TERMS & CONDITIONS OF WEBSITE USE
Evergreen Garden Care NZ Ltd welcomes you to this website. By viewing the pages of this website, you acknowledge that you have read and accepted these terms and conditions.
The information provided in this site is based on information supplied by Evergreen Garden Care NZ Ltd (unless otherwise specified) and is intended only as an introduction and guide to Tui and its range of available products.
While every endeavour has been made to supply accurate information, errors and omissions may occur. Accordingly Evergreen Garden Care NZ Ltd does not accept any liability 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.
1. Definitions
In this policy
- "our", "we", "us" or "Tui" means Evergreen Garden Care NZ Ltd providing you with our services.
- "you" or "Customer" means you, the person using our services, buying our products or visiting our website.
- "Goods" or "Services" means all goods, products or services we provide and anything else we do for you, including providing you with access to our website.
- Order" is a purchase request submitted by the Customer to buy Goods from from this website,
- the "Site" refers to www.tuigarden.co.nz
- "Evergreen Garden" refers to Evergreen Garden Care NZ Ltd trading as www.tuigarden.co.nz
2. Agreement
By placing an order on www.tuigarden.co.nz, the Customer agrees to be bound by these Terms and Conditions of use.
3. Prices
All prices are in New Zealand Dollars (NZD) and include GST (Goods and Services Tax) unless otherwise stated. Additional charges for shipping usually apply (please see Shipping & Delivery Section).
We reserve the right to change our product’s prices at any time without prior notice, and these will take effect immediately.
4. Discounts & Offers
From time-to-time we may feature special promotional offers including but not limited to price discounts, volume discounts, shipping discounts, etc. These offers are made purely at the discretion of Evergreen Garden and can be withdrawn at any time.
The nature of these offers, the timing of these offers and the terms associated with these offers are also purely at the discretion of Evergreen Garden. No discount will be applied retroactively. Unfortunately, this sometimes means that a customer may pay more for an item if they purchase before an offer is publicised or after an offer ends.
Please do not request special treatment in this case.
5. Payment
Our store is powered by Shopify. They provide us with the online e-commerce platform and payment gateway that allows us to sell our products to you.
Shopify collects and securely stores personal information and payment related data related to all transactions on our website. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. Evergreen Garden does not store or have access to payment card details.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.
Current payment methods accepted include debit or credit cards only, including Visa and MasterCard. We are not able to offer bank transfers or other card types.
6. Shipping & Delivery
Delivery charges will be calculated for each order once an address has been entered during the checkout process. The relevant amount will be shown as a separate item before you enter payment details and confirm your order. Please note there is an additional charge for rural delivery addresses*.
Delivery will be by courier or by any delivery service as chosen by Evergreen Garden, and we may update our delivery fees at any time.
Once your order has been placed, we aim to deliver it to you within 3-5 working days for most parts of the country. Delivery to rural addresses and the lower South Island can take up to 10 days.
You can track the status of your shipment via the link provided in your Shipping Confirmation email or clicking here.
|
Delivery address |
Delivery charge |
Estimated delivery time* |
|
Residential areas |
$5.50 |
3-5 Business Days |
|
Waiheke Island |
$10.00 |
7-10 Business Days |
|
Rural areas* |
$8.75 |
7-10 Business Days |
*As defined by Post Haste address data. Delivery times provided are estimates only and www.tuigarden.co.nz will not be liable for any delay in delivery.
7. Returns & Refunds
Please choose carefully as we do not offer refunds or exchanges for change of mind purchases. We do our best to ensure a quality product and customer experience with Tui products.
However, if your Tui Seed products haven’t performed to expectations and have been handled according to guidelines for use, we will provide a remedy as required by the Consumer Guarantees Act 1993.
It’s important to note that significant variations may occur in the performance of Tui Seed products due to a range of conditions including gardening practices, climate, soil type and geographic location. If the Tui Seed products ordered are not suitable for the purpose and conditions for which they are required, Evergreen Garden shall be under no liability if they are not.
To notify us of a problem with your order or Tui Seeds please email onlinesales@evergreengarden.nz with your name, order number and ideally a photo of the product and a brief description of the issue.
8. Disclaimer of Warranties & Limitation of Liability
Evergreen Garden warrants to the extent of the purchase price, that Tui Seed products supplied, is within recognised tolerances as described on its packaging and related marketing or promotional materials.
The Consumer Guarantees Act 1993 shall apply for retail purchases of Tui Seed products and shall not apply if the Customer acquired or held himself or herself out as acquiring the Seed and/or Products for the purposes of a business.
Evergreen Garden's liability for any claim relating to a purchase will not exceed the purchase price of the product. Except as expressly provided for in these Terms, Evergreen Garden gives no other express or implied warranties.
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
9. Privacy
All personal information provided by the Customer will be handled in accordance with our Privacy Policy and New Zealand's Privacy Act 2020.
10. Intellectual Property
Evergreen Garden owns all copyright and all other intellectual property rights in this site. Everything on this site is copyrighted unless otherwise noted. Evergreen Garden welcomes the use of this site for your non-commercial use only provided that you do not remove any copyright, trademark and other proprietary notices contained in the content. We advise that you may not copy or display for redistribution to third parties or for commercial purposes any portion of this site without Evergreen Garden express permission.
11. Links
The sites linked to this site are not under the control of Evergreen Garden. Evergreen Garden is not responsible for, and makes no representations, warranties or conditions concerning, the contents of any linked site or any link contained in a linked site. Evergreen Garden provides links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation, or verification by Evergreen Garden.
12.Jurisdiction
This website is governed by, and is to be interpreted in accordance with, the laws of New Zealand. Any disputes or claims arising out of or in connection with these terms shall be subject to New Zealand laws and the exclusive jurisdiction of New Zealand courts.
13. Changes to these Terms
Evergreen Garden Care NZ Ltd reserves the right to change these Terms and Conditions at any time without prior notice. Changes will be effective once they are published on our website.
Please contact us with and questions about our Terms and Conditions, or Privacy Policy.