Other Terms and Conditions
1. GENERAL
1.1 Definitions
1. "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing Green Eden Online Shopping who is not registered to use Green Eden Online Shopping.
2. "Delivery Point" means an outside area of the Premises, such as the Customer's front door, or any particular outside area specified by the Customer in the check out comments. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.
3. "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
4. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
5. "Login" means a Customer's personal email address and password used to access Green Eden Online Shopping under that Customer's registration.
6. "Premises" means the premises at the address specified by the Customer on their registration application, as amended from time to time.
7. "Products" means the products for sale in Green Eden Online Website and Pickup Depots .
8. "Green Eden Online" means Green Eden Ltd, the seller of the Products. its related shops/Depots/Offices and Distribution Center, and directors, officers, employees or agents of Green Eden or its related companies.
9."Green Eden Online Website" means this internet site owned by Green Eden, being the medium by which Products are offered for sale online by Green Eden to the Customer.
1.2 Use of Green Eden Online website subject to terms and conditions
Your access to, and use of, Green Eden Online Website is subject to the following terms and conditions. By using Green Eden Online Website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Green Eden Online constitute legal offers to purchase, and are capable of being accepted by Green Eden without any further reference to the Customer.
1.3 Terms and conditions to prevail
These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policies.
1.4 Green Eden discretion to accept registration
Green Eden has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 Green Eden discretion to accept orders
Green Eden has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Green Eden may cancel an order for any reason whatsoever.
1.6 Registration and access costs
No costs are payable to register to use Green Eden Online Website, but Customers are responsible for any costs incurred in using Green Eden Online Website, including any charges imposed by their internet service provider.
1.7 Suspension or termination
Green Eden may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Green Eden Online Website for any reason whatsoever.
1.8 Customer liable for every order
Customers are liable for every order made under their Login.
1.9 Trading hours
An order submitted by a Customer on weekends and Public Holidays shall not be accepted by Green Eden immediately at checkout but shall be deemed to have been accepted by Green Eden at 1:05pm on next working day (as the case may be).
1.10 Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through Green Eden Online Website for the purpose of resale.
1.11 Security of information
Green Eden shall use its reasonable endeavours to prevent any unauthorised entry into Green Eden Online Website. However, no member of the Green Eden Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Why is Green Eden Online Website safe?
Safe technology systems - Green Eden Online Website uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data it is stored on a secure server behind Green Eden' firewalls, so that your personal details are not accessible from the internet by any third party. Safe payment systems - Green Eden uses "EWAY" to securely authorise credit card payments before any charges are made. For further information regarding "EWAY" and how it encrypts and processes transactions, please visit http://www.eway.co.nz/
1.12 Site content
While Green Eden has endeavoured to ensure that the information provided on Green Eden Online website is free from error, no member of the Green Eden Group warrants its accuracy, adequacy or completeness, and no member of the Green Eden Group shall be responsible or liable for any error in, or omission from, the information provided on Green Eden Online Website.
We reserve the right to make changes to the information provided on Green Eden Online Website at any time and without notice.
1.13 Use of the site
The Customer agrees not to use Green Eden Online for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on Green Eden Online Website for their own personal use but otherwise neither Green Eden Online Website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Green Edens' prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of Green Eden Online Website, or damage the operation of Green Eden Online Website, or Green Edens' systems or those of other persons who use Green Eden Online Website, whether by way of a virus, corrupted file, any other software or program, or otherwise.
2. PRICE
2.1 Pricing
The Customer shall pay Green Eden for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.
Prices and specials available on Green Eden Online may not necessarily be the same as the prices and specials available in Green Edens' depots. Any prices and specials available in Green Edens' depots will only apply to Products purchased through Green Eden Online if those prices or specials are specifically displayed on Green Eden Online Website, and vice versa.
Green Eden may vary the prices of the Products at any time without notice.
2.2 Currency
The prices of Products are displayed in New Zealand currency
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Delivery fee
In addition to the price of Products ordered, the Customer shall pay Green Eden the delivery fee of your order if delivery is required.
We use the right courier companies to deliver your goods at the best rate. The Delivery fee will depend on the size and weight of the goods and your delivery address. We list the delivery fee in each of product descriptions based on the delivery areas, Customers need to manually enter the delivery fee in the "product" called "Delivery Fee" and add it as an extra product in your purchase order. If you purchase more than one product, you can ask us for the combined delivery fee by email to sales@greeneden.co.nz or just write a note in your order, our customers service staff will inform you of the combined delivery fee as soon as possible.
