Terms & Conditions

These Terms set out your agreement with Auckland International Airport Limited (weusour), when you use our online marketplace (The Mall).  If you do not accept these Terms, you must refrain from using The Mall.

1. Preliminary matters

1.1 Our agreement with you

Our agreement with you comprises:

(together, the Terms) and will apply from the earlier of the date that you first indicate your acceptance of these Terms and the date on which you first use the Mall.

1.2 Introduction to The Mall

The Mall is an online shopping destination offering you the ability to purchase a range of items at duty and/or tax free prices from a selection of approved retailers and collect these items at designated Collection Points as you depart from or arrive into Auckland International Airport.

We operate The Mall as an online marketplace to enable you to shop with a number of different retailers at one time and in one convenient location, and to place your order once within a single checkout.

Our Retailers will list a range of items on The Mall to make available to you, and are responsible for providing you with all the necessary information ( such as product descriptions, images and prices) to support your purchasing decision. All prices stated are in New Zealand dollars and reflect the Retailer’s current duty free and tax free price or promotional price for an item.

All payments are managed by our payment partner, Paymark, and any purchase you make will be processed directly by Paymark with the relevant Retailer(s).

As such, you acknowledge and agree that:

  • we are responsible for the online shopping experience, the supporting marketplace ecommerce platform, facilitating order delivery and pick-up at one of our Collection Points, our marketing communications and certain shared aspects of The Mall customer service.
  • we are not responsible for the items offered on The Mall,  any promotions offered by each Retailer, the conduct of the particular Retailer offering those items, or the Retailer’s specific policies (such as returns and refunds) or the management of your payment.

1.3 Eligibility to shop on The Mall

You can shop on The Mall as a guest or as a member of our Strata Club Rewards Programme.  You do not need to be a Strata Club member to make purchases.  These Terms apply to anyone shopping on The Mall as a guest, not as a Strata Club member.

To shop on The Mall you must:

  • hold a confirmed flight booking for an international flight that is scheduled to depart from or arrive into Auckland International Airport (your Scheduled Flight);
  • purchase your selected items on The Mall no earlier than 6 months, and no later than 24 hours, prior to your Scheduled Flight time;
  • be 16 or older (or, if you are under 16, use The Mall only under the direct supervision of a parent or guardian);
  • hold a valid New Zealand or International passport; and
  • hold a valid Visa or MasterCard credit card in your name.

You must be 18 or older to purchase alcohol on The Mall and 17 or over to qualify for the alcohol duty free concession.

1.4 Important provisions

We draw your attention to the following important provisions:

  • you have certain obligations as a User of The Mall. It is important that you always comply with your obligations, so that you do not lose your ability to access The Mall and any associated rights and benefits.
  • special terms and conditions of business may also apply to the use of other services (for example, our Strata Club Rewards Programme) and to your dealings with each individual Retailer on The Mall (such as for Retailer-specific promotions).
  • we need some information from you so we can administer the marketplace and otherwise conduct and develop our business.  We will only collect, use, store and disclose your personal information in accordance with Applicable Privacy Law and these Terms (including our Privacy Policy).
  • by providing your email address or mobile phone number, you consent to us communicating with you by electronic means such as email or text message to send you newsletters or other information we think you may be interested in.  These electronic messages from us will have instructions for how you can remove yourself from our mailing list.
  • you are responsible for ensuring that your personal information is accurate and up-to-date. You may update your personal information by emailing us at help@themall.co.nz
  • capitalised words in these Terms have the meaning set out in section 3.11 (Definitions).

1.5 Your privacy

Your privacy is important to us and we are committed to respecting your privacy at all times.  We will always deal with your personal information in accordance with Applicable Privacy Law and these Terms (including our Privacy Policy). 

Our Privacy Policy sets out how we collect, use, store, and disclose your personal information and it is important you read and understand it.  To review our Privacy Policy please click here.

1.6 Acceptable use

To help us preserve a safe and secure online environment for all of our customers, it is important that you always comply with our Acceptable Use Policy.

1.7 Email and other electronic communications

We are committed to full compliance with the Unsolicited Electronic Messages Act 2007. We will email you an order confirmation for each flight your purchase for and an order updates to support the collection of your order. Your order confirmation email will acknowledge our acceptance of your order, however this will be subject to the Retailer’s acceptance.

By providing us with your contact details, including your email address and/or mobile number, you consent to receiving commercial electronic messages including communications about our services and promotional offers.

You may opt out of those communications at any time by following the instructions that accompany our communication. You will then be removed from the corresponding marketing list as soon as reasonably practical.

2. The Mall

2.1 Ordering your items

Our help pages will guide you through the steps you need to take to place an order (Order Process). You will need to provide all required information to submit a valid order. Our Order Process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each step of the Order Process.

