Terms & Conditions
Welcome to the Nurtured by Nature website, which shall be referred to as ‘The/This Website’. NBN Limited T/A Nurtured by Nature (‘Nurtured by Nature’, ‘Us’, ‘We’, ‘Our’) provides the services that are available to you on The Website. Your use of The Website is governed by New Zealand Law and by using the site, creating a customer account or placing an order you agree to the Terms and Conditions listed below:
Terms and Conditions:
The following Terms and Conditions (T&C) and your use of The Nurtured by Nature Website, are governed by the Laws of New Zealand, and you agree to the non-exclusive jurisdiction of the New Zealand Court. Your non-excludable statutory rights are unaffected.
The Website and our T&C comply with New Zealand Law and are designed for NZ use. We are happy to consider the processing of orders for outside of NZ, but no express or implied warranty is given that The Website and/or placing of orders from outside the NZ comply with any non-NZ regulations. Products or Promotions banned under your local law are unavailable to you.
Placing of orders through This Website indicates that you have read and accepted these T&C. If any of the items are unclear to you, please contact email@example.com prior to placing the order.
The contract of sale between the customer and Nurtured by Nature is formed once an order has been placed, accepted, processed and dispatched to the delivery address.
Price, Taxes and Payment:
The price for all items are in $ NZ and include where appropriate Government Service Tax (GST) at the applicable rate (currently 15%). The price of items is subject to change without prior notice. This means that the price quoted when ordering may differ from the price charged at delivery. We will always aim to ensure that this does not happen, but in the event that it does, please see our returns policy. A delivery charge will be added to your bill in line with our delivery charges (see delivery.) Where items are being dispatched to a location outside New Zealand, no goods and services tax (GST) will be charged. Products shipped within New Zealand will incur goods and services tax (GST) at the applicable rate. Customs and Importation charges made when the package reaches your country, are payable by you, as Nurtured by Nature have no control over these charges and are unable to estimate them.
Payment can be made through the site in the following ways:
- Credit card - Visa & Mastercard
- Direct Credit
All credit/debit card transactions are subject to authorisation by the card issuer. In the event that the authorisation of the transaction is declined, we shall not be held liable for the order not being completed, and for the subsequent non-delivery of the items.
Security and transmission of credit card details
Payments by credit card are made via your choice of the ANZ eGate gateway ("Credit Card" in the checkout process) or PayPal. Once your order is placed, you are transferred to the payment provider's secure website where you will enter your credit card details. Both ANZ eGate and PayPal are compliant with the Payment Card Industry Data Security Standard (PCI DSS). After making payment, you are returned to our website. We do not have access to your credit card details at any stage of this process.
Right to Cancel:
You are able to cancel your order (once confirmed that it has been accepted by us) for any reason up until dispatch or 7-days from placing your order, whichever is sooner. Cancellation during this period will result in the refunding of any payments that you have made to us, back to you in full within a 30-day period.
Product Description & Availability:
At all times, care has been taken to ensure that the details, descriptions and prices of all products shown on The Website are correct, however we do not warrant that product information and colours shown on The Website are totally accurate, up to date or free from error.
All goods are subject to availability. If on receipt of your order, the goods you have ordered are not available, you will be notified and a refund or credit for the full amount that has been debited from your credit card.
Sometimes the product specifications of goods may change, in which case we will reasonably offer you a substitute of the same or better quality at the same price. All sizes and measurements are approximate but we try to make sure that they are as accurate as possible. On the rare occasion that there is an error, we will advise you about it as soon as possible.
Goods will be delivered to the address stated by you, in line with the delivery option chosen by you (please see delivery policy.) The timescales listed for delivery are only intended as a guide. Nurtured by Nature does not accept any liability for delays in the delivery of the goods, caused by a third party or by an occurrence outside of our control. All risk for the goods passes to you once delivered.
When the goods have been delivered to you, you must complete an inspection of them. At this point it will be deemed that you have accepted the goods, unless you return the goods, in line with the Returns Policy. Outside of this, we shall not be obligated to accept a return after this period.
If you discover any items missing from the order, please notify the Customer Support team on firstname.lastname@example.org
All goods supplied are warranted free from defect from the prescribed time after opening (length of time varying from product to product). This warranty does not affect your statutory rights.
This warranty does not however apply to any defect with a product arising from normal wear and tear, wanton damage, negligence by you or a third party, accident, failure to follow instructions or use outside of the use stated for that product by the manufacturer.
If any product develops a defect within the warranty period, you should notify the Customer Support team on email@example.com.
Intellectual Property – Copyright & Trademarks:
NBN Limited reserve all rights to copyright and trademark on This Website (including pictures, logos, written text, designs, photographs, supporting data, and all other material.)
It is prohibited to modify, distribute or reproduce any part of This Website. You may however copy, print or download any items or material on This Website for the purpose of using The Website or placing an order through This Website or sending details to a third party for their personal use.
All Website content, including, but not limited to graphics, images, logos, buttons, text, icons, software and site compilation (the Content) is the property of Journey Limited, our partners, licensors, and associates, and is protected by NZ and international copyright laws.
Trade Marks and Logos on The Website (the Trade Marks) are both the registered and unregistered marks of Journey Limited, our associates, our partners or our licensors worldwide and are protected under NZ and International Trade Mark laws. All other Trade Marks are the property of their respective owners.
