This policy forms part of our Terms of Use. In opening a Kinwi store you are showing your acceptance of this Policy, our Terms of Use, our Selling Policy and our Privacy Policy. This Policy is an addition to our Selling policy, where we specify the categories of items that are able to be listed on our Platform. Please read this policy carefully and check back from time to time for updates.
Throughout this document, the terms “we”, “us” and “our” refer to Kinwi Limited. The terms “you” and “your”refer to you, the vendor. “Platform” means our marketplace at kinwi.co.nz
We expect you to respect the law. You may only sell items in your possession that you are legally entitled to sell. Illegal items, items that promote illegal activity, and stolen items are strictly prohibited.
When you list items for sale on Kinwi, you must comply with all New Zealand legal requirements. This is solely your responsibility and the information below does not constitute legal advice, it is a guide only. We have provided links to use for educational purposes and it is your responsibility to ensure that you meet any legal and safety requirements.
We have the right to decide what is able to be listed on our Platform and remove any listings at our sole discretion. If Kinwi has reason to believe you, your Content, or your use of the Platform violate our Terms, we may terminate your account (and any account Kinwi determines is related to your account) and your access to the Platform. Generally, Kinwi will notify you that your content or account has been suspended or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
Products sold in New Zealand should be safe. Please check out the information here, as you are legally responsible to make sure the products you are listing are safe. Please read the Commerce Commission’s Product safety and consumer information standards at the following link. Any food and beverage products must comply with the relevant legislation. Please read about Food Safely legislation at the link here.
Pornography of any sort is prohibited. Non-pornographic nudity is permitted, for example, in paintings, drawings or statues. This must be tasteful and unlikely to cause offense.
The Sale and Supply of Alcohol Act 2012 states that the sale of alcohol to the public or any member of the public requires a licence. Unless you hold a current appropriate off-licence certificate you may not list alcohol of any nature on our Platform. The holder of an off-licence certificate that sells alcohol by remote sale using an internet site must display on every listing, in a prominent place;- either a legible image of the licence, or a clearly identified link to such an image showing clearly the holder’s name and licence number, and the date on which the licence expires. Make sure you also include a clear shipping policy to comply with all relevant New Zealand laws. Kinwi may ask you for further details to ensure you have a valid licence. Beer brewing kits and baked goods containing alcohol are able to be sold without a licence.
The sale of live animals is prohibited. You must not sell animals of any kind on our site. Our pet care category is for animal care products only.
Selling ivory or ivory products is prohibited. Items created using any endangered or threatened animal species are prohibited. You may list bones, teeth, feathers and other remains of indigenous and non-indigenous species that are generally believed to be extinct, including moa bones. Moa bones are permitted to be sold in New Zealand as long as they were not found on either Department of Conservation (DOC) owned land or an archeological site. Please see this link for more information about what is considered an archaeology site. Where protected objects, or taonga tuturu are made from, or constructed using, feathers, bones, or other remains of indigenous extinct species, these remain classified as protected New Zealand objects, and the same restrictions apply to their sale. Non ivory animal bones and antlers, leather goods such as shoes, bags and belts are permitted, as well as textiles make from animal hair and wool eg. mohair, alpaca.
All animal traps are prohibited
The sale of bees is prohibited. The sale of new, handmade beehives and beekeeping equipment is permitted.
The sale of Black Coral is prohibited. No person may sell, possess for sale, or process for sale black coral.
Selling candles and candlewicks containing lead is prohibited. Due to their potential to become a fire hazard, it is essential that the candles you make are safe. You should include an appropriate warning label such as: “⚠ WARNING: Burn within sight. Keep away from combustibles. Keep away from children.” If you are selling a freestanding or filled candle (such as a candle in a glass jar or metal tin), you must make sure that it is stable and that the container is designed to withstand the heat generated by the candle.
Children’s nightwear is subject to product safety standards. Please see the link here to view the requirements before you list this item. When making handmade nightwear, for maximum safety choose patterns with snug-fitting designs and look for low fire hazard fabrics and trims. Unless making a snug fitting design avoid fabrics that are: cellulose (cotton, bamboo, linen, cupro, modal, viscose, rayon) acetate, or acrylic rich because these fabrics burn readily. You must include a fire hazard label.