Our Order Process includes the following steps:

  1. Select the item and select the "Add to Cart" button,
  2. Select your preferred pick up location – at departure or on arrival;
  3. Your item will be added to your cart for your preferred pick up location
  4. Add further items for the same pick up location
  5. Review the items in your cart and apply your flight details;
  6. Select the "Proceed to Checkout" button within your shopping cart;
  7. Enter your personal details;
  8. Review your order;
  9. Select "Continue to Payment";
  10. Enter your credit card details and select "Pay Now";
  11. View the order confirmation for the flight you have purchased for;
  12. Receive an order confirmation email with information on how to collect your order.

We may chose not to accept any order you place. Our Retailer may also choose not to accept an order for an item (for instance, due to unavailability of that item or for any other reason), in this instance we will inform you of this and your order or item will be cancelled and refunded.

All orders are subject to the availability of items.  Retailers may revise prices, range of items and the specification of each item at any time and without notice to you.

We may at any time correct all errors and omissions in any advertising or order confirmation. Due to our administrative processes, errors (if any) may be discovered after you have collected your item. We will notify you promptly of any error or omission we discover.

2.2 Charges and payment

You must make full and prompt payment using a valid credit card for all items that you intend to purchase at the time of purchase.

All payments are managed securely by our payment partner and any purchase you make will be processed directly between yourself and the relevant Retailer. We are not party to these transactions.

Your credit card details will be encrypted using a Secure Sockets Layer (SSL) protocol.  We do not hold, store or transmit your payment details.

Once your order is complete your payment will appear on your credit card statement. The amount for each Retailer will appear as a separate charge on your statement. All payments charged to your credit card will be in New Zealand dollars.

If you are purchasing with a credit card issued outside New Zealand, any currency conversion will take place via the relevant Retailer's acquiring bank at the exchange rate applicable at the time of purchase.  By making a purchase on The Mall, you acknowledge and agree to the transaction fees charged by your credit card issuer.

2.3 Allowances and concessions

As an international traveller you are entitled to bring into New Zealand a certain amount/value of goods that are free of Customs duty and exempt Goods and Services tax (GST). This is called your duty free allowance and personal goods concession.  You may be liable for Customs charges if you exceed the New Zealand quantity or value limits on arrival into New Zealand.  Your purchases may also be confiscated at the overseas airport(s) you are travelling to, so we recommend you check the duty free allowance and personal goods concession for the country you are travelling to. You acknowledge it is your responsibility to understand these limits and any liquids, aerosol or gel security restrictions.

For more information on your duty free allowance and personal goods concession, visit the New Zealand Customs Service website at https://www.customs.govt.nz/personal/travel-to-and-from-nz/duty-free-shopping/.

2.4 Collections and flights

Collection:  Your orders must be picked up at one of our Collection Points – there is one at Departures and one at Arrivals in our International Terminal. When you collect your order, you will need to show your passport and a copy of your order confirmation. You will be asked to inspect your items and sign for your order to confirm acceptance.

Flight updates:  It is essential that you promptly tell us if your flight details or flight time has changed so we can update your order or if you miss collecting you order so we can arrange a return and refund.

2.5 Promotions

Types of promotion:  The Mall may offer different types of promotions including:

  • Retailer promotions – being each promotion made available to all shoppers on The Mall, by the particular Retailer making that promotional offer.  These may be subject to additional terms and conditions, notified by the particular Retailer making the promotional offer.
  • Strata Club promotions – being each promotion made available exclusively to members of our Strata Club Rewards Programme;

 
In addition, The Mall may also offer promotional codes from time to time as part of a promotional offer from us or together with one or more of our Retailers. When redeeming a promotional code advertised on The Mall or within our marketing communication, please click the applicable link to read specific promotion details that apply.

These terms and conditions apply to those promotions where you must redeem a promotional code as part of the offer:

  • each promotional code is valid for a limited time only. We may modify or cancel a promotional code at any time.
  • unless otherwise stated, each promotional code can be used only once and there is a limit of one promotional code per customer.
  • each promotional code applies only to qualifying items. Details are specified in the promotion.
  • promotional codes do not apply to gift voucher purchases.
  • restrictions may apply to the promotion, and will be set out in the offer.
  • if the promotion specifies a minimum purchase requirement, that minimum will be calculated on the Retailer's then-current pricing for the items you purchase. 
  • the promotional code is not transferable, may not be resold or redeemed for cash.
  • if you return items purchased using a promotional code, we will subtract the value of the promotional code from your return credit.


If you violate any of these Terms or any additional terms and conditions notified by the relevant Retailer, the promotion will be invalid and the promotional code saving will not apply to your purchase.

