Last modified; 15/07/2022
Welcome to Nikau Valley!
These Terms and Conditions (“Terms”) govern the Nikau Valley web site on any device and all content, products and services.
The Site is provided as a service to our customers. These Terms govern your use of the Site. By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms.
Terms Modification
Nikau Valley may modify these Terms and Conditions at any time by publishing a revised version on the Site. We reserve the right to update or modify these Terms at any time without prior notice. We encourage you to review the Terms whenever you use or access the Site.
By continuing to use the Site after the effective date of any modifications to Terms and Conditions, you agree to be bound by the modified terms.
Jurisdiction
These Terms and Conditions and your use of the Site are governed by the laws of New Zealand. The courts of general jurisdiction will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and Conditions and/or the Site or in which these Terms and Conditions and/or the Site are a material fact.
Age restrictions
By accepting these terms and conditions, you certify that you are 18 years old or older. If you are under the age of 18, but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
Content Permission and restrictions
Unless otherwise noted, the design of the Site, including information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features that are part of the Site (collectively, “Content”) are copyrights, trademarks, or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title, or interest in any Content is granted or transferred to you due to your use of the Site.
Certain parts of the Site that allow you to share Content on social media platforms grant you a limited license to display the Content as directed, and you understand that you have no other right, title, or interest in or to the Content.
Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, sell, or participate in any sale of any of the Content or site.
On-site Information Accuracy
We do our best to ensure that information on the Site is complete, accurate, and current. However, information on the Site may occasionally be inaccurate, incomplete, or out of date.
Our information is to guide and advise only. It is up to you to carry out all due diligence. We take no responsibility for any losses or damage caused by the use of any of our products.
All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable safety warnings and colours. However, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. We do not warrant the accuracy or completeness of the information, content, or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
Privacy
We are committed to protecting the privacy of the visitors to the Site. We value your privacy and will not disclose any of your personal information (name, address, order) to any third party except for delivery purposes. We use a third party integration service Gosweetspot and NZ Couriers for this.
We do not collect any credit card details. These are processed through an encrypted payment gateway authorized with our bank or through Swipe.
Payment Options Provided
Keeping your online payments secure is our number one priority. At the moment we are only set up for payment by Swipe.
Shipping condition
You will pay all costs of delivery on checkout. When an order is placed, and paid in full it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site.
We use NZ Couriers to ensure the delivery of your purchased products. When you pay for shipping you have consented for NZ couriers to be your agent. On dispatch from Nikau Valley the products belong to you and all risk belongs to you. We accept no liability if your products go missing in delivery.
We do not warrant the delays that may happen because of postal/carrier delays, logistics, or bad weather. NZ couriers tracks all parcels so you will be able to see your parcels progress.
Processing orders to shipping
We only ship on a Wednesday.
O orders received and paid in full (including delivery costs) by 12pm on Sunday will be shipped the following Wednesday.
Our carrier is NZ Couriers and they calculate shipping on checkout and provide tracking.
Local Delivery
If you live close to us you can choose local delivery at checkout. This delivery will also be on a Wednesday for orders received by 12pm on the previous Sunday.
Please leave instructions as to where parcel should be left safely. Once left the products have been delivered we accept no liability.
Returns
Our plants leave here healthy and ready to grow. Please choose wisely for your own growing conditions as we do not give refunds if they are not suitable or if you change your mind.
Under the consumer guarantees act we will carry out all obligations to remedy any faulty product.
Email Communication
By purchasing on this Site, you understand that we may send you communications where email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase.
Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with Nikau Valley.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
Order Confirmation
When you place an order, you should receive an acknowledgement e-mail confirming receipt of your order.
We only accept your order once payment (for delivery and product) has been approved and we have debited the payment card (and then the contract is made based on these terms).
We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We also may require verification of information prior to the acceptance and/or shipment of any order.
Disclaimer of Warranty and Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCH ANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, I NDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates, and subsidiaries harmless from and against any and all claims, damages, costs, and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.
Disputes
Considering the high cost of legal dispute, not only in dollars but also in time and energy, both you and Nikau Valley agree to the following dispute resolution procedure: In the event of any controversy, claim, action, or dispute, the party asserting the dispute shall first try to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 business days from the date of mailing to respond to the dispute.
Notice shall be sent to: Nikau Valley, RD1 Rewatu Road, Whakatane. Unless you indicate otherwise in your notice, Nikau Valley shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile. If parties are unable to resolve the dispute, it should be processed in accordance to the Jurisdiction section of the Terms.
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact Customer Service at louise.shaw@blueduckdesign.co.nz .