Disclaimer & Limit of Liability:
NBN Limited does not seek to exclude or limit liability arising from its negligence or that of any of its employees, directors, agents or members or for any fraudulent misrepresentation.
As permitted by law and save as above, neither Journey Limited or any associated company shall be held liable to you by reason of any representation, or any implied warranty, or condition or any duty at common law, or under the express terms of the contract or in negligence (whether on the part of NBN Limited or any of its employees, directors, agents, members or otherwise) for any:
- Interruption of business;
- Data non-delivery, corruption, misdelivery, destruction or other modification;
- Loss or damages of any sort caused as a result of using off-website links on The Website;
- Inaccuracies, omissions or misleading, false or deceptive statement in the content;
- Access delays or access interruptions when using The Website.
- Viruses, computer or server malfunction or failure whilst using The Website;
- Viruses, computer or server malfunction or failure caused during using a hyperlink to or from a third party website;
- Events beyond our reasonable control.
The limitations of liability in these T&C shall be applied equally to NBN Limited and any associated company of NBN Limited, with each reference to NBN Limited being a reference to such associated company.
NBN Limited shall not be held liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to The Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. The maximum liability of NBN Limited in connection with any contract for any products for which these T&C apply, shall not exceed the price of the products supplied, except as expressly laid out in these T&C.
NBN Limited shall not be liable to you or be deemed in breach of any contract with you by reason of any delay or failure to perform any contractual obligation in relation to the products ordered by you on The Website, if the delay or failure was due to any event beyond our reasonable control.
NBN Limited reserve the right to assign or transfer any of its rights or duties or subcontract any role or obligation under these T&C to any third party.
Any person who is not a party to these T&C shall have no right of enforcement of any term under the Contracts (Rights of Third Parties) Act 1999.
We are not responsible and cannot be held liable for any links to websites from The Website or from other websites to The Website. These are provided for convenience and are not an endorsement of that website by us, or any of our affiliates or partner organisations.
You agree to indemnify and hold harmless NBN Limited for any loss, costs or damages including legal fees, resulting from any third party claim, demand or action resulting from your usage of The Website. Furthermore you agree to indemnify Journey Limited for any loss, costs or damages including legal fees, resulting from your use of any software tools including but not limited to crawlers, spiders, spyware or other tools that increase unreasonably the load on our servers or system.
If any of the terms in these T&C are held invalid, the other T&C shall continue in full force. We reserve all right to change these T&C at any time. Changes will be posted in this position on The Website, and your continued use of The Website is accepted as your agreement to the changed T&C. We advise you to visit this section on a regular basis to note any alterations.
We reserve the right to terminate with or without prior notice any of the rights granted by these T&C. You shall comply immediately with any termination or other notice, including the ceasing of all usage of the website.
NBN Limited retain all right to withdraw any goods or products from The Website, alter the content of The Website, or refuse the supply of goods to any person for any reason, and shall not be held liable to any party by reason of the withdrawing of goods from The Website, the stopping of any transaction after the process has begun or the altering The Website or Website content.
If you have any questions regarding these T&C, please feel free to contact the Customer Support team at firstname.lastname@example.org
Official Information: Company Registered in New Zealand No: 1559320 Registered Office: Level 1, Millstream Building, 17-19 Elizabeth Street, Warkworth New Zealand. IRD/GST No: 89-129-192
NBN Limited (we) require(s) the collection of ‘Personal Information’ (the phrase ‘Personal Information’ means information by which you can be identified, such as name, address, telephone number, email address and credit card details) to process your order, and to notify / update you about your order. This information is provided by you when you create an account and purchase products from the website.
Use of Information:
We will use your information in 5 ways:
- Processing or your order
- Management of your account
- Administration of the website
- Tracking of site visitors and monitoring of traffic patterns
- Notification of new products, services and special offers that may be of interest to you
Further to this we may share or transfer this information with or to associates & partners to:
- Enable them to undertake activities such as marketing on our behalf
- Enhance this website
- Help in the development of similar sites
We may disclose any information, including Personal Information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.
We may from time to time use the services of third parties suppliers to provide a range of support services. Any information that is shared with them, is only provided to allow them to fulfill their role, and cannot be used for any other purpose.
We will at all times, try to keep Personal Information you have given to us accurate. We do not accept any responsibility or liability for the ongoing accuracy of this information. If you find that any of the information is inaccurate, please email email@example.com and we will attempt to make the necessary changes.
Should you decide that you no longer want us to keep a record of your information, please email firstname.lastname@example.org requesting deletion.
Cookies are text-only strings of information, which are transferred to the cookie file in your browser on your computer, allowing the website to remember who you are. Our cookies do not contain any personal information about you. We believe that this can greatly assist us in optimising your experience of our site, but if you prefer not to accept cookies, your Internet browser should be able to be set up in that way.
By using this website, you hereby consent to the collection, processing and use of the personal information supplied by you, for the stated purposes.
To allow for development and continuing growth, we may at time sell off sections of the business or be sold. In these circumstances, ‘Personal Information’, which may be deemed a business asset, may be included in this transaction. Submission of your details on this site, acknowledges your agreement to your information being transferred to such parties.
Notification of Changes:
If you have any questions, please email us at email@example.com