Children’s toys are subject to product safety standards. Children under the age of 36 months are less able to cough up anything they swallow by accident and may choke. To reduce the risk of children choking while playing with a toy, children’s toys must be of a specified size, and not contain small parts designed to be removed from the toy or small pieces that break off easily. Please see the link here before you list a child’s toy to check it meets the requirements. You can download a safety standard factsheet for more detailed information at this link. It is prohibited to sell or supply children’s toys that contain lead above the specified threshold. Toys with high-powered magnets or high-powered magnet sets are banned in New Zealand. Further information about general toy safety can be found here.
Cigarette, tobacco & nicotine replacements, including e-cigarettes, vaping products or products intended for use as a nicotine replacement are prohibited under the SmokeFree Environments and Regulated Products Act 1990. Used, Kiwi made tobacco pipes are permitted to be sold in our Kiwiana category.
Clothing and fabric must have the required labels. These include the fibre content, care label, and the country of origin. This ensures the buyer has accurate information so they can correctly use and care for these products. By following the care instructions the goods are less likely to be damaged or destroyed and more likely to last for a reasonable period of time. This information should be included in your listing so it is clearly visible before purchase. All handmade items on our site are required to be made in New Zealand. Second-hand goods are excluded from these labelling requirements. Other exclusions include; bags, hats, belts, cloths, toys, shoelaces, handkerchiefs, corsets, or footwear. Please familiarise yourself with the labelling requirements at this Commerce Commission link.
As a vendor it is your responsibility to ensure the items you list do not infringe on anyone else’s copyright or other intellectual property rights.
A cosmetic is defined as, “articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness, or altering the appearance.” This includes soaps, shampoos, creams, lotions etc as well as make up. Further information about cosmetic and toiletry regulations can be found here. You must provide all the required labels and warnings, and may only use approved colours & additives, & avoid banned or restricted ingredients. It also means making sure your products are made, packaged, stored, and dispatched in a way that will make sure they do not get contaminated by harmful microorganisms or by unsafe chemicals. The cosmetic fact sheet that can be downloaded here provides information on packaging and labelling requirements. We reserve the right to request information regarding the ingredients in the products you sell and to remove listings that may contain banned, restricted, or potentially unsafe ingredients. As a vendor, you are ultimately responsible for the safety and compliance of your products.
To help reduce the risk of injury to babies and young children, household cots must meet certain design and construction requirements, pass impact, strength and durability tests and have warning labels attached. Please read more here. The product safety standard does not apply to antique or collectible cots, as long as they carry a warning label that is easy to read and displayed on the cot where it can easily be seen.
All drugs are prohibited. You may not list pharmaceutical drugs, recreational drugs (herbal or chemical) or any related paraphernalia on our Platform.
Everyone who manufactures, imports, supplies, retails and trades electrical appliances or fittings in New Zealand must ensure their products comply with New Zealand’s established regulatory framework to ensure their products are safe to use. This includes second hand items.
To list your electrical item on the Kinwi site you must meet essential safety standards, show regulatory compliance marks, and conform to other regulations.
The Electricity Act 1992 requires all electrical products to be of a high quality and standard, so that their construction and maintenance meet the safety requirements within the Electricity (Safety) Regulations 2010. Please refer to the WorkSafe guidelines at the link here for essential safety requirements. Recognised standards for all commonly available electrical products are listed in Schedule 4 of the Regulations.
Anyone who sells electrical and electronic products in New Zealand, including second-hand sales, is responsible for the safety of those products they sell. In order to mitigate risk they should take all reasonable steps to ensure that the product they are selling is safe. Not to take adequate steps may be considered reckless in the event of an accident caused by an unsafe electrical or electronic product that they had sold.
All electrical products sold in New Zealand are required to meet the fundamental safety provisions. Compliance with recognised safety standards (normally NZS or AS/NZS), is necessary for a product to be recognised as being safe. These can be in the form of test reports from recognised testing laboratories. For test reports to be recognised for compliance with New Zealand’s Electrical Safety Standards, the test reports must have been produced by an accredited testing laboratory. Recognised test reports showing how a product complies with the applicable standard and certified by a recognised test laboratory or certification to the same standard, is recognised by the regulations as proof of compliance with the safety fundamentals. Please view the worksafe link here for further information on testing laboratories.
