Terms of Use

These terms of use address the following:

  1. Introduction
  2. Users outside NZ
  3. Intellectual Property
  4. Product Information
  5. Content
  6. Pricing & Promotions
  7. Ordering goods and services
  8. Order Cancellation 
  9. Stock Availability
  10. Website and Credit Card Security
  11. Payment & Pricing
  12. Delivery
  13. Returns
  14. Consumer Guarantees Act 
  15. Jurisdiction
  16. Liability
  17. Force Majeure

 

Introduction

This website (www.giveandgrow.co.nz) is owned and administered by Kings Plant Barn.

We have provided this website for your use, subject to the terms and conditions listed below. These terms of use apply to you when you use our website. Use includes visits to our site, purchases on our sites, participation in our database and promotions. Please read these terms carefully - if you need to refer to them again they can be accessed from the link at the bottom of any page of our website.

We reserve the right to remove, suspend or make changes to our website at any time, without prior notice.

By using this site, you agree to be bound by the terms and conditions and it is your responsibility that you check to ensure you are aware of the current terms and conditions.

If you have any questions or concerns in relation to the website or these terms and conditions please email us at info@giveandgrow.co.nz

Click here to contact Give and Grow using our online form.

 

Users outside New Zealand

Our website is operated by us from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

 

Intellectual Property

The design and content contained within our website is intellectual property which is either owned or licenced by Kings Plant Barn. The website is intended solely for personal, non-commercial use, research or study. Any use of our website and its content for purposes other than personal non-commercial use is prohibited without our prior written permission.

You may not systematically extract and/or utilise parts of the content of our website and in particular, you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (either once or many times) without our prior written permission. You may not create and/or publish your own database that features content on this website (e.g. our prices and product listings) without our prior written permission.

Each of the various trademarks, product names, company names and corporate identities represented on our website are the property of the individual companies, used by us with their permission, and are not to be reproduced or used without the express permission of its owner.

If you wish to link to any part of this site, you must get prior written consent from Kings Plant Barn.

 

Product Information

We have made every effort to display the products featured as accurately as possible.   The equipment you use to view our website may impact on the display of our products.   We do not guarantee that the colour, texture or detail of the product shown on your screen will accurately reflect the actual product. If a product does not comply with its product description, you may return the product(s) for a refund or exchange the product(s) - for more information please see our Returns page.

The website is provided for our customers to buy, or find out more about, our products and services.

We reserve the right to limit quantities or limit the number of products customers can purchase in a single transaction.

 

Content

While we endeavour to ensure that any content will be current, accurate or complete when you access it, errors and omissions may occur. We will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.

You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site. Kings Plant Barn does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site.

This site may from time to time contain content provided by third parties and links to third party sites. This is provided for your convenience only and we are not responsible for any third party content on our site or any site to which our site contains links. The inclusion of any such content or link does not imply our endorsement or approval of any linked website or any association with its owners or operators.

You must make your own assessment of the suitability of the content for your own purposes.

Kings Plant Barn reserves the right to make changes to the content on this site at any time and without notice. If you wish to verify any content on this site then you should contact info@giveandgrow.co.nz

 

Pricing & Promotions

Prices are displayed in New Zealand dollars, inclusive of goods and services tax (GST) but exclusive of any delivery charges. 

We have made every effort to provide accurate pricing information on our website. We reserve the right to amend or rectify any errors in pricing or product specification within 24 hours of being notified of it or after an order has been processed.

In the event of a pricing error on our website, we reserve the right to cancel any orders placed on our online store.

We reserve the right to alter prices on our websites at any time for any reason.

 

Ordering goods and services

When you place an order with us, you are making an offer to buy goods or services. In addition to the terms and conditions included in the Introduction above, the following terms and conditions of sale apply to all purchases by you through our website.  By completing an order you are stating that you agree to be bound by all of these terms and conditions.

An order is placed on our website via adding a product to the shopping cart and proceeding through our checkout process. The checkout process includes giving us delivery and any other relevant details for your order eg. an optional gift message for gift cards, entering payment information and submitting your order. The final step consists of a confirmation page with full details of your order, which you are able to print as a receipt of your order

We do not supply trade quantities and we reserve the right to limit the number of an item customers can purchase in a single transaction. We reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to be placed for commercial purposes, e.g. by any kind of reseller.

We will send you an e-mail to confirm that we have received and are processing your order, which indicates that your order has been accepted and you may not cancel it.

We will take payment from you when we accept your order. You may pay online by Visa, Mastercard or American Express.

Dispatch of orders is subject to stock availability and you will be advised if a product is unavailable.  To the maximum extent permitted by law, we will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order.

We will charge you the retail price shown on the website at the time you submit your order. You may also be charged additional delivery fees.

In the unlikely event that the goods or services ordered are no longer available we reserve the right to refuse or cancel an order.

We also reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to have been placed fraudulently.

While we endeavour to ensure that the prices and descriptions of our goods or services are accurate, if there is an error in the process of listing a product or service on our website or a technical error in the processing of your order we reserve the right to refuse or cancel the order.

