Effective date: 2/11/2026
Kia ora, and welcome to The Moody Bohotique. These terms explain how our website works, how we sell to you, and what you can expect from us, including your rights if something goes wrong. We’ve tried to keep them clear and friendly. Please take a few minutes to read them before you shop.
1. About us and these terms
1.1 In these terms, “we”, “us” and “our” mean The Moody Bohotique Limited, a company registered in New Zealand (company number 9460850), trading as The Moody Bohotique, based in Christchurch, New Zealand. “You” and “your” mean the person using our website or buying from us.
1.2 These terms apply to your use of https://themoodybohotique.com (the “website”) and to every order you place with us through it.
1.3 Our Privacy Policy, shipping information, returns information and any promotion-specific conditions (such as discount code terms) also form part of these terms. If anything in those documents conflicts with these terms, these terms apply, unless the other document specifically says otherwise.
2. Acceptance of these terms
2.1 By browsing the website, creating an account or placing an order, you agree to these terms. If you don’t agree, please don’t use the website or place an order.
2.2 When you place an order, you’ll be asked to confirm that you have read and accept these terms. The version of these terms that applies to your order is the version published on the website at the time you place it.
3. Your rights under New Zealand law
3.1 Nothing in these terms limits or excludes any rights you have under the Consumer Guarantees Act 1993 (“CGA”), the Fair Trading Act 1986 or any other New Zealand law that cannot lawfully be excluded. If any part of these terms appears to do that, it won’t apply to the extent that it would.
3.2 If you are buying goods for the purposes of a business (for example, to resell), you agree that, to the extent permitted by section 43 of the CGA and sections 5C and 5D of the Fair Trading Act 1986, the CGA and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to that purchase, and that it is fair and reasonable for the parties to be bound by this clause. [Decision: keep this business-purchase clause, or remove it if you don’t expect to sell to businesses.]
4. Eligibility and accounts
4.1 To place an order you must be at least 18 years old, or be using the website with the involvement and permission of a parent or guardian who accepts these terms on your behalf.
4.2 You can check out as a guest or create an account. If you create an account, please give us accurate, current details and keep them up to date.
4.3 You’re responsible for keeping your password safe and for activity on your account. If you think someone else has accessed your account, please contact us straight away.
4.4 We may suspend or close an account if we reasonably believe it’s being used fraudulently, in breach of these terms, or in a way that could harm us, other customers or the website. You can ask us to close your account at any time.
5. Our products
Images, descriptions and colour variation
5.1 We carefully curate gothic, dark romance and boho goods, including clothing, bags, jewellery, art prints and framed posters, candles, tarot and oracle decks, home decor, books and accessories. Our products are sourced from wholesale suppliers.
5.2 Some product photos are supplied by our suppliers, and colours, textures and finishes can look different depending on lighting, photography and your screen settings. Measurements and sizes are approximate. Natural materials, handmade elements and artisan finishes (such as crystals, wax, wood, metal and printed fabrics) can also vary slightly from piece to piece.
5.3 We do our best to describe every item accurately. Minor variations in colour, pattern or finish of the kind described above are not a fault. However, if the item you receive is significantly different from its description or photos, it won’t match its description, and you’ll have rights under the CGA (see clause 12).
Fragile and decorative items
5.4 Some candles and decor items are decorative and fragile. Where a product description says an item is decorative only (for example, not intended to be lit, or not suitable for food or water), please use it only as described.
6. Prices and pricing errors
6.1 All prices are in New Zealand dollars (NZD). Prices include GST at the current rate.
6.2 Shipping charges are not included in product prices. They are shown separately at checkout before you pay (see clause 10).
6.3 We may change our prices at any time, but changes won’t affect an order we have already accepted.
6.4 Despite our best efforts, a product may occasionally be listed at an obviously incorrect price (for example, because of a typing or system error). If we notice a pricing error before we accept your order, we’ll contact you and give you the choice of buying the item at the correct price or cancelling your order with a full refund of anything you’ve paid. If an error is discovered after we’ve accepted your order, we will only cancel the order where the law allows us to do so (for example, under the mistake provisions of the Contract and Commercial Law Act 2017), and we’ll refund you in full.
7. Discount codes and promotions
7.1 From time to time we may offer discount codes (for example, a launch code) or other promotions. Each code or promotion is subject to its own stated conditions, such as an expiry date, minimum spend or eligible products.
7.2 Unless the conditions say otherwise:
- only one discount code can be used per order;
- codes can’t be exchanged or redeemed for cash, and can’t be applied to orders that have already been placed;
- codes don’t apply to shipping charges;
- we may withdraw or change a promotion at any time, but this won’t affect orders already accepted.