A Supplier Declaration of Conformity (SDoC) is required for declared medium risk articles to be sold in New Zealand. These contain a description of the article and a statement that it complies with the required standard or other safety assurance. The requirement for a Declared Medium Risk Article is found under Regulation 83 of the Electricity (Safety) Regulations 2010 where a product shall not be sold or offered for sale unless the supplier (being the New Zealand manufacturer or importer) has made a Supplier Declaration of Conformity (SDoC) in respect of the article. A copy of a valid SDoC and supporting test report(s) must be produced within 10 days after being asked to do so by Energy Safety. The SDoC must also be available to a consumer or purchaser. Please find more details and examples of what is required at the worksafe link here.
Where instructions are required to safely install and/or use electrical products, these must be in English and provided by the supplier.
All items must have a New Zealand plug with insulated pins. This is a safety feature which adds a plastic insulation sleeve on the metal pins on a plug. These prevent contact with the metal pins while connected to electricity supply. Selling electrical items with foreign plugs, even with an adapter is prohibited. Please see the image below of a New Zealand three pin plug from the worksafe site.
If you are selling a secondhand item in the vintage category and are not sure whether it is electrically safe or compliant, either have the plug replaced and the item checked for safety by a qualified electrician; or alternatively, detach the plug if it is removable, or cut it off if it is wired in. Make it clear in the listing that the plug has been removed and the item will need to be rewired and checked by a qualified electrician before use.
You are welcome to list washable, handmade face masks, including fabric and materials to make masks, but you must not make any therapeutic claims about protecting against Covid-19 or any other communicable virus or disease.
Firewood must be untreated. Treated timber off-cuts are prohibited to be sold as firewood.
Fireworks are prohibited, as well as explosive precursors.
Hand made food and beverages produced for sale in New Zealand must be produced under the Food Act 2014. Please see this link for the requirements to run a food business. It is your responsibility to make sure that the food or beverage products that you sell on the Kinwi Platform are safe and meet the required standards. All hand made food listed on the site must be produced in a registered premise or under an approved food safety programme and registered risk management programme. It must also comply with food labelling requirements, and allergen declarations. Growers selling unprocessed, home-grown fruit and vegetables directly to consumers are exempt from these requirements. Selling whitebait is also exempt from these requirements.
Fur pelts are prohibited.
Gang paraphernalia/memorabilia is prohibited.
Guns, firearms & ammunition are prohibited. This includes any accessory that affixes to the gun in any way. Storage items for guns (such as cases, racks, holsters) may be sold as long as they are not affixed to the gun. Imitation firearms that are realistic enough to be mistaken for the real items are also prohibited.
Any item that is, or contains materials or ingredients that are, among other things, explosive, flammable, or toxic are prohibited. The hazardous substances database can be found here.
Honey and other bee products that are produced for sale in New Zealand must be produced under the Food Act 2014. All honey that is sold in New Zealand must comply with the tutin limits in the Australia New Zealand Food Standards Code and have the required labelling. Please view this link for further information on the food safety rules for beekeepers. Information about labelling requirements can be found here.
Human bodies or products made from human remains, or any product from the human body are prohibited.
Nickel is a strong sensitiser and a significant portion of the population is allergic to it. Please make it clear in your listing if Nickel is used so that consumers with known nickel allergies can avoid purchasing these items.
Lottery and raffle tickets are prohibited. You may not list lottery or raffle tickets for sale, as selling them online is prohibited under the Gambling Act 2003. Please see the link here for further details.
Small high-powered magnet sets are unsafe, and are prohibited be sold for personal use. If they are ingested or inhaled they can become attracted to each other and attach across the intestines, causing severe tissue damage, sepsis, potentially life long complications and even death if left untreated. The ban applies to the sale and supply of small, strong magnets sold in sets of 2 or more, and in situations where children are able to access them. This includes magnet sets that form part of;- a toy, game or puzzle; construction or modelling kits; or jewellery that is worn around the nose or mouth. This ban applies to small high-powered magnets only. You can view the definition in the Prohibition notice here.
