Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE PRIVACY STATEMENT CAREFULLY BEFORE USING THIS SITE.
1. DEFINITIONS
1.1 "Customer" means any person who uses The Natural Land (including, without limitation, any person who purchases Products via The Natural Land). The Natural Land reserves the right to refuse customers who purchases goods for resale.
1.2 "GST" means any amounts levied or charged pursuant to the Goods and Services Tax Act 1985.
1.3 "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
1.5 "Products" means the products for sale on The Natural Land.
1.6 “Terms and Conditions” means these terms and conditions of sale (as amended from time to time).
1.7 "Prokiwi" means Prokiwi International Limited, who is the seller of the products on sale on thenaturalland.co.nz.
1.8 "The Natural Land" means, as the context requires (i) this internet site accessible at thenaturalland.co.nz; or Prokiwi (the owner of this internet site).
2. GENERAL
2.1 Sale of all Products and use of The Natural Land subject to Terms and Conditions.
2.2 Terms and Conditions to prevail
These Terms and Conditions constitute the entire agreement between the Customer and The Natural Land relating to the subject matter herein and shall prevail over any other document purporting to have a contractual effect.
2.3 Customer liable for every order
The Customer will be liable for every order made and agrees to indemnify and keep The Natural Land indemnified against all losses, liabilities, penalties, damages, claims, demands, actions, costs, charges and expenses whatsoever which The Natural Land incurs, or which may be made against The Natural Land by any third party, as a result of the actions of a person placing orders for the Products.
2.4 Security of Information
The Natural Land shall use reasonable endeavours to prevent any unauthorised entry onto The Natural Land. However The Natural Land shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
3. PRICE
3.1 Currency
The prices of products are displayed in New Zealand currency.
3.2 Prices inclusive of GST
The prices of the Products are inclusive of GST when purchased in New Zealand, it is up to you to to find out any other charges for the goods upon entry to your country
3.3 Internet Service Provider charges
The Customer shall be individually responsible for any Internet Service Provider charges.
3.4 Delivery charge
The Natural Land shall charge the Customer a delivery charge which covers the costs associated with the picking, packing and delivery of the Customer’s order. The charge shall be identified and included in the total price at the point of “checkout”. The Natural Land is entitled to change this charge at any time for future orders.
3.5 Variation of order and price
If the Customer requests a variation to an order which The Natural Land accepts, then the price payable for the order will be adjusted accordingly to reflect the variation, and recorded on the invoice.
3.6 The Natural Land may vary prices
The Natural Land may vary the prices of the Products at any time without notice.
3.7 Prices available on The Natural Land may differ from in-store pricing.
The prices for the Products listed on The Natural Land are only available when purchasing Products online unless stated otherwise.
4. PRODUCT RANGE AND AVAILABILITY
4.1 Product availability
Every effort will be made to fulfil orders placed with The Natural Land, but The Natural Land shall not be liable to any person if The Natural Land decline to supply the Products for any reason whatsoever.
The Natural Land reserves the right to determine the specials that are available online. Some advertised specials on behalf of The Natural Land may only be available in store and not through The Natural Land. In addition, specials that are available online are subject to availability while stocks last.
The Natural Land does not allow back orders for specials that are not available at the point of ordering.
4.2 Product range
The Natural Land reserves the right to limit the range of Products available to certain areas.
The Natural Land reserves the right to limit quantities of Products that can be ordered by a Customer.
The Natural Land may delay dispatch of a bulk order due to stock availability. Delivery may be by instalments.
4.3 Seasonal lines
Every effort will be made to fulfil orders placed with The Natural Land, but The Natural Land shall not be liable to any person if The Natural Land are unable to supply Products due to the seasonal nature of such Products.
5. PAYMENT
5.1 Payment by credit card
The Customer shall make payment of each order by credit card at the time of placing an order. The Natural Land accepts Visa or Mastercard. You will be charged in New Zealand dollars.
5.2 Debt Collection
The Customer is liable for all costs associated with debt collection where the Customer's payment has defaulted for an order(s).
5.4 Change to Payment Policy
The Natural Land may change at any time the way in which the Customer pays for the Products, and any change will be notified to the Customer via The Natural Land.
5.5 Customer Statements
The name that will appear on Customer statements will be "The Natural Land”.
6. DELIVERY
6.1 Delivery Areas
The Natural Land delivers to over 220 countries around the world, shipping prices will be determined based on weight, size and delivery location
6.2 Right to withhold delivery
The Natural Land may withhold the right to deliver the Products to the Customer for any reason whatsoever (including, without limitation, location).
6.3 Reasonable endeavours
The Natural Land shall use reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form within a reasonable time.
6.4 Change of Address
The Customer is to notify The Natural Land (info@thenaturalland.co.nz) immediately of a change to its delivery address and in such case the notification shall be treated as a new application for registration.
6.5 Delays to delivery
Notwithstanding clause 6.2, The Natural Land shall not be liable for any failure to deliver within a reasonable time whether the delay is due to causes beyond the control of The Natural Land or otherwise.
6.6 Delivery deemed to have taken place
Delivery will be deemed to be effected upon the direct transfer of possession of the Products from The Natural Land to the Customer, or upon possession of the Products being given to a carrier, courier or other bailee for the purposes of transmission to the Customer.
7. VARIATION/CANCELLATION OF ORDER
7.1 Variation/cancellation of order
The customer may vary or cancel the order up to the point in time that The Natural Land has commenced packing the order by contacting The Natural Land on +64 3 595 1269
7.2 Substitution of Product
Subject to the Customer's consent, The Natural Land may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
8. PROPERTY/RISK
Risk in the Products shall pass to the Customer upon delivery (as described in clause 6.6). Ownership of any Products passes to the Customer when the Customer has paid for the Products in full and delivery is made.
9. RETURNS/REFUNDS
If, for any reason, you are dissatisfied with your order, please contact us within 7 days of receipt of your order
10. WARRANTIES
10.1 Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of The Natural Land is authorised to make any warranties, representations or unauthorised warranties, representations or statements. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that The Natural Land assumes no obligation or liability for any advice given and all Products are accepted by the Customer entirely at the Customer’s risk.
10.2 Consumer Guarantees Act
The Customer acknowledges and agrees that where the Products are ordered for business purposes (as that term is defined in the Consumer Guarantees Act 1993) ("CGA") the provisions of the CGA shall not apply.
11. LIABILITY
11.1 Liability
Subject to the CGA, The Natural Land excludes all liability for damage, injury or loss arising directly or indirectly from any defect in or non-compliance of the Products. In any event, The Natural Land's liability, whether in contract, tort or otherwise, for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of The Natural Land's obligations under these Terms and Conditions shall not exceed the price of the Products ordered by the Customer.
11.2 No liability for indirect loss
The Natural Land shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall The Natural Land be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons.
12. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property relating to The Natural Land is vested in and is the property of Prokiwi (or is included with the permission of the relevant owner). No part of The Natural Land may be distributed or copied for any commercial purpose and you are not permitted to incorporate the contents of The Natural Land or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. Further, you may not copy, use, remove or alter any Intellectual Property that appears on The Natural Land or on any content on The Natural Land.
13. FORCE MAJEURE
If the performance by The Natural Land of its obligations under The Natural Land is prevented by reason of "force majeure" (which shall include fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of The Natural Land) The Natural Land shall be excused from the performance of its obligations under these Terms and Conditions.