For orders with the wrong Delivery fee added, Green Eden reserves the right to adjust the delivery fee to reflect the actual cost of delivery. Whether the Delivery fee is reasonable or not will be determined by Green Eden in its absolute discretion. If Green Eden chooses to adjust the delivery fee, the Customer will be contacted prior to the order being delivered to confirm acceptance of the revised fee. Deliveries of such orders will not be made unless and until this confirmation is obtained. No member of the Green Eden Group shall be liable to the Customer for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.
2.5 Variation of order and price
If the Customer requests a variation to the order under clause 6.1 which Green Eden accepts then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.
3. PRODUCT AVAILABILITY, RANGE, SPECIALS AND QUALITY
3.1 Product availability
Every effort will be made to fulfil orders placed with Green Eden Online, but no member of the Green Eden Group shall be liable to any person if Green Eden is unable to or declines to supply a Product for any reason whatsoever.
Green Eden reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
Green Eden may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
3.2 Product range
Green Eden reserves the right to limit the range of products available to certain areas
3.3 Specials and Clearance
Specials and clearance products are subject to availability while stocks last. Green Eden Online does not allow back orders for specials and clearance products that are out of stock.
Online discount does not apply to specials and clearance products.
3.4 Product substitution
If Green Eden is unable to or declines to supply a Product ordered by a Customer, Green Eden may, except if the Customer otherwise writes a note in checkout comment, substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered
If Green Eden cannot make a substitution on this basis, Green Eden may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.
Green Eden reserves the right to refuse to substitute any particular Product for any reason whatsoever.
3.5 Product quality
If Green Eden agrees that a Product was delivered to a Customer in a damaged or spoiled condition, Green Eden shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered) or send a replacement.
4. PAYMENT
4.1 Method of Payment
· Cash
· Eftpos
· Internet Banking
· Credit Card (3% surcharge applied at moment.
· Pre-pay Account
- Procedure for Pre-pay Account:
- Transfer any amount of money to our bank account (Green Eden Ltd., 12-3034-0049586-00), Please write your name and Customer ID number as reference.
- Inform us of your name and customer number by email sales@greeneden.co.nz
- We will set up your prepay account and send you an unique e-coupon code by email, after we receive your money.
- Enter the e-coupon code in the "Coupon Code" box at the first step of checkout after you login.
- Your e-coupon can be used as many times as you like, until your prepay account runs out of money.
Payments should be made prior to delivery.
4.2 Payment by credit card
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and Green Eden will contact the Customer to make alternative payment arrangements.
Green Eden reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
4.3 Adjustments
If a Customer is invoiced an incorrect amount for any Product ordered, Green Eden shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.5 Change to payment policy
Green Eden may change at any time the way in which a Customer pays for Products
5. DELIVERY
5. 1 Delivery areas
We deliver Nationwide.
5. 2 Right to withhold delivery
Green Eden reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if Green Eden permits) or alternative delivery arrangements are made.
5.3 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of the Green Eden Group shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of the Green Eden Group for any direct or indirect damage or loss (including in negligence) that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
Green Eden shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
5.4 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to Green Edens' couriers, and that it is safe for those couriers to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Green Eden reserves the right to charge Customers an additional delivery fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to Green Eden are not reached, the Customer will be deemed to have cancelled the order, and will incur a $20 cancellation fee.
Note: Customers need to leave the mobile number just in case that the courier could contact you directly for any problem.
5.5 Change of address
The Customer shall update their new address in the account profile
5. 6 Delays to delivery
Notwithstanding any other term, no member of the Green Eden Group shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Green Eden or otherwise.
If Green Eden considers that the delivery of a Customer's order is likely to be substantially delayed, Green Eden may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
5.7 Delivery deemed to have taken place
If no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
5.8 Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case Green Eden will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), Green Eden reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, Green Eden reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Green Eden will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock Green Eden may cancel the order for that Product) (in each case without incurring any cancellation fee), and Green Eden will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted in accordance with clause 3.4.
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
The Customer may vary or cancel the order up to the point in time that Green Eden has commenced packing the order by TXT 021668073 and 021826628. If the Customer wishes to cancel the order after the order has been packed, the Customer will incur a $20 cancellation fee.
7. PROPERTY/RISK
7.1 Products
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
7.2 Login
The Customer shall keep their Login details safe and confidential at all times.
8. WARRANTIES
All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of the Green Eden Group other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of the Green Eden Group assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.
9. LIABILITY AND INDEMNITY
9.1 Product liability
The liability of the Green Eden Group whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Green Edens' obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
9.2 No liability for indirect loss
No member of the Green Eden Group shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, Green Eden Online Shopping, or the delivery or failure to deliver any Products.
