place the candle upright on a stable, level and heat-resistant surface.

  • Use the candle in a well-ventilated area.

  • Keep the candle away from draughts, curtains, bedding, paper and other potentially flammable materials.

  • Keep burning candles away from children and pets.

  • Keep the candle within sight while it is burning.

  • Never leave a burning candle unattended.

  • Do not light or continue burning a candle where there is a risk that you may fall asleep.

  • Use a long match or suitable candle lighter and keep hair and loose clothing away from the flame.

  • Do not burn a candle for longer than three to four hours at a time.

  • Allow the wax to cool and harden before trimming the wick or relighting the candle.

  • Use a candle snuffer or wick dipper to extinguish the flame where possible.

  • Never use water to extinguish a candle.

  • Confirm that the flame has been completely extinguished before leaving the candle.

  • Do not touch or move the candle until it has cooled.

  • Stop using the candle when approximately 12 millimetres of wax remains at its base.

  • Exercise particular care if you have an allergy or sensitivity to beeswax, fragrance, colourants or another candle ingredient.

Candle Performance

To support an even burn and help reduce tunnelling:

  • Allow the wax to melt evenly towards the edge of the candle before extinguishing it, where it is safe to do so.

  • As the candle burns, gently push any unmelted wax surrounding the wax pool towards the centre so that it gradually melts into the pool.

  • Keep the wick trimmed to approximately 6 millimetres. A wick that is too long may cause uneven burning, flaring or dripping.

  • Keep the wax pool free from matches, wick trimmings and other debris.

  • If a carbon deposit or “mushroom” forms on the end of the wick, extinguish the candle, trim the wick and relight it.

  • For an even burn, it is important to keep the wick and wax pool centred. If the wick moves off-centre, carefully use a metal tool, such as a wick dipper, to push the base of the wick within the wax pool and reposition it in the centre.

  • When burning multiple candles, leave at least a few inches between them to prevent uneven melting.

Bloom Formation

When not in use, store your candles at room temperature in a dark place.

Beeswax candles may naturally develop a pale or dusty surface known as “bloom”. Bloom is completely natural and does not affect the candle’s performance.

To restore the candle’s shine, gently buff it with a soft cloth. For textured surfaces, gently warm the candle with a hairdryer or heat gun, taking great care not to melt the wax, and the bloom should disappear.


Permitted Use of the Website

You may access and use the Website for lawful personal purposes, including viewing information about Kina & Co and purchasing our products.

You may print or save reasonable extracts of Website content for your own personal and non-commercial use.

You must not, without our prior written permission:

  • reproduce, republish, distribute or commercially exploit Website content;

  • use Website content to create or promote another product, business or service;

  • modify Website content or incorporate it into another publication, website or commercial work; or

  • suggest that Kina & Co endorses or is associated with another business, product or service when that is not the case.

These restrictions do not prevent you from sharing an ordinary link to the Website.

If you create a customer account, you are responsible for keeping your password and login information confidential.

You must notify us if you believe that your account has been accessed without permission.


Prohibited Use

You must not use the Website:

  • for an unlawful, fraudulent, threatening, discriminatory, offensive or harmful purpose;

  • in a way that infringes the rights of another person;

  • to impersonate another person or organisation;

  • to collect information about other Website users without authority;

  • to send spam, unsolicited communications, phishing messages or similar material;

  • to interfere with another person’s use of the Website;

  • to gain unauthorised access to an account, computer system or data;

  • to introduce viruses, malicious code or other harmful material;

  • to disable or interfere with Website security or functionality;

  • through bots, scripts, scraping tools or other automated technology without our permission; or

  • in any other way that could damage, overload or impair the Website.


Our Rights

We may, where reasonably necessary:

  • update or change the Website and its content;

  • add, change or remove Website functionality;

  • temporarily suspend the Website for maintenance, security or operational reasons;

  • withdraw or discontinue all or part of the Website;

  • monitor use of the Website in accordance with our privacy obligations;

  • restrict or block access where we reasonably believe these Terms have been breached; or

  • remove content submitted by a user where it is unlawful, inappropriate or infringes another person’s rights.

We may also take reasonable legal or technical action in response to unlawful use of the Website or a material breach of these Terms.


Intellectual Property

All intellectual property rights in the Website and its content are owned by Kina & Co or used by us with permission from the relevant owner.

This includes intellectual property in:

  • text;

  • photographs;

  • illustrations;

  • graphics;

  • logos;

  • product names;

  • designs;

  • page layouts;

  • Website structure;

  • software; and

  • the overall appearance and presentation of the Website.