Selling medicines is prohibited. Please review the definition of what a medicine is at this link.
Films, videos, DVDs, VCDs and laser disks may be listed in our Kiwiana and New Zealand movie category. These must carry the correct New Zealand sticker showing the classification rating in line with the Films, Videos, and Publications Classification Act 1993. Details on the labelling requirements can be found here.
Natural Health products support health and wellness, and are made from natural ingredients, or synthetic equivalents. You can read more about the regulations regarding natural health products here. We reserve the right to request information regarding the ingredients in the products you sell and to remove listings that may contain banned, restricted, or potentially unsafe ingredients. As a vendor, you are ultimately responsible for the safety and compliance of your products.
Offensive items that promote or glorify hateful, violent, supremacist or intolerant ideologies are prohibited. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups. Items that contain racial slurs or derogatory terms in reference to protected groups are prohibited. Co-opted symbols, such as the swastika, when used in peaceful or religious context (often in Hinduism, Buddhism, and Jainism) are permitted if the item itself possesses features that clearly depict its cultural or religious origin or purpose.
Under the Protected Objects Act 1975 (previously the Antiquities Act), it is an offence to sell protected New Zealand items to people other than registered collectors, public museums and licensed dealers. The Act also regulates the sale and purchase of taonga tūturu. Taonga tūturu means an object that; “relates to Māori culture, history, or society; and was, or appears to have been; manufactured or modified in New Zealand by Māori; or brought into New Zealand by Māori; or used by Māori; and is more than 50 years old.” All taonga tūturu found after 1976 is property of the Crown, but people and groups can attempt to claim ownership through the Maori Land Court. Private sales of taonga tūturu are allowed under section 14 of the Act. Please do your own research and review the information at the links provided before you list your item.
You are unable to state a product prevents, heals or treats a medical condition or disease. If you “cannot adequately substantiate all of the claims relating to the therapeutic benefits of the product, reasonable grounds do not exist for the claims to be made. Such claims are therefore in breach of the Fair Trading Act.” Please see further information regarding this here. Often it is simply a question of wording. For example, a statement in your listing, such as “provides support for ….” escapes therapeutic specificity whereas, “prevents, treats or cures…” attracts liability and would be prohibited under the Medicines Act.
Re-selling tickets is prohibited.
Under section 31 of the Fair Trading Act 1986, the Minister of Commerce and Consumer Affairs can declare goods to be unsafe by publishing a notice in the New Zealand Gazette. The current list of products that are declared as unsafe and prohibited to supply in New Zealand can be viewed at the following link. Please check back from time to time to check for updates. For example, selling candles with lead in the wicks and candlewicks containing lead is banned.
Veterinary medicines are prohibited – you cannot list Prescription Animal Remedies (PAR) or veterinary only medicines.
You may not list any weapon where its possession would constitute a criminal offence under New Zealand legislation. This includes guns and any weapon promoted or intended to cause harm, or be used for attack purposes or violence. Examples include, but are not limited to; – flick knives, switchblades, butterfly knives, gravity knives, double edged knives, knuckle dusters, nun chucks, mace/morning star, flail, pepper spray, tasers, stun guns, throwing knives or axes, ninja stars. Kitchen knives, utility knives, ceremonial knives and letter openers are permitted as long as they are not marketed as being intended for violence. Some survival and practice items may be listed if they are not presented as intended for violent use. Some examples include the following: weapons used for martial arts training, such as wooden bokens & Jos, slingshots, whips, bows and arrows. It is prohibited indefinitely to supply Ninja pistol and Barnett Phantom crossbows, or any pistol crossbow that doesn’t have a safety catch on the firing mechanism. It is solely your responsibility as a vendor to comply with any regulations that apply to the sale and delivery of your products.
We hope these guidelines are helpful, but we are unable to catalogue every permitted or prohibited item. It is up to you to make sure you follow any New Zealand legal and safety requirements. If you see something on Kinwi that appears to violate these rules, you can report it to us here.
