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Terms & Conditions
These terms and conditions help to keep
www.gardengiftcards.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:
General
1. The www.gardengiftcards.co.nz website is owned and
operated by Nurserymens Enterprises Limited ("NEL", "we" or
"us") Registered office: Level 4, The LG Centre, 35 Victoria
Street, Wellington, New Zealand, 6001. Registered number
33774. GST Number 18-452-332.
2. 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].
3. 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.
4. You agree that we can contact you via email.
5. 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 the 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.
6. Title to any product ordered will pass to you once NEL
has received payment in full for that product.
7. Credit cards are debited before items are shipped by NEL.
8. Orders can only be delivered within New Zealand. Payment
is restricted to New Zealand dollars only.
9. 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.
10. 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.
11. 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.
12. 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].
13. 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.
14. 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.
15. 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.
Delivery
1. Orders are usually dispatched the next working day
(subject to security verification procedures). A working day
is Monday to Friday, excluding Public Holidays.
2. 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.
3. 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.
4. www.gardengiftcards.co.nz online shopping is available to
customers world wide, but the Gift Cards are for New Zealand
delivery only.
Disclaimer
1. 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’).
2. 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).
3. 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.
4. 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.
5. 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.
6. www.gardengiftcard.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.
7. Nurserymens Enterprises Limited will do its best to
correct errors and omissions as quickly as practicable after
being notified of them.
Copyright
1. 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.
2. 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
3. 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
1. The Scheme shall be known as the Gardening New
Zealand Gift Card Scheme
2. The address of the Scheme shall be that of the Nursery
and Garden Industry Association (hereinafter called the
‘Association’).
3. Gardening New Zealand Gift Cards may be exchanged for
goods at retail outlets that are members of the Association,
these cards cannot be exchanged for cash.
4. A Gardening New Zealand 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.
Management Of The Scheme
1. Operations and management of the Scheme shall be vested
in Nurserymen’s Enterprises Ltd (otherwise known as ‘NEL’).
2. The security of the funds held by NEL against claims for
redemption, are protected by the Independent Gardening New
Zealand Gift Voucher Trust.
Privacy
1. 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.
2. You have the right to request a copy of the personal
information Nurserymens Enterprises Limited holds about you
and to have any inaccuracies corrected.
3. When you enter this website we will use cookies. Cookies
are small pieces of information which are stored by your
browser on your computer's hard drive. These cookies do not
store any details relating to you or your credit cards. If
you do not wish to receive cookies you will not be able to
use this website.
Contact Us
www.gardengiftcards.co.nz is provided by Nurserymens
Enterprises Limited, Level 4, The LG Centre, 35 Victoria
Street, Wellington, New Zealand, 6001. Tel: 64 4 918 3511
Fax: 64 4 499 9589 Email:
info@ngia.co.nz |
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