Terms & Conditions
These terms and conditions help to keep www.gardengiftcards.co.nz and www.gardenvouchers.co.nz website a safe place to trade and set out the full extent of any agreement reached between you and us in connection with this site. You should understand that by placing an order, you accept the following terms and conditions:
- The www.gardengiftcards.co.nz website is owned and operated by a subsidiary of The Nursery and Garden Industry Assocation, Nurserymens Enterprises Limited ("NEL", "we" or "us") Registered office: Level 5, 23 Waring Taylor Street, Wellington, New Zealand, 6001. Registered number 33774. GST Number 18-452-332.
- NEL has taken every care in the preparation of the content of this website, in particular to ensure that the products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of GST [if applicable].
- Your contract for purchases made through this web site is with NEL, and you undertake that any and all goods ordered by you are for your own private and domestic use only and will not be resold by you to a third party.
- You agree that we can contact you via email.
- No contract for the sale of any product will exist between you and NEL unless and until NEL accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time that NEL sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by NEL of your offer to buy goods from www.gardengiftcards.co.nz website. You will by notified by email when your order has been dispatched.
- Title to any product ordered will pass to you once NEL has received payment in full for that product.
- Credit cards are debited before items are shipped by NEL.
- Orders can only be delivered within New Zealand. Payment is restricted to New Zealand dollars only.
- You undertake that all details you provide to NEL for the purpose of ordering or purchasing goods are correct, that the credit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform NEL as soon as possible. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
- We reserve the right to amend these terms and conditions from time to time and you should look through them as often as possible and each time you purchase from our website. When we make amendments, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. These terms and conditions shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between NEL and you relating to your purchase.
- Greeting Card messages are for your own personal and non-commercial use. You agree that any messages posted by you or sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable. You also agree that you will not impersonate any person.
- You may order up to one Greeting Card per online order of Garden Gift Cards. Only one Greeting Card (indicated by yourself during the order process) will feature your printed message [if you choose this option].
- In the event of a supply difficulty with your selected Gift and/or Greeting Card, we reserve the right to supply an alternative of equal quality in its place.
- Unless otherwise specified, the materials on this website are directed solely at those who access this website from New Zealand. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
- Cancellations & Returns: You may correct errors and/or cancel your order up to the point at which you click on ‘checkout’ on the final page of our ordering process. Please note that Gift Cards are non-refundable, non-returnable and non-exchangeable.
- Orders are usually dispatched the next working day (subject to security verification procedures). A working day is Monday to Friday, excluding Public Holidays.
- Gift Card delivery is by Courier Post Monday to Friday (except Public Holidays). Delivery is usually within 2-3 working days. Saturdays and Sundays are not classed as working days.
- This 2-3 working day period stated is approximate and may be subject to Courier Post delivery services. Goods will be sent to the delivery address given by you in your order.
- www.gardengiftcards.co.nz online shopping is available to customers world wide, but the Gift Cards are for New Zealand delivery only.
- Nurserymens Enterprises Limited makes no warranties, representations or undertakings about any of the content of this website (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content), or any content of any other website referred to, referred by or accessed by hypertext link through this website (‘3rd party site’).
- Nurserymens Enterprises Limited does not endorse or approve the content of any 3rd party site, nor will Nurserymens Enterprises Limited have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any 3rd party site infringes any law or the rights of any person or entity).
- To the extent permitted by applicable law, Nurserymens Enterprises Limited disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Nurserymens Enterprises Limited shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
- Nurserymens Enterprises Limited makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Nurserymens Enterprises Limited shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
- You are entirely responsible for any Greeting Card message text and Nurserymens Enterprises Limited accepts no liability for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send messages.
- www.gardengiftcards.co.nz website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with New Zealand Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of New Zealand. All contracts are concluded in English.
- Nurserymens Enterprises Limited will do its best to correct errors and omissions as quickly as practicable after being notified of them.
- All rights, including copyright and database right, in www.gardengiftcards.co.nz website and its contents, are owned by or licensed to Nurserymens Enterprises Limited, or otherwise used by Nurserymens Enterprises Limited as permitted by applicable law.
- In accessing www.gardengiftcards.co.nz website and its contents, you agree that you will access the contents solely for your own private use but not for any commercial or public use.
- Except as permitted above, you undertake not to copy, store in any medium (including in any other website), distribute, re-transmit, broadcast, modify, or show in public any part of www.gardengiftcards.co.nz website without the prior written permission of Nurserymens Enterprises Limited or in accordance with the Copyright Act 1994. You also undertake not to incorporate any of this website’s content into or store it in any other website, electronic retrieval system, publication or other work in any other format (whether hard copy, electronic or other) without prior permission from Nurserymens Enterprises Limited. In order to avoid doubt, framing of this site, or any part of it, is not permitted without express permission.
- The Scheme shall be known as the Go Gardening Gift Card Scheme
- The address of the Scheme shall be that of the Nursery and Garden Industry Association (hereinafter called the ‘Association’).
- Go Gardening gift cards may be exchanged for goods at retail outlets that are members of the Association, these cards cannot be exchanged for cash.
- A Go Gardening gift card expires 24 months from the date written on the back of the card. If there is an unused available balance on the card at the time it expires, that unused available balance becomes the property of Nurserymen's Enterprises Ltd.
- A post-November 2010 Go Gardening Gift Voucher expires 24 months from the date written on the back of the voucher. If the voucher unused available at the time it expires, that unused value becomes the property of Nurserymen's Enterprises Ltd.
Management Of The Scheme
- Operations and management of the Scheme shall be vested in Nurserymen’s Enterprises Ltd (otherwise known as ‘NEL’).
- When you supply any personal information to Nurserymens Enterprises Limited (eg when purchasing Gift Cards online) we will fulfil our legal obligations to collect the information fairly, let you know how we will use it and will not pass your information to anyone else unless specifically agreed by you beforehand. We will hold your personal information on our systems for as long as you use the service you have requested, and remove it in the event that the purpose has been met. We will ensure that all personal information supplied is held securely, in accordance with the Privacy Act 1993.
- You have the right to request a copy of the personal information Nurserymens Enterprises Limited holds about you and to have any inaccuracies corrected.
www.gardengiftcards.co.nz is provided by Nurserymens Enterprises Limited, Level 5, 23 Waring Taylor Street, Wellington, New Zealand, 6001.
Tel: 64 4 918 3511 Fax: 64 4 499 9589