Terms and Conditions

 

TreesforBees Plant Nursery is a division of Downunder Honey. All reference to 'we' includes TreesforBees Plant Nursery and in places may has been abbreviated to 'TreesforBees' in the below Terms and Conditions.

1. Terms

By using this Internet Site you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Site immediately.

 

2. Privacy Policy

We value your privacy. We will never give, lease, sell or otherwise disclose your personal information.

Any information you give to TreesforBees will be held with the utmost care. If you have any questions at all about our privacy policy, please feel free to contact us.

 

Resale or Disclosure of Information to Third Parties

Here at TreesforBees Plant Nursery we do not sell, rent, loan, trade, or lease any personal information collected by our website, including contact forms, download requests or email lists.

 

3. Amendments

We reserve the right to amend these Terms and Conditions from time to time.  Amendments will be effective immediately upon being placed on the Website.  Your continued use of the Internet Site following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended.  Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.

 

4. Content

While we endeavour to take all reasonable and appropriate care in the preparation of the content on the Internet Site and has no reason to believe that any information contained on the Internet Site is inaccurate, TreesforBees do not warrant the accuracy, adequacy, or completeness of such information or that such information is error free.  TreesforBees do not undertake to keep the Internet Sites updated, TreesforBees do not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage is a result of or contributed to by the negligence of TreesforBees.

 

5. Contact

TreesforBees Plant Nursery can be contacted in any of the following ways:

Email: trees4beesnz@gmail.com

Phone: 06 328 9797

Post:

1313 Kimbolton Road

RD 7

Feilding

Manawatu 4777

New Zealand

6. Linked Websites and Third Party Information

The Internet Sites may contain links to other websites (“Linked websites”).  Those links are provided for convenience only and may not remain current or be maintained.  TreesforBees is not responsible for the content or privacy practices associated with linked websites.  Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.

 

The Internet Sites may contain information which is obtained from third parties and which those third parties or TreesforBees may post on the Internet Sites from time to time.  Such information is provided for convenience only and TreesforBees do not necessarily endorse the products or services referred to in the information.

 

7. Links

TreesforBees requires that you obtain the prior written approval of TreesforBees Plant Nursery before providing any link to the Website.  Where such approval is given, you further agree that you will not use any TreesforBees logo, trademark or other proprietary graphic as part of such link without the express prior approval of TreesforBees.

 

8. Accessing

You must take your own precautions to ensure that the process which you employ for accessing the Internet Sites, and/or downloading any information from the Internet Sites, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunications equipment or other property. We do not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Sites or any linked website.

 

9. Exclusion of Warranty

To the fullest extent permitted by law, in relation to your access and use of the Internet Sites any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded.  TreesforBees further note that the information accessed through the Internet Sites is to inform you of TreesforBees range of products and their use.  

 

10. Exclusion of Liability

Under no circumstances will TreesforBees, its employees or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortuous or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of TreesforBees to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.

 

11. Limitation of Liability

In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and TreesforBees become liable for any loss or damage that would otherwise have been excluded, TreesforBees Honey maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Sites is to be limited to $50 in New Zealand currency.

 

12. Disputes

In the event of any problem with the Internet Site or any content, you agree that your sole remedy is to cease using the relevant Internet Site.

 

13. Failure to Comply

TreesforBees accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.

14. Waiver

If TreesforBees waive any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

 

15. Severability

If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.

16. Breach

In the case of a breach of these Terms and Conditions by you or any other person, TreesforBees are free to decide whether it wishes to take action for such breach, and if so when and how.  TreesforBees will not be prevented by passage of time or any other matter, from exercising its rights.

17. No Assignment

You may not assign any of your rights or obligations pursuant to these Terms and Conditions.

 

18. Copyright

All TreesforBees content on the Internet Sites is protected. TreesforBees is either the owner or licensee of all rights to such content. All such rights are reserved.

 

Disclaimer

This Website is to inform you of our range of products and their use. While TreesforBees Plant Nursery take care to ensure that all plants are true to description and variety, no warranty expressed or implied is given as to the growth, description or variety of plant.

 

Terms of Purchase

 

TreesforBees Plant Nursery sell plants through enquiries from this website, by phone, by email or through TradeMe. 

1. Pricing

All prices are in New Zealand dollars (NZ$) and include GST (sales tax).

 

2. Details

Your Order must contain your name, email address, phone number delivery address and any other ordering information specified on the Website.

3. Cancellation

Any refunds as a consequence of a customer cancellation will be at our discretion.

4. Rejection

TreesforBees may reject your Order at any time and are not required to give reasons for rejecting your Order. If rejected for any reason, neither you or we will be under any further obligation to the other arising out of your Order or our rejection of that Order.

 

5. Reimbursement

If we reject your Order we undertake to reimburse you for any payments already received by us.

 

6. Delivery / Shipping

Delivery of the Goods to you will take place in the manner chosen by TreesforBees unless agreed otherwise with you.  TreesforBees will not be liable for any delay in delivery of Goods ordered. You as the purchaser note that plants are perishable and TreesforBees is unable to warrant the delivery time frames for shipping plants.

You gain full responsibility of all plants once placed on any form of transport. Any claims for errors or unsatisfactory plants must be made within 7 days of receipt, including photographs. Claims for losses or damage in transit must be made directly to the carrier service concerned which are available on request. 

While TreesforBees Plant Nursery take care to ensure that all plants are true to description and variety, no warranty expressed or implied is given as to the growth, description or variety of plant supplied.  All purchases are made subject to these conditions, and by purchasing from us, you accept these conditions.

