Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- Overview
Common Mistakes With Ecommerce Shipping
- Using copied terms that do not fit NZ law
- Promising too much on delivery times
- Forgetting pre-orders, backorders and split shipments
- Not matching the returns process to shipping promises
- Burying key terms at checkout
- Ignoring packaging and labelling obligations
- Assuming software automation solves contract problems
- Not documenting exceptions and manual decisions
- Key Takeaways
Shipping issues can undo a great online sale. New Zealand retailers often get caught by the same problems: promising delivery dates they cannot control, copying overseas shipping terms that do not fit NZ consumer law, and leaving key points buried in checkout pages or courier emails. The result can be chargebacks, refund disputes, upset customers and extra costs that eat into margin.
Your shipping terms and delivery policy should do more than tell people when a parcel might arrive. They should explain who carries risk, what happens if stock is delayed, how rural delivery works, when title passes, what you will do about lost or damaged items, and how your policy fits with the Consumer Guarantees Act and the Fair Trading Act. That matters before you sign with a courier, before you print labels, and before you launch an online store.
This guide covers what ecommerce shipping means for New Zealand businesses, the legal issues to check before you sign courier or fulfilment contracts, and the common mistakes founders make when writing delivery policies.
Overview
Ecommerce shipping is partly an operations issue and partly a contract and consumer law issue. Your delivery policy, checkout wording, courier terms, returns process and customer communications all need to line up so you are not making promises you cannot keep or shifting risk in a way the law does not allow.
- Make sure your shipping promises match your actual fulfilment process and courier service levels.
- Set out delivery timeframes carefully, using estimates rather than guarantees unless you can truly control timing.
- Check how loss, damage, delays, authority to leave, signature requirements and rural delivery are handled.
- Review courier, warehouse or third party fulfilment contracts before you sign, especially liability caps and claims windows.
- Align your delivery policy with NZ consumer law, your returns policy, privacy policy, and checkout wording.
- Keep records of dispatch, tracking, customer communications and policy acceptance in case a dispute arises.
What Ecommerce Shipping Means For New Zealand Businesses
Ecommerce shipping is the legal and practical framework around how goods move from your online store to your customer. It is not just postage pricing. It covers the promises you make, the contracts you sign, and the way risk and responsibility are allocated once an order is placed.
For many founders, shipping feels like an operations task handed over to a courier. That is where businesses often get caught. If your website says one thing, your confirmation email says another, and your courier contract limits compensation to a very low amount, you may be left carrying the cost of a customer complaint.
Your delivery policy is part of the customer contract
When a customer buys from your website, the terms available at checkout can become part of the deal. If your delivery policy says orders are dispatched within one business day, or that overnight delivery is available nationwide, customers may rely on that statement.
That means your policy needs to be accurate, current and written in plain English. Vague wording can create uncertainty. Overconfident wording can create liability.
Your policy will usually need to address:
- where you deliver, including any exclusions for offshore islands, PO boxes or rural addresses
- dispatch times versus delivery times
- whether delivery dates are estimates or guaranteed
- shipping charges and when they are calculated
- signature required or authority to leave options
- what happens if an order is delayed, split or partially fulfilled
- what happens if goods arrive damaged or go missing
- how returns, exchanges and redelivery costs are handled
NZ consumer law still applies
You cannot contract out of core consumer protections when selling to consumers in the usual way. If goods are not supplied within the agreed time, or within a reasonable time if no time was agreed, that may create consumer law issues. If your advertising suggests fast shipping and that claim is misleading, Fair Trading Act concerns can arise as well.
The practical point is simple: your policy should not suggest that all delays are the customer’s problem or that your store has no responsibility once an item leaves the warehouse. Some limits may be reasonable in a business to business context, but consumer sales need more care.
Shipping affects more than parcels
Shipping terms also overlap with privacy, payment risk and supplier contracts. If you use a third party logistics provider, marketplace platform, dropshipping supplier or fulfilment software, you are likely sharing customer names, addresses and phone numbers. Those arrangements should match your privacy disclosures and your service contracts.
If you sell fragile, perishable, made to order or high value goods, the shipping clause matters even more. A candle brand, skincare store and electronics retailer may all sell online, but the right delivery wording will differ because the risks differ.
Founder example: where a simple promise causes trouble
A Wellington online retailer advertises “next day delivery NZ wide” based on metro courier performance. Orders then start going to rural addresses and South Island destinations during a busy period. Some parcels arrive three days later, customers complain, and the business offers refunds to keep peace.
