1 | APPLICABILITY AND AGREEMENT TO TERMS |
1.1 | These terms and conditions, together with the Shipping Policy, the Privacy Policy and the Refund Policy ("Terms of Use") apply to your use of this website (the "Website"). By using this Website, you are deemed to accept these Terms of Use and are bound by them. If you do not accept these Terms of Use, you will not be able to order products on this website. |
2 | AMENDMENTS TO THESE TERMS OF USE |
2.1 | We may amend these Terms of Use in whole or in part from time to time. Amendments will be effective immediately when we post the amended Terms of Use to the Website. You are responsible for ensuring you are familiar with the latest Terms of Use. By continuing to use the site (including when making new orders) following any amendments, you agree to be bound to the Terms of Use as amended, whether or not you have been notified of any amendments. |
3 | INTELLECTUAL PROPERTY RIGHTS |
We (or our licensors) own all intellectual property rights in the Website, including all of the content and all software code underlying and forming part of the Website. You may not use any of our intellectual property rights without our prior consent. | |
4 | ACCEPTABLE USE |
4.1 |
Compliance with law
You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else. |
4.2 | Without limiting clause 4.1, in particular, you agree not to:
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4.3 | Unsolicited email
Publication of email addresses on the Website should not be taken as deemed consent to receiving unsolicited email. Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007. |
4.4 | Social Media Sites
These Terms of Use will also apply to the use of any social media platform under our control (each a "Social Media Site"). These Terms of Use must be read in addition to the respective terms and conditions governing the use of the Social Media Sites, such as Facebook, as published by the relevant Social Media Site. By accessing a Social Media Site you agree to be bound by, and comply with, the terms and conditions of that Social Media Site, and these Terms of Use. We may, without prior notice or explanation:
if we consider that the post is abusive, offensive, or contains inappropriate subject matter, defamatory comments, or discriminatory remarks of any nature or otherwise breaches the terms and conditions of the Social Media Site. To avoid doubt, any comments or statements made in a post to a Social Media Site by any public user does not represent the opinions of Landcorp Farming Limited (trading as Pāmu). |
4.5 | Our rights and remedies
Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms of Use, we may:
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4.6 | General indemnity
You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Use including, in particular, clause 5, your failure to complete a transaction, or arising out of any content or item you submit, post, upload, transmit, link to or make available upon any of the Social Media Sites. |
5 | TERMS OF PURCHASE |
5.1 | Orders
When you place an order with us to purchase any product on this Website (a "Product"), you are making an offer to purchase the Product for the price notified at the time you place the order. It is your responsibility to check the details of your order and we will not be responsible for transactions that are incorrect as a result of incorrect data entry. All prices are stated in New Zealand dollars and are inclusive of New Zealand Goods and Services Tax. No contract for the purchase of a Product from us will be formed until your order has been reviewed and accepted by us, and we have notified you of that acceptance. An order may be declined on reasonable grounds, including, but not limited to, where:
We may also apply a limit to the number of Products that you may order (either as a single transaction, or within a specified time period), and may reduce or decline an order for this reason. |
5.2 | Payment for Customers in New Zealand
If you select to "Buy Now" on the webpage for customers with a delivery address in New Zealand, you will be redirected to a payment gateway operated by Stripe. You will then be required to provide your payment details directly to Stripe, and will be subject to any terms and conditions or other charges notified to you by Stripe. Products only available in New ZealandProducts may only be ordered through the Website by customers that nominate delivery addresses in New Zealand and Products cannot be ordered to be delivered in any other jurisdiction. |
5.3 | No guarantee products will be in stock
We will make every effort to fulfil orders placed using the Website but we do not guarantee that the products advertised will always be in stock. |
5.4 | Right to adjust price
We will make reasonable endeavours to ensure that the descriptions and prices for the Products available through the Website remain accurate and up-to-date. However we reserve the right to vary our prices and product and services descriptions at any time and without notice. |
5.5 | Shipping and Delivery (for New Zealand Customers)
Please see our Shipping Policy |
5.6 | Title and risk
Title to all Products supplied to you will be retained by us until payment is made in full. All risk of loss of, or damage to, the Products passes to you on delivery of the Products to you. |
6 | PRODUCT RETURNS |
Please see our Refund Policy |
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7 | OUR LIABILITY |
7.1 | Information should be treated as a guide only
The information provided on the Website should not be your only source of information when you are making purchasing decisions. It should be treated as a guide only. Specifically, use of the "Trust you can Trace" tool is intended only to indicate whether a serial number inputted into the tool corresponds with the serial number of an authentic Product manufactured by us. If you have received a Product other than directly from this Website, please note that we make no warranties as to whether the product in your possession is an authentic Product. We will not be liable in the event that you have received a counterfeit product bearing an authentic serial number due to the fraudulent acts of a third party. |
7.2 | Reasonable care
We will use reasonable endeavours to ensure:
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7.3 |
No liability
The Website is provided on an "as is" and "as available" basis. Other than rights you have under New Zealand legislation (including the Consumer Guarantees Act 1993) that cannot be excluded by contract, you agree that, to the maximum extent permitted by law (for example, the Consumer Guarantees Act 1993):
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8 | PRIVACY STATEMENT |
8.1 | Our privacy commitment
Please see our Privacy Policy which explains how we may collect, store, use, and disclose your personal information. |
9 | GENERAL |
9.1 | No waiver
If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights. |
9.2 |
Entire agreement
These Terms of Use constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us, relating to the subject matter of these Terms of Use. |
9.3 | Remedies cumulative
The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by these Terms of Use or Law. |
9.4 | Severance
If any provision of these Terms of Use become or is held to be illegal, invalid or unenforceable in any respect, that provision shall be read down to the extent necessary to make it legal, valid and enforceable or, if it cannot be read down, be deemed severed from these Terms of Use. Neither such change shall affect the legality, validity and enforceability of the other provisions of these Terms of Use. |
9.5 | Governing law
The Website and these Terms of Use is governed by the laws of New Zealand. When you access the website, you submit to the non-exclusive jurisdiction of the New Zealand courts. |