2.6 Returns and refunds

If you discover an issue at the time of picking up your item from one of our Collection Points, you will be asked to complete a claims form and leave your item with us and we will notify the Retailer on your behalf to request a return and refund.

If you discover an issue once you have picked up your items, you can contact us at: help@themall.co.nz

You acknowledge and agree that the relevant Retailer's policies will apply to your claim – in particular:

  • the relevant Retailer will decide whether or not to return or refund in the circumstances, in accordance with that Retailer's then-current returns/refunds policy;
  • qualifying refunds will be due and payable by the Retailer that supplied the item, and not by The Mall;
  • qualifying refunds will be paid to the credit card and in the currency that you paid for the item; and
  • customs regulations for duty free and tax free goods means a replacement item cannot be sent to your home address.

2.7 Your conduct

The Mall and its underlying database may only be used as intended by us. When using or accessing The Mall you must not:

  • breach or circumvent any laws, third-party rights or our systems, policies;
  • use The Mall if you are under 16 years old, without the direct supervision of a parent or guardian; or temporarily or indefinitely suspended from using The Mall, websites, services, applications or tools;
  • modify, alter, or remove in any way content generated by us, any Retailers or any of our other associated third parties;
  • act fraudulently or deceitfully;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • initiate or distribute any communications which constitute unsolicited electronic messages under New Zealand law;
  • collect, use, store or disclose or in any way interfere with information regarding other users of The Mall (e.g. email addresses), without their permission;
  • distribute viruses or any other technologies that may harm us, Retailers, any related third parties or the interests or property of users of The Mall;
  • interfere with the working of The Mall, or impose an unreasonable disproportionately large load on our infrastructure;
  • use any robot, data mining tool, data gathering and extraction tools, or other automated means to access The Mall for any purposes, except with our prior permission; or
  • circumvent any technical measures we use to provide The Mall.

3 General matters

3.1 Intellectual property

You acknowledge and agree that all Intellectual Property Rights and interests (including common law rights and interest) in The Mall and all our related products and services are owned by us and our Retailers. Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences belonging to us. All such rights are reserved to us.

You are expressly prohibited from reproducing, disseminating or otherwise publicising, or processing the Intellectual Property Rights without first obtaining our written consent.

3.2 Termination or suspension

We may, at any time without notice and with immediate effect, suspend your right to use, and prevent you from using, The Mall if:

  • you fail to comply with any of the Terms;
  • we consider that The Mall is being, or is likely to be, used fraudulently or in a manner that will jeopardise the security, reputation or integrity of The Mall or our business;
  • an Outage occurs or is reasonably necessary; or
  • it is reasonably necessary for any other reason.


Without limiting our other rights and remedies, in the event that you breach any of these Terms, we may, at our sole discretion:

  • temporarily suspend or block access to The Mall; or
  • permanently block access to The Mall if we determine there are sufficient grounds to do so.

3.3 Limitation of liability

If for any reason we are liable to you under or in connection with these Terms, then to the extent permitted by law, our total liability to you will be limited to a refund of some or all of the price or fee paid by you to us. You should also read the following conditions for further examples of circumstances in which we are not liable.

We will be liable to you only for any loss, damage, cost or expense you suffer or incur to the extent that such loss, damage, cost or expense is a direct and foreseeable result of:

  • our infringement of your rights under any applicable laws including the Contract and Commercial Law Act 2017 and Applicable Privacy Law; and
  • our wilful breach of these Terms or our gross negligence.


Notwithstanding the foregoing, to the fullest extent permitted by law, you agree that we will have no liability (in negligence, tort, breach of contract, or otherwise) for any loss or damage (including direct or indirect loss, or special or consequential loss or damage) arising out of or in connection with:

  • our variation to these Terms from time to time;
  • our actions in accordance with Section 3.2;
  • the installation, use or availability of any products purchased or supplied through The Mall;
  • the use of (or inability to use), the availability of, and or the lack of suitability of goods or services purchased from Retailers for you or anyone else;
  • the availability or access to The Mall;
  • our failure or delay to provide The Mall due to any Events Outside Our Control;
  • the accuracy of information supplied to you by Retailers or third parties;
  • your dealings with Retailers or third parties (and the actions or omissions of such Retailers or third parties);
  • third party websites, applications, products and services (howsoever supplied);
  • your legal and tax obligations and liabilities;
  • information, recommendations or advice given by us or on our behalf to you regarding Auckland Airport services;
  • the breach in the security of your computer, mobile or other device or the access to any information held on your computer, mobile or other device by unauthorised third parties. You are responsible for ensuring the security of the personal information held on your computer, mobile or other device.