The issue is not just service. The issue is the promise. A better policy would distinguish dispatch from delivery, explain exceptions for rural and peak periods, and avoid a blanket claim that is hard to substantiate.
Legal Issues To Check Before You Sign
Before you sign a courier, freight or fulfilment contract, check whether the paperwork matches the promises on your website and the value of the products you sell. The main risk is assuming the courier carries losses that actually sit with your business under the contract.
Liability caps and excluded losses
Courier and freight terms often cap liability at a fixed amount per parcel or exclude certain types of loss altogether. That may be manageable if you ship low value accessories. It is a bigger issue if you ship premium electronics, custom products or items with a high replacement cost.
Before you sign, review:
- the maximum compensation per item or consignment
- whether cover applies to loss only, or also damage and delay
- excluded categories, such as glass, perishables, jewellery or dangerous goods
- whether consequential loss is excluded
- whether extra cover or transit insurance is available
If your average order value is above the courier’s cap, your customer may still expect a replacement or refund from you. That gap needs to be understood before you commit.
Claims procedures and short deadlines
A good claim is no use if it is made too late. Many courier contracts require loss or damage claims within a short timeframe, sometimes only a few days after delivery or the expected delivery date.
This is where founders often get caught after a busy sales period. If your support team does not escalate missing parcel complaints quickly, you may lose the right to recover from the courier.
Your internal process should cover:
- when a parcel is treated as delayed versus lost
- who monitors tracking exceptions
- how customer complaints are logged
- what evidence is required, such as photos, packaging details and proof of dispatch
- who submits claims and within what timeframe
Delivery estimates, guarantees and service credits
If a provider markets overnight or express services, read the fine print. Some service levels are only targets, not guarantees. Others may offer service credits rather than compensation for customer losses.
That matters before you promise Christmas delivery, same day dispatch or guaranteed arrival dates on promotional pages. Your external promises should reflect what your supply chain actually commits to.
Authority to leave and proof of delivery
Authority to leave can reduce failed deliveries, but it also shifts practical risk. If a parcel is left unattended and then goes missing, disputes can become messy.
Your contract and customer-facing policy should be consistent about:
- whether authority to leave is available
- who bears the risk once goods are left as instructed
- when signature on delivery is required
- what counts as proof of delivery
High value items often justify stricter settings, even if shipping costs more.
International shipping terms
If you ship outside New Zealand, customs delays, duties, import taxes and local restrictions should be addressed clearly. Do not assume overseas wording copied from another store suits your business.
International delivery policies often need to explain:
- whether duties and taxes are included or payable by the customer
- that customs clearance can affect timing
- which countries are excluded
- what happens if an order is refused at the border or returned to sender
If you use cross-border fulfilment platforms, check the platform contract as well as the courier terms.
Privacy and data handling
Shipping usually involves disclosing customer details to couriers, fulfilment providers and software tools. Under the Privacy Act 2020, businesses should be transparent about how personal information is used and disclosed.
Before you sign with providers, think about:
- what customer data is shared for fulfilment
- whether any provider stores data overseas
- how long delivery data is retained
- what happens if there is a data incident involving shipping information
Your privacy policy and supplier contracts should reflect the reality of your fulfilment process.
Business to business supply arrangements
If you sell to stockists, wholesalers or other businesses, shipping terms may sit inside a broader supply agreement or terms of trade. This is where title, risk, Incoterm-style arrangements for exports, minimum order values and delivery acceptance procedures become more detailed.
Business to business contracts can sometimes allocate risk more aggressively than consumer-facing policies. The key is to keep your wholesale terms, invoice wording and operational process aligned.
Common Mistakes With Ecommerce Shipping
Most ecommerce shipping disputes come from avoidable wording problems and mismatched processes. A clear delivery policy will not fix every courier delay, but it can stop a routine issue becoming a legal or customer service problem.
Using copied terms that do not fit NZ law
A common mistake is copying a shipping clause from an overseas store or platform template. Those clauses may refer to foreign laws, unrealistic disclaimers or concepts that do not sit neatly with New Zealand consumer protections.
For example, wording that says the store is never responsible once goods leave the warehouse may be too broad for consumer sales. It can also undermine trust if the rest of the site sounds customer-friendly.
Promising too much on delivery times
Marketing teams love strong delivery statements. Legal and operations teams usually inherit the fallout. If your site says “overnight delivery” or “arrives in 1 to 2 days”, that should be true for the products, destinations and stock levels covered by the statement.