Your use of the Website does not transfer any intellectual property rights to you.

You may only use Website content as expressly permitted by these Terms or with our prior written permission.


Information on the Website

We take reasonable care to ensure that information on the Website is accurate and current.

However, occasional errors, omissions or outdated information may occur. We may correct or update information when an issue is identified.

Information about product availability, preparation time, delivery estimates, dimensions, weight, appearance and burn time should be treated as an estimate unless expressly stated otherwise.

Any opinions, reviews or other content submitted by customers or third parties represent the views and experiences of those people.

They do not necessarily represent the views of Kina & Co, and another customer may not have the same experience.


Promotions and Discount Codes

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

Additional conditions may apply to a particular promotion.

Unless otherwise stated:

  • a promotion or discount code cannot be exchanged for cash;

  • only one promotion or discount code may be used per order;

  • promotions cannot be applied retrospectively to completed orders; and

  • a promotion may be changed or withdrawn before an order using it has been accepted.

Nothing in this section allows us to withdraw a promotion from an order that we have already accepted where the promotion was validly applied.


Relationship with Shopify

Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to display and sell our products.

Any contract for the purchase of products through the Website is between you and Kina & Co.

Kina & Co is responsible for the products sold through the store and is the seller or merchant of record unless expressly stated otherwise.

Shopify is not the seller of Kina & Co products and is not responsible for fulfilling your order or providing remedies relating to the products purchased from us.

Shopify may separately process personal information and payments in accordance with its own terms and privacy policies.


Your Rights Under Consumer Law

If you purchase products as a consumer in New Zealand, you may have rights under:

  • the Consumer Guarantees Act 1993;

  • the Fair Trading Act 1986; and

  • other applicable New Zealand consumer laws.

These rights may include remedies where a product is faulty, unsafe, not of acceptable quality, not fit for its intended purpose or does not match its description.

Nothing in these Terms excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, restricted or modified.


Website Availability and Third-Party Services

We take reasonable steps to operate and protect the Website.

However, we cannot guarantee that:

  • the Website will always be available;

  • access will be uninterrupted or free from delay;

  • every feature will operate without error;

  • the Website will be free from viruses or other harmful material; or

  • information transmitted over the internet will always be completely secure.

The Website is provided using third-party technology and services, including Shopify. Website availability may therefore be affected by matters outside our reasonable control.

The Website may contain links to third-party websites or services that we do not own or control.

A link does not necessarily mean that we endorse the third party or its products, services or content.

Third-party websites are governed by their own terms and privacy policies. You access them at your own discretion.


Limitation of Liability

Nothing in these Terms excludes or limits our liability where doing so would be unlawful.

To the extent permitted by law, Kina & Co will not be liable for loss or damage resulting solely from:

  • your misuse of the Website or a product;

  • your failure to follow product safety and care instructions;

  • unauthorised access caused by your failure to protect your account details;

  • the temporary unavailability of the Website;

  • events outside our reasonable control; or

  • your reliance on a third-party website or service that we do not control.

We will not be liable for indirect or consequential loss arising from use of the Website to the extent that this liability may lawfully be excluded.

Nothing in this section limits your rights in relation to defective, unsafe, incorrectly described or otherwise non-compliant products under applicable consumer law.


Your Responsibility for Misuse of the Website

To the extent permitted by law, you will be responsible for reasonable loss or costs directly caused by:

  • your unlawful use of the Website;

  • deliberate damage to the Website;

  • fraudulent or unauthorised activity carried out through your account; or

  • a material breach of these Terms.

You will not be responsible for loss or costs to the extent that they were caused or contributed to by Kina & Co, Shopify or another person.


Privacy

We collect and handle personal information in accordance with our Privacy Policy.

By submitting personal information through the Website, you acknowledge that it will be handled as described in that policy.


Changes to These Terms

We may update these Terms from time to time to reflect changes to our Website, products, business practices, service providers or legal obligations.

The current version will be published on the Website together with its effective date.

Changes will apply from the date the updated Terms are published. They will not retrospectively change the terms applying to an order that we accepted before that date.


New Zealand Law

These Terms are governed by New Zealand law.

If a dispute relating to these Terms or the Website cannot be resolved directly between you and Kina & Co, it will be subject to the jurisdiction of the New Zealand courts.

The Website may be accessible from outside New Zealand. However, we do not represent that the Website, its content or our products comply with the laws of every country from which the Website may be accessed.


Contact Us

Questions about these Terms can be sent to:

Gillian Ann Mark, trading as Kina & Co

Email: hello@kinaandco.nz