7.3 If you return an item that was bought with a discount, any refund will be based on the amount you actually paid for that item.
7.4 We may cancel the use of a code if we reasonably believe it has been used fraudulently or in breach of its conditions.
8. Orders and when a contract is formed
8.1 When you place an order, you’re making an offer to buy the products in your cart on these terms. Before you submit your order, you’ll have the chance to review it and correct any input errors.
8.2 After you place your order, we’ll send you an email acknowledging that we’ve received it. That email is not acceptance of your order.
8.3 A contract between you and us is formed when we accept your order, which happens when we send you an email confirming that your order has been dispatched (or, if earlier, a separate email expressly confirming that we’ve accepted it). [Decision: confirm your WooCommerce email wording matches this – the default “order received/processing” email should not say the order is accepted.]
8.4 We may decline or cancel an order before acceptance for a valid reason, for example if an item is out of stock, there is a pricing or description error, we can’t deliver to your address, payment isn’t authorised, or we suspect fraud. If we do, we’ll let you know and refund anything you’ve paid in full.
8.5 Our contract with you is formed and recorded electronically in accordance with Part 4 of the Contract and Commercial Law Act 2017. Please keep a copy of your order confirmation emails.
9. Availability and limited stock
9.1 Many of our products are curated in small quantities and stock is limited. Once an item has sold out, we may not be able to restock it.
9.2 Adding an item to your cart does not reserve it. Items are allocated in the order that completed orders are received.
9.3 Occasionally an item may sell out or turn out to be unavailable after you’ve ordered it (for example, because of a stock discrepancy or a supplier issue). If this happens, we’ll contact you as soon as possible and either offer a suitable alternative (only if you agree) or refund you in full for the unavailable item, including any shipping you paid that relates to it.
10. Payment
10.1 We accept payment by credit or debit card and by Afterpay. We don’t accept other forms of payment.
10.2 Card payments are processed securely by our third-party payment provider. We don’t see or store your full card details.
10.3 Afterpay is provided by a third party and is subject to Afterpay’s own terms and conditions, including its eligibility criteria and any late fees it may charge. Your instalment agreement is with Afterpay, not with us. If you return an item bought with Afterpay, refunds are processed through Afterpay in line with its terms.
10.4 Payment is taken when you place your order. If we cancel your order, or an item is unavailable, we’ll refund the relevant amount to your original payment method.
11. Shipping and delivery
Where we deliver
11.1 We deliver to addresses within New Zealand only. We don’t ship internationally, and we can’t deliver to international freight forwarders.
Shipping costs
11.2 Shipping is charged by shipping class (based on the size, weight and fragility of the items in your order) and is calculated and shown at checkout before you pay. We do not offer free shipping.
11.3 Deliveries to rural addresses incur an additional rural delivery surcharge of $6.00 per order [Decision: confirm whether this is per order or per parcel]. Please make sure you select the rural delivery option at checkout if your address is rural. If a rural address is not identified at checkout, we may contact you to collect the surcharge before dispatch.
Dispatch and delivery times
11.4 We aim to dispatch orders within [1–3] business days of payment. Orders are sent using NZ Post or another courier. Once dispatched, delivery usually takes [1–3] business days for urban addresses and [2–5] business days for rural addresses and some remote areas.
11.5 Dispatch and delivery times are estimates only. Delays can happen because of carrier delays, weather, public holidays, peak periods or other things outside our control. We’ll keep you updated if we become aware of a significant delay. Under the CGA, goods must be delivered within a reasonable time or by any time we have agreed with you.
11.6 Please make sure your delivery address and contact details are correct. If a parcel is returned to us because of an incorrect or incomplete address, or because it wasn’t collected, we may charge you the cost of re-sending it.
Risk and ownership
11.7 The risk of loss or damage to your order stays with us until it is delivered to you (or to the address you gave us, including where the carrier leaves it at that address in line with your delivery instructions or an “authority to leave”). Ownership of the products passes to you once we’ve received full payment.
Damaged, missing or incorrect items
11.8 We pack every order carefully, especially fragile candles and decor. If your order arrives damaged, has items missing, or you receive the wrong item, please contact us within 48 hours of delivery if you can, with your order number and clear photos of the item(s), the packaging and the shipping label. This helps us lodge a claim with the carrier quickly and sort things out for you faster.
11.9 If you can’t contact us within 48 hours, please still get in touch. The 48-hour timeframe is a request to help us resolve transit claims; it does not limit your rights under the CGA. Where an item arrived damaged in transit, we’ll offer a replacement or a refund (including the relevant shipping) as appropriate.