A safer approach is often to separate:
- processing time, such as how long you need to pick and pack
- dispatch timing, such as when the parcel leaves your premises
- delivery estimates, which depend on destination and carrier performance
- busy period exceptions, such as public holidays, promotions and pre-orders
Forgetting pre-orders, backorders and split shipments
If you sell goods that are not yet in stock, your delivery policy should say so clearly. Customers get frustrated when a site looks like goods are ready to ship but the confirmation email later reveals a delay.
Spell out what happens where:
- some items are in stock and some are not
- an order will be shipped in multiple parcels
- a pre-order date changes due to supplier delays
- the customer wants to cancel because the item is late
This is especially important for product drops, seasonal lines and imported stock.
Not matching the returns process to shipping promises
Shipping and returns should not be written in isolation. If your returns policy says customers pay return freight in all cases, but the product arrived damaged or was the wrong item, that position may not be appropriate.
Your customer support team should know when the business will cover:
- reshipping costs
- replacement goods
- return labels or return freight
- refunds for undelivered orders
Internal inconsistency creates complaints fast.
Burying key terms at checkout
If a term really matters, make it visible. Customers should not need to hunt through several screens to find out that rural delivery adds time, authority to leave changes risk, or bulky items have separate freight charges.
Important shipping terms often need to appear in more than one place:
- on product pages where relevant
- in the delivery policy
- at checkout
- in confirmation emails
- in customer support scripts
Ignoring packaging and labelling obligations
Legal risk is not only in the wording. If goods are packed poorly, labelled incorrectly or sent through the wrong service, damage and compliance problems can follow. That matters for fragile items, batteries, cosmetics, food products and other goods with special handling requirements.
Before you print labels, confirm that your packaging process matches the courier’s requirements and any product-specific rules. A courier contract may exclude liability where packaging is considered inadequate.
Assuming software automation solves contract problems
Shipping apps and platform integrations are useful, but they do not decide who bears legal responsibility. If the app auto-displays a delivery estimate, auto-selects authority to leave, or sends delay updates, those automations should still be reviewed from a legal and customer communications perspective.
This is particularly relevant where several systems interact, such as your storefront, warehouse software, courier platform and customer support helpdesk.
Not documenting exceptions and manual decisions
Founders often make sensible one-off decisions to keep a customer happy, then forget to record them. Later, staff treat that exception as the standard rule.
Keep clear internal guidance on goodwill refunds, redelivery fees, missing parcel escalation and high-risk orders. Consistency reduces disputes and helps your team respond quickly.
FAQs
Do New Zealand online stores need a delivery policy?
There is no single rule saying every online store must have a separate delivery policy, but in practice it is a smart and often necessary part of selling online. It helps set expectations, supports your customer contract and reduces confusion around timing, charges and lost parcels.
Can I say I am not responsible once the parcel is shipped?
Be careful with that wording. Broad disclaimers may not sit well with NZ consumer law, especially for consumer sales. It is better to explain your process clearly, state when risk may pass in specific circumstances, and avoid blanket statements that overreach.
Should my shipping terms be separate from my website terms?
Sometimes yes, sometimes no. Many stores include a dedicated delivery policy alongside broader website terms and conditions or sale terms. The key point is that the terms are easy to find, written clearly and consistent across your site and checkout flow.
What if a courier loses a parcel?
Your first step is to check your courier contract, tracking data and claims deadline. From the customer’s perspective, you may still need to offer a practical solution such as replacement, refund or investigation updates, depending on the circumstances and your legal obligations.
Do I need different shipping terms for wholesale customers?
Usually, yes. Wholesale and business supply arrangements often justify more detailed clauses about title, risk, acceptance, freight charges and damaged goods claims. Those terms should sit in your supply contract or trade account terms rather than relying only on retail website wording.
Key Takeaways
- Ecommerce shipping is not just a logistics issue, it is part of your customer contract and risk allocation.
- Your delivery policy should clearly cover dispatch times, delivery estimates, rural and international exceptions, lost or damaged parcels, and returns-related freight issues.
- Courier and fulfilment contracts need careful review before you sign, especially liability caps, claims deadlines, excluded goods and proof of delivery terms.
- NZ consumer law and fair trading rules still apply to delivery promises, so avoid broad disclaimers and unrealistic shipping claims.
- Your website wording, checkout flow, privacy disclosures, customer support scripts and operational process should all match.
- Founders should revisit shipping terms whenever they change courier providers, expand internationally, add pre-orders, or start using third party fulfilment.
If you want help with delivery policies, courier contracts, consumer law wording, privacy disclosures, you can reach us on 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.






