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Terms & Conditions
Last updated on 03.02.2020 – Terms and conditions
Welcome to Zealandia Honey!
These terms and conditions outline the rules and regulations for the use of Zealandia Honey Limited’s Website, located at https://zealandiahoney.com/.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Zealandia Honey if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of New Zealand. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Zealandia Honey Limited and/or its licensors own the intellectual property rights for all material on Zealandia Honey. All intellectual property rights are reserved. You may access this from Zealandia Honey for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Zealandia Honey
Sell, rent or sub-license material from Zealandia Honey
Reproduce, duplicate or copy material from Zealandia Honey
Redistribute content from Zealandia Honey
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Zealandia Honey Limited does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Zealandia Honey Limited, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Zealandia Honey Limited shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Zealandia Honey Limited reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Zealandia Honey Limited a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Zealandia Honey Limited; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Zealandia Honey Limited. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Zealandia Honey Limited’s logo or other artwork will be allowed for linking absent a trademark license agreement. This also implies for brands owned by Finn & Roy Enterprises Limited such as Zealandia Honey.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Terms of Trade
Last updated on 01.01.2020 – Terms of Trade
All contracts for the supply of honey and contract packing services (“the Goods”) between Zealandia Honey Limited (“Us/We”) and the above-named applicant, user of this website, or any party receiving an invoice subject to these terms from us for the goods (“you”) will be governed by these terms of trade subject to any other special terms that may be notified to you relating to a particular supply.
2. PRICES AND PAYMENT
2.1 Unless stated otherwise, all quotes and prices are exclusive of GST which will be added where applicable and is payable by you.
2.2 Unless otherwise agreed in writing:
• All freight, insurance, delivery and travel charges will be additional to any price
• Any quoted price is subject to variation and may be increased if we incur an increase in costs due to foreign currency rates, freight and insurance charges (if included), or as a result of increases in the cost of materials and labour beyond our control.
• All Goods for export are 50% payable on order confirmation with remaining 50% payable on completion of order.
• All Goods for local distribution are payable by the date due on invoice or as otherwise agreed.
All invoices must be paid as per payment date on invoice or by the 20th or the month following the date of invoice.
2.3 Without prejudice to any other rights of action, if you fail to pay in full by the due date we may:
• Charge you interest at 10% per month calculated on a daily basis from the due date to the date of payment
• Cancel or withhold supply of further work or orders.
2.4 All payments shall be made free from exchange or deduction to our office or bank account as notified on our invoices.
2.5 All costs and expenses (including full legal fees and commissions payable by us) incurred in obtaining payment of any overdue account, are payable by you
2.6 Any dispute regarding payment must be notified to us in writing within 7 days of delivery of the goods or the date of issue of the tax invoice whichever is the sooner.
3. RETENTION OF TITLE
3.1 Ownership in the Goods supplied remains with us until you have paid for the Goods in full:
• You hold the Goods as a fiduciary for us and will deal with them as our agent (but
you may not hold yourself out as such to third parties)
• You are prohibited from selling or otherwise disposing of the Goods before ownership and title of the goods supplied has passed to you. If you do sell them, any period of credit applicable to the sale of the Goods will automatically terminate and you must hold the proceeds of the sale of the Goods separately on trust for us.
• You irrevocably give us the right to enter any premises where the Goods are stored and remove and sell them. You indemnify us against all costs and expenses associated with the recovery and sale of the Goods, and against any claim including for any damage, injury or loss whatsoever suffered by any other person arising out of the recovery and/or resale of the Goods.
4. RISK AND DELIVERY
4.1 Delivery occurs when the Goods are made available at our premises for pick up by your nominated carrier, or our nominated carrier delivers the Goods to your nominated address. We are not liable to you for failure to deliver Goods where the failure arises from or as a result of circumstances outside our control and delay in delivery does not entitle you to cancel any order or refuse to accept delivery of the Goods.
Unless otherwise agreed in writing with you, from the time the Goods are picked up from our premise, risk of any loss or damage to the Goods from whatever cause lies with you and you are solely responsible for arranging insurance for Goods dispatched.
4.2 If any Goods are damaged or destroyed prior to ownership passing to you, without prejudice to any of our other rights, we are entitled to all insurance proceeds payable for the Goods and production of this contract is sufficient evidence of our right to receive those insurance proceeds without the need for any person to make further enquiries.
5. WARRANTY AND LIMIT OF LIABILITY
5.1 We will not be liable to you:
• Where you have altered, modified or mis-applied the Goods or subjected them to any non-recommended use, servicing or handling, or failed to comply with any written warranty terms;
• For any indirect or consequential loss including any loss of profits or any loss caused by factors beyond our control;
• For any other loss that is not notified to us within 2working days of delivery of the Goods
5.2 In any event, our liability (whether in contract, tort or otherwise) for any loss, damage or injury whatsoever shall be limited to, in our discretion, the replacement or repair of the Goods or the purchase price of the Goods in respect of which the loss or damage is claimed.
6.1 You may not cancel an order for Goods without our written consent. We may retain any deposit paid.
6.2 We may cancel an order that is impractical, or not cost efficient for us to supply or if we believe, in our opinion, that there is risk that you are not solvent.
7.1 All Goods delivered to us or in our possession for may be retained by us until our services have been paid for in full. Where we retain a lien over your Goods, and you are more than 90 days overdue with payment, we may sell those Goods on terms we think fit and apply the proceeds to the amounts owing to us.
8. APPLICABLE LAW
8.1 The law and the jurisdiction of this contract shall be that of New Zealand.
9. CREDIT INFORMATION
9.1 You irrevocably authorise us to collect, retain and use personal information about you or the persons named in the application form for the purpose of assessing creditworthiness, maintaining effective customer and credit records, administering and financing, whether directly or indirectly, your contracts and enforcing our rights. You irrevocably authorise any person or company to provide any information to us for these purposes.
9.2 You further irrevocably authorise us to disclose to any person or company any information regarding any dealing between us. You have the right to access and request correction of personal information held by us.
10. PERSONAL PROPERTY SECURITY ACT 1999 (“PPSA”)
10.1 To the extent permitted by law, you agree that we contract out of Sections 114(1)(a), 133 and the Purchaser’s rights referred to in Sections 107(2)(c), (d), (e), (h) and (i) of the PPSA. This means that until ownership of the Goods passes to you, you waive your rights under the PPSA to:
• Receive a copy of any verification statement or financing change statement,
• Receive notice that we intend to sell the Goods or retain them to enforce our
• Redeem the Goods or object to our proposal to retain goods in satisfaction of any obligation owed to us
• Receive a statement of account on the sale of the Goods (although you are entitled to have any surplus funds returned to you)
• Where the Goods become an accession, as defined in the PPSA, receive notice of the removal of the accession and not have goods damaged by that removal;
And you must not give us, or allow any other person to give us, written demand to register a financing change statement or allow any person to register a financing change statement.
10.2 You acknowledge that by signing these terms you grant us a security interest in our Goods and any proceeds of those goods on every supply made to you, and you will enter into any further documents or provide further information necessary for us to register a financing statement protecting our interests.