In the event that the Goods do not get delivered to you, arrive damaged or get returned to sender, TreesforBees may, at their discretion, refund the monies paid for the Goods less the freight charged.  Refunds will only be paid once an investigation has been lodged with the carrier service  and they have confirmed that the goods have not been delivered to you and / or who was at fault. Any returns must be made within 7 days of receipt. Goods must be returned in as received condition with original packaging along with evidence of the Goods condition when received (such as photographs).

7. Title

Title in the Goods does not pass to you until payment has been received in full by TreesforBees or its agent.  You acknowledge that these Terms of Purchase create a security interest as defined in the Personal Property Securities Act 1999 (NZ) in favour of TreesforBees in any Goods purchased from this Website, and that TreesforBees  may at any time register a financing statement on the Personal Property Securities Register to protect its security interest in the Goods.  While TreesforBees retains title to the Goods you must properly store the Goods and ensure the Goods are identifiable as TreesforBees' Goods.

8. Payment

Payment must be made in the manner described on the Website.  Prices are inclusive of GST unless otherwise stated.  Prices are, however, exclusive of other taxes, duties and charges imposed or levied in New Zealand or overseas in connection with the supply of the Goods.  Where payment is by credit card, you will be liable for all Orders placed using your credit card. 

 

9. Donations

TreesforBees may from time to time donate a percentage of the sale price of any Goods to any charity of its choosing. The Goods to which this applies and the charity or charities chosen by TreesforBees will be shown on the Website. Nothing in these Terms of Purchase comprises an endorsement of TreesforBees products by any recipient of a donation.

 

10. Capacity

The Goods are offered for sale only to persons who can make legally binding contracts.  It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements for legally binding contracts) in relation to the use of the Website and the purchase of Goods from the Website.  By placing an Order for Goods you represent that you are capable of making a legally binding contract and that the Goods purchased will be used in a lawful manner.

 

11. New Zealand Law

Details contained on the Internet Sites relating to Goods, including any descriptions or claims made in relation to Goods, have been prepared in accordance with New Zealand law and may not satisfy the laws or regulations of any other jurisdiction.  We do not warrant that the details, descriptions or claims on the Internet Sites concerning Goods will satisfy the laws of any other jurisdiction.  It is your responsibility to determine whether these details, descriptions and claims satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details, descriptions or claims do not satisfy the laws of your jurisdiction, you may not Order any Goods from the Website.

12. Possession and Risk

Possession and risk in the Goods shall pass to you upon delivery of the Goods to you or your agent on collection, or once placed with a carrier service.

13. Refunds and Returns

Incorrect Orders

Short or incorrect Orders must be reported to TreesforBees within seven (7) working days of their receipt together with the invoice number. Any Goods returned must be in 'as sold' condition, meaning the item(s) is unused, has not been planted and is potted or bagged as sent, not damaged or missing. Goods that have been damaged or are not resaleable will not be credited in full.

Defective Goods

If Goods are purchased, and those Goods do not conform to specification or are defective, then notify us straight away, including photographs,  and provided such Goods are returned together with the relevant invoice or shipping note to TreesforBees Plant Nursery, 1313 Kimbolton Road, Feilding 4777, New Zealand within  7 working days of the date of purchase. TreesforBees will at its option, replace such Goods or refund the purchase price. If the product is found to be not faulty or as described, the customer will be contacted with our decision..

14. Notification of Problem

TreesforBees Plant Nursery shall not be liable for any damage, discrepancy or shortage in the Goods unless you notify TreesforBees and the carrier service within 48 hours of the time of delivery of the Goods.  In the event of total failure of the Goods to reach their destination TreesforBees shall not be liable unless you notify TreesforBees within ten (7) days after the date of purchase.

Competition/Giveaway Terms & Conditions

 

The Giveaway shall end on the date specified. Your participation in the Competition or Giveaway is considered your agreement that TreesforBees may contact you. Only persons whom reside in New Zealand are eligible for entry to the Competition or Giveaway. It is the responsibility of the individual to ensure that the correct contact phone number, email & postal address is used, TreesforBees will not be held accountable for ensuring that correct information have been submitted.

TreesforBees and Downunder Honey employees and their immediate family cannot participate in any Competitions or Giveaways.

TreesforBees decision is final with respect to all matters relating to awarding of the Competition or Giveaway and shall not be subject to review or appeal by any entrant or by any third party.

Each entrant shall be entitled to submit one entry into the Competition or Giveaway. If it is deemed an entrant to have submitted multiple entries or to have acted in bad faith with respect to the Competition or Giveaway, the entrant shall be excluded from the Competition or Giveaway.

 

TreesforBees reserves the right to alter these Terms and Conditions at any time and in its sole discretion. We reserve the right, at any time, to cancel, modify or suspend the Competition or Giveaway.

 

The Competition or Giveaway prize is neither transferable nor exchangeable and cannot be exchanged for money or money’s worth. The prize value and the number of prize winners will depend upon on the number of eligible entries received.

 

Winner(s) will be contacted by TreesforBees via email or phone where provided and will be asked to provide their first and last names and delivery address. If a potential winner does not respond within 5 working days TreesforBees may select an alternate potential winner in their place at random from all entries received or a subset of entries received during the entry period, or by engaging entrants in another manner. The Competition or Giveaway prize will be mailed out to the winner or the winner can collect the prize from our store.

 

Discounts & Specials

 

These Terms & Conditions apply to all vouchers, discounts and specials both online and in store.

Force Majeure

In no event shall the TreesforBees Plant Nursery be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, pandemics or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the TreesforBees Plant Nursery shall use reasonable efforts which are consistent with accepted practices to resume performance as soon as practicable under the circumstances.

 

Queries

If you have any queries in regard to these Terms of Purchase please don’t hesitate to contact us.

TreesforBees Plant Nursery

1313 Kimbolton Road, Cheltenham 4777, NZ

06 328 9797

©2020 by TreesforBees Plant Nursery