11.10 If your tracking shows your parcel as delivered but you haven’t received it, please contact us and we’ll work with the carrier to investigate.
12. Faulty goods and your Consumer Guarantees Act rights
12.1 Our products come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993. Among other things, products must be of acceptable quality, fit for any particular purpose you made known to us, match their description and any sample, and be delivered within a reasonable time.
12.2 If a product fails to meet one of these guarantees, please contact us with your order number, a description of the problem and photos if possible. We may ask you to return the item so we can assess it.
12.3 Your remedies depend on how serious the problem is:
- if the problem can be fixed and is not serious (not a “failure of a substantial character”), we may choose to repair the item, replace it, or refund you;
- if the problem is serious (a “failure of a substantial character” – for example, the item is unsafe, or you wouldn’t have bought it if you’d known about the problem), you can choose to reject the item and get a replacement or a full refund, or keep it and receive compensation for any drop in its value;
- you may also be entitled to compensation for other reasonably foreseeable loss or damage caused by the failure.
12.4 Where an item is faulty, we will cover the reasonable cost of returning it to us (or arrange collection if the item is too large or fragile to return easily) and of sending any repaired or replacement item back to you.
12.5 The CGA guarantees don’t cover problems caused by misuse, accident, ordinary wear and tear, failing to follow care or safety instructions, or something you were told about before you bought the item (for example, a disclosed imperfection on a sale item). They also don’t cover a change of mind – see clause 13 for our change-of-mind policy.
12.6 The time you have to raise a problem under the CGA is not a fixed period – it depends on what a reasonable consumer would expect for that type of product and its price.
13. Candle and home decor safety
14.1 Candles are an open flame and must be used with care. When using any candle from us, please:
- never leave a burning candle unattended, and keep it out of reach of children and pets;
- burn candles on a stable, heat-resistant surface, away from anything flammable such as curtains, books, decorations and drafts;
- follow any burn-time, wick-trimming and care instructions on the label or product page;
- stop using a candle when only about 1 cm of wax remains, or if the container becomes very hot, cracked or damaged;
- never move a candle while it is burning or while the wax is liquid.
14.2 Some candles and decor items are sold as decorative only and are not designed to be lit or used for any other purpose. Please use them only as described.
14.3 If you or someone in your home has allergies or sensitivities to fragrances, essential oils or other ingredients, please check the product information before use, and contact us if you need more details.
14.4 To the extent permitted by law, we are not responsible for damage, loss or injury caused by using a candle or decor item contrary to these instructions or the product’s labelling. This does not limit your rights under the CGA if the product itself is faulty or unsafe.
14. Tarot, oracle and spiritual products
15.1 Tarot and oracle decks, crystals, books and similar products are sold for entertainment, creativity and personal spiritual reflection only.
15.2 They are not a substitute for professional advice. Nothing we sell or publish is medical, psychological, legal, financial or other professional advice, and you shouldn’t rely on it to make important decisions. If you need advice of that kind, please speak to a qualified professional.
15.3 We make no claims that any product has supernatural, healing or predictive properties.
15. Intellectual property
16.1 The website and its content, including our name, logo, branding, text, graphics, our own photographs and the overall look and feel of the site, are owned by us or our licensors and are protected by New Zealand and international intellectual property laws.
16.2 Some product images, artwork and designs belong to our suppliers or the original artists, and are used with their permission. Buying an art print, poster or other product gives you ownership of that physical item only – it doesn’t give you any right to copy, reproduce or commercially use the artwork or design.
16.3 You may view and print pages from the website for your own personal, non-commercial use. You must not copy, reproduce, republish, distribute or use our content for any other purpose without our written permission.
16. Acceptable use of the website
17.1 You agree to use the website lawfully and respectfully. You must not:
- use the website for any fraudulent or unlawful purpose, or to place false or speculative orders;
- try to gain unauthorised access to the website, our systems or other customers’ accounts;
- introduce viruses, malware or other harmful code, or do anything that could disrupt, damage or overload the website;
- use bots, scrapers or other automated tools to collect content, prices or data from the website without our permission;
- impersonate any person or misrepresent your connection with anyone;
- harass, abuse or threaten our team or other customers.
17.2 We aim to keep the website available and accurate, but we can’t guarantee it will always be uninterrupted, error-free or free of harmful components. We may change, suspend or withdraw any part of the website at any time.
17.3 The website may contain links to third-party websites (such as Afterpay or carrier tracking pages). We don’t control those websites and aren’t responsible for their content or practices.
17. Reviews and user content
18.1 We love hearing from you. If you post a review, comment, photo or other content on our website or tag us on social media (“user content”), you confirm that:
- the content is honest, reflects your genuine experience and is your own;
- you have the right to share it, including the permission of anyone shown in a photo;
- it isn’t misleading, defamatory, offensive, obscene, discriminatory, or in breach of anyone else’s rights or any law.