 

Order Cancellation

Once your order is confirmed we are unable to change or cancel any aspects of your order. Please carefully check your order details before completing payment of the order. In order to protect our customers and services, we reserve the right to cancel orders or request other methods of payment for orders received.

 

Stock Availability

Products displayed on our website are subject to availability in our physical and online stores.  We have made every effort to provide accurate stock availability information on our website, however, we do not guarantee that if a product is classified as being “in stock” that stock will be available to purchase at our physical stores or online.

 

Website and Credit Card Security

Kings Plant Barn is committed to providing you with a safe and secure shopping experience online. All payments via our sites are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy.

You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer.

 

Payment & Pricing

We currently accept the following credit cards:

  • Visa
  • MasterCard
  • American Express

All prices stated are in NZD and will also be charged to your account in NZD. International cards may incur additional charges, please consult your personal bank for more details.

The name that will appear on your statement will be KINGS PLANT BARN.

 

Delivery

We will deliver the products set out in your order almost anywhere in New Zealand. We do not deliver outside New Zealand, however, an overseas order may still be placed with a New Zealand delivery address. Delivery is made by courier.

You will receive an email confirming that your order has been dispatched. You can track your order by clicking on the link in the dispatch email, registered users can track their orders through their Order History in your My Account section.

Please ensure the delivery address and receiver’s name for your order is accurate and complete (including any business name if shipping to a work address) as we may be unable to change these details once the order has been placed.  We will not take responsibility for any orders that go missing due to incorrect delivery information provided by you.

The anticipated delivery charges (if applicable) will be notified to you when you complete the order. For an outline of our delivery charges please visit our Shipping and Returns page.

Delivery lead time for products may vary. We endeavour to ship all orders within 3-5 working days of us confirming receipt of the order, although this timeframe is an estimate only. If we are not able to supply the products or there is likely to be a significant delay in making delivery (e.g. because the product is out of stock or the delivery is to a rural/remote location*), we will notify you as soon as reasonably possible after we become aware of this, in which case you may cancel the order (or any part of it) and you will receive a refund (including the applicable delivery charges) in respect of those products which will not be delivered (if any). We will not otherwise be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the products not being delivered within the anticipated delivery time.

Please note that a signature is optional for receiving deliveries. If goods are lost or damaged in transit, please contact us within 7 business days of the dispatch date (as stated in the email we send confirming dispatch) using our online form. We will use this delivery information to make a claim against our courier company. We will offer you the choice of a replacement or a full refund, once we have received confirmation from our courier company that delivery was not successful.

Delivery to rural addresses may take longer in some areas. Delivery will be deemed to have been made when the goods arrive at the delivery point agreed with you, or, if you are to arrange delivery, when the goods are available for collection by you.

Risk in the goods will pass to you on delivery.

 

Returns

Kings Plant Barn stands by the quality of our products. Our plants are grown in some of New Zealand's best plant nurseries by the country's top horticulturists. If you are unhappy with a plant or product purchased, you are able to return your product to us under our standard terms. Please choose carefully as we will not refund if you change your mind.

Where the product purchased is faulty and we are unable to repair or replace it we may offer a refund. Refunds will be processed within 5 working days when products are couriered back to us.

Please visit the Shipping and Returns page for full details on the returns process.

 

Consumer Guarantees Act

Nothing in these terms and conditions will limit or affect your rights as a consumer under the Consumer Guarantees Act 1993 to the extent that such limitation or other contracting out is prohibited by that Act.

If the products are subject to the New Zealand Consumer Guarantees Act 1993 ("CGA"), you may have statutory rights and remedies which are not excluded nor limited by the above provisions unless you are acquiring the products for business purposes, in which case all of the above exclusions and limitations will apply and the CGA will not apply.

 

Jurisdiction

This website is governed by, and is to be interpreted in accordance with, the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand. If at any time we do not enforce any of these terms and conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.

 

Liability

We have made every reasonable effort to ensure the accuracy of information provided on our website, however, errors and omissions may occur.  Kings Plant Barn does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website and any other website linked to this website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.

Kings Plant barn makes no representations or warranties of any kind, express or implied as to the operation of this site or the accuracy of information, content, materials or products included on this site, except as otherwise provided under applicable New Zealand law.

Kings Plant Barn does not guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Kings Plant Barn entirely of all responsibility for any consequences of its use.

To the maximum extent permitted by law:

  • where goods are advertised with reference to photograph(s) we will endeavour to deliver the corresponding goods, however we do not warrant that the goods we deliver to you will be identical to those displayed in the photograph(s);
  • our liability for any claim, damages, loss or expense related to the supply by use of goods or services is limited to the cost paid by you for such goods or services;
  • all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this site or the content on or accessed through it; and
  • we will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it.
  • If your use of this site or its content is subject to the New Zealand Consumer Guarantees Act 1993 ("CGA"), you may have rights or remedies which are not excluded nor limited by the above. If you are using this site or its content for business purposes, the above exclusions and limitations will apply and the CGA will not apply.

 

Force Majeure

We will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.