We will not under any circumstances be liable for any indirect, special or consequential loss, including but not limited to loss of profit, loss of contract, loss of revenue or loss of business, howsoever arising whether in contract, tort (including negligence) or statutory duty or otherwise.

Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by negligence or for fraud and fraudulent misrepresentation.

You will fully indemnify and compensate us, our employees, sub-contractors and agents  in respect of all actions, suits, claims, demands, costs, charges or expenses arising out of or in connection with your use of The Mall which are caused directly or indirectly through your act, omission, willful misconduct or negligence.

These Terms, including any limitation of liability and indemnities, apply to and are for the benefit of any and all of our related companies, subcontractors, agents, employees and representatives to the same extent as they apply to us.

3.4 Disclaimers

To the fullest extent permitted by law, we make no warranties (express or implied), and make no representations with respect to:

  • the suitability of any goods or services purchased by you or a third party from Retailers;
  • the ability (or inability) to use or access The Mall by you or anyone else;
  • compliance with laws in the country in which you reside. You are responsible for ensuring your compliance with all relevant local laws in the country of your residence.

3.5 Notice and contact details

Any comments relating to The Mall should be made in writing to us by email to: help@themall.co.nz

If you have suggestions as to how we can improve The Mall experience and you wish to provide feedback, please provide us with as much information as possible. This will make it easier for us to respond.

We will try and answer all queries within 5 Working Days. If we cannot, we will tell you when we expect to be able to do so.

Any notice given by us to you pursuant to these Terms and will be deemed to have been given and received by you if we email the notice to you at the last email address you provided to us.

You must promptly notify us of any changes to your email address and contact details. If you change your name you must provide written proof of the name change. If you have not notified us or provided such written proof, we may be unable to process your requests.

3.6 Changes to these terms

We may make changes to these Terms from time to time. When we make changes, we will update these Terms on our website. We will also specify the date of the last update.

Our Retailers may also change from time to time. Retailers may discontinue their participation in The Mall at any time without notice to you.

3.7 Laws of New Zealand apply

These Terms shall be governed by and construed in accordance with the laws of New Zealand. You and we consent to the exclusive jurisdiction of the courts of New Zealand in connection with any legal action that may arise in relation to these Terms and/or The Mall.

3.8 Severance of terms

If any court or competent authority finds that any provision of these Terms (or part of any provision) is, invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

If any invalid, unenforceable or illegal provision of these Terms would be, valid, enforceable and legal if some part of it were deleted, we shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves our original commercial intention.

3.9 Assignment

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

We may transfer, assign or subcontract our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights under these Terms.

3.10 Waiver

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

3.11 Definitions

Applicable Privacy Law means,, the Privacy Act 1993 and the European Union General Data Protection Regulation

Auckland Airport means the Auckland Airport precinct located at Mangere, New Zealand.

Charges means the charges payable by you for The Mall purchases.

Event Outside Our Control means any act or event beyond our reasonable control, including without limitation:

  • cancelled, delayed or early flights;
  • security risks;
  • strikes, lock-outs or other industrial action by third parties;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
  • failure of public or private telecommunications networks.


Intellectual Property Rights 
means all intellectual property rights and interests (including common law rights and interests) in any jurisdiction including (without limitation):

  • patents, trademarks, trade names, service marks, registered designs and all goodwill rights associated with such works, copyright, circuit layouts, database rights, domain names, symbols and logos;
  • patent applications and applications to register trademarks, service marks and designs; and
  • know-how, ideas, concepts, tools, techniques, computer program code, data, inventions, discoveries, developments, trade secrets, information and logical sequences (whether or not reduced to writing or other machine or human readable form).


The Mall 
means the online shopping site and supporting marketplace platform located at themall.aucklandairport.co.nz and any future version of that site as notified from time to time.

Outage means an outage or incident arising from a network or system component that we do not control, including ISP servers, component failures, telecommunications network failures and local area faults.

Retailer means any person or business that we approve to offer goods or services for sale through The Mall.

we, us, our means Auckland International Airport Limited.

Working Day means any day that is not a Saturday, Sunday, Auckland Anniversary Day or a public holiday in New Zealand.

You, your means the person, firm or company contemplated in Section 1.1 of these Terms.

3.12 Interpretation

Headings are for information only and do not affect the interpretation of these Terms.

When we use the words "including" or "includes" in these Terms, this will be read without limiting the surrounding words.

When we use the words "writing" or "written" in these Terms, this will include email unless we say otherwise.

Words in the singular shall include the plural and vice versa, references to any gender shall include the other reference to legal persons shall include natural persons and vice versa.

3.13 Date of last update

These Terms were last updated on 22 April 2018.

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