18.2 You keep ownership of your user content. By submitting it to our website, you give us a non-exclusive, royalty-free, worldwide licence to use, display, reproduce and share it on our website, social media and marketing materials, with credit where practical. For content you post on your own social media accounts, we’ll ask for your permission before reusing it.
18.3 We don’t edit reviews to change their meaning, and we won’t remove reviews simply because they are negative. We may decline to publish or remove user content that breaches this clause, contains personal information, or is unrelated to our products. We may moderate reviews to ensure they meet this clause, consistent with our obligations under the Fair Trading Act 1986.
18.4 If you received a free product, discount or other incentive in return for a review, please say so in your review.
18. Privacy
19.1 We collect and use your personal information (such as your name, contact details, delivery address and order history) to process and deliver your orders, manage your account, provide customer service and, if you agree, send you marketing. We handle your personal information in accordance with the Privacy Act 2020.
19.2 Our Privacy Policy, available at Privacy Policy, explains in more detail what we collect, how we use and store it, who we share it with (for example, payment providers, Afterpay, carriers and our website and email service providers), and how you can access or correct your personal information. If you have a privacy concern, please contact us first; you can also contact the Office of the Privacy Commissioner.
Marketing emails
19.3 We will only send you marketing emails or texts if you have consented (for example, by ticking a box at checkout or signing up to our newsletter), in line with the Unsolicited Electronic Messages Act 2007. Every marketing message will identify us and include a working unsubscribe option. You can unsubscribe at any time, and we’ll action your request within 5 working days. We may still send you transactional messages about your orders.
20. Limitation of liability
20.1 Nothing in this clause limits or excludes any rights or remedies you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that cannot lawfully be limited or excluded.
20.2 Subject to clause 20.1 and to the extent permitted by law:
- we are not liable for any loss or damage that was not reasonably foreseeable as a result of our breach of these terms or our negligence;
- we are not liable for any loss of profits, business, revenue or opportunity, where you are buying for business purposes;
- we are not liable for any delay or failure to perform caused by events outside our reasonable control, such as natural disasters, extreme weather, pandemics, strikes, carrier failures or internet outages; and
- our total liability to you in connection with any order is limited to the price you paid for that order, including shipping.
20.3 If you are buying for business purposes and clause 3.2 applies, all warranties, guarantees and conditions not expressly stated in these terms are excluded to the extent permitted by law.
21. Indemnity
21.1 To the extent permitted by law, you agree to indemnify us against any reasonable loss, cost or claim we suffer as a direct result of your fraud, your misuse of the website, or user content you submit that breaches clause 18. This does not apply to loss caused by our own breach of these terms or our negligence, and it does not limit your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
22. Changes to these terms
22.1 We may update these terms from time to time, for example to reflect changes in the law, our products or how we operate. Updated terms will be posted on this page with a new effective date.
22.2 Changes will apply to orders placed after the updated terms are published. They won’t affect orders we’ve already accepted. If you have an account and we make a significant change, we’ll try to let you know by email.
23. General
23.1 If any part of these terms is found to be invalid or unenforceable, the rest of the terms will continue to apply.
23.2 If we don’t enforce any part of these terms straight away, that doesn’t mean we’ve waived our right to do so later.
23.3 You may not transfer your rights under these terms to anyone else without our consent. We may transfer our rights and obligations to another business, but this won’t reduce your rights under these terms or the law.
23.4 These terms, together with the documents referred to in clause 1.3, are the whole agreement between you and us about your use of the website and your orders.
24. Governing law and disputes
24.1 These terms are governed by the laws of New Zealand, and the New Zealand courts and tribunals have jurisdiction over any dispute arising from them.
24.2 If you have a problem or complaint, please contact us first. We’ll acknowledge your message within [2] business days and do our best to resolve things fairly and quickly.
24.3 If we can’t resolve a dispute between us, either of us may take the matter to the Disputes Tribunal of New Zealand (which currently hears claims of up to $60,000) or another appropriate court or tribunal. You may also contact the Commerce Commission or Consumer NZ for information about your rights.
25. Contact us
If you have any questions about these terms, an order, a return or a faulty item, please get in touch:
- The Moody Bohotique Limited (trading as The Moody Bohotique)
- Company number: 9460850
- Christchurch, New Zealand [Decision: add a business or postal address for returns – do not use a personal residential address]
- Email: themoodybohotique@gmail.com
- Website: https://themoodybohotique.com
Ngā mihi for shopping with us.