9.3 Indemnity
Notwithstanding any other term, the Customer agrees to indemnify each member of the Green Eden Group against all liabilities,losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of the Green Eden Group, arising directly or indirectly out of the Customer's use of Green Eden Online Shopping, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
10. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Green Eden Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, Green Eden, its licensors and the providers of any other products and services accessible through Green Eden Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.
11. FORCE MAJEURE
If the performance by Green Eden of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit,electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Green Eden) Green Eden shall be excused from such performance to the extent of such prevention.
12. PRIVACY ACT
12.1 Collection of information
Green Eden Online Shopping contains applications which collect personal information about the Customer. Green Eden will only use this information to the extent authorised by the Customer, and will only disclose it in the manner set out below.
In using Green Eden Online Shopping the Customer authorises Green Eden to collect, retain and use their personal information for the purposes of:
(a) processing the Customer's registration application;
(b) assessing the Customer's credit-worthiness;
(c) undertaking any dealings or transactions with the Customer;
(d) enforcing any legal or other rights Green Eden may have against the Customer in any manner that Green Eden sees fit;
(e) sending the Customer any advertising or promotional material; and
(f) enhancing Green Eden Online Shopping so that Green Eden may offer you a better, more personalised and tailored service.
12.2 Collection from other sources
In using Green Eden Online Shopping the Customer further authorises Green Eden to collect personal information about the Customer from any other source available to Green Eden including but not limited to credit referral agencies, the Customer's bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer has been associated.
12.3 Green Edens' right to refuse application
If sufficient personal information is not supplied, or is not satisfactory to Green Eden, then Green Eden reserves the right to refuse to accept the person's application to register to use Green Eden Online Shopping.
12.4 Green Edens' use of cookies
Green Eden Online Shopping may use 'cookies'. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use Green Eden Online Shopping you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
12.5 Website Analysis Tools
Green Eden uses Google Analytics to collect information such as the number of visitors per day or the number of pages requested per day. In order for this to occur a small piece of code is placed on each page which counts these statistics.
This non-personal information gained is aggregated by Google Analytics and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers.
For further information about Google Analytics - Click here
Emails sent on behalf of Green Eden Online Shopping to registered shoppers may include code that measures e-mail response and click through activity.
12.6 Information retained by Green Eden
Any personal information supplied by the Customer may be retained by Green Eden until such time as the Customer requests that the information be removed.
12.7 Disclosure
Any personal information supplied by the Customer and retained by Green Eden may be disclosed to other persons or body corporates engaged by Green Eden for or in relation to any of the purposes listed in clause 12.1 above, including but not limited to:
(a) Green Edens' employees.
(b) Research and/or marketing firms.
(c) Credit referral agencies.
(d) Business advisors.
Green Eden may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
12.8 Storage of personal information
Green Eden has taken many steps, from both technical and systems perspectives, to ensure that Customers' information is well protected. However it is important that Customers remember to never share their Login with any other person.
While Green Eden endeavours to keep the Customer's personal information collected on Green Eden Online Shopping secure and confidential, no member of the Green Eden Group shall be responsible for any breach of security caused by third parties, nor represents that Green Eden Online Shopping is completely secure.
12.9 Customer's rights of access
The Customer has the right under the Privacy Act 1993 to access and request to update and/or correct their personal information held by Green Eden. The Customer agrees to pay Green Eden the reasonable charges requested by Green Eden in relation to time and attendances involved in complying with the Customer's request in this regard.
Access to a Customer's personal information held by Green Eden is available to the Customer in the "Your account" area of Green Eden Online Shopping. The Customer can update personal information online.
13. CONSUMER GUARANTEES ACT
The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by Green Eden.
The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
14. LINKS TO AND FROM OTHER WEBSITES
14.1 Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by the Green Eden Group. The Green Eden Group does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than Green Eden Online.
14.2 Hyperlinks
The Customer agrees that it will not create a hyperlink to Green Eden Online Shopping without Green Edens' express written permission. If a Customer does create a hyperlink to Green Eden Online Shopping, that Customer is responsible for all losses any member of the Green Eden Group may suffer as a result of that link, whether direct or indirect. Linking to Green Eden Online Shopping is at the Customer's own risk.
15. VARIATION OF TERMS AND CONDITIONS
From time to time Green Eden may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of Green Eden Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes.
16. GOVERNING LAW
New Zealand law governs the use of Green Eden Online Shopping and these terms and conditions.