Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by {Seeberg Management Ltd} ("{Deciduus & Santie}", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at {www.deciduusandsantie.co.nz} ("the website"). They are effective from {01/06/2020} and will replace all earlier Seeberg Management Ltd} terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept the following credit cards:

Visa, MasterCard and American Express

We also accept payment from your PayPal account and Laybuy if you have one.

Credit Card Security

All payments are processed via STRIPE and or PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.

Click here to for PayPal's terms.
https://cms.paypal.com/nz/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US

Shipping and delivery

Shipping is calculated once you enter your details.
Shipping Fees:
Economy Courier - Tracked North Island (Excl Rural) $12
South Island (Excl Rural) $17
Rural North Island $16
Rural South Island $21
*Please choose Rural North Island or Rural South Island at checkout if you have an RD address.
Express Courier NZ Wide - $30 Compensation Cover $250 - $2000 - Optional but recommended for items valued over $250. Overnight aimed but not guaranteed by NZ Post.
International shipping fees will be individually calculated with each country slghtly different depending on what we are charged in NZ.

Returns & Damaged Parcels

Both NZ Post, Courier and Aramex sees plants as perishables and will not insure any loss or damage due to miss handling. We take all the care to package your plants safely but the risk is yours. Please read below to see what we cover.

Plant Returns (No Refund): Due to the fragile nature of plants we don't offer refunds or store credit on any plant purchases if you change your mind. All sales of plants are deemed final. Please make sure of your order before purchasing plants.

Badly Damaged plants due to shipping (Replacement or Store Credit): Sometimes plants are badly damaged during shipping. Please contact us within 24 hours with photo evidence to discuss the problem and we can arrange a replacement or store credit if we don't have more in stock. Please note that we do not offer refunds on plants. A replacement or store credit will only be issued once we receive the damaged plant. Please note: The return shipping cost of the damaged plants back to us will be the buyers expense.

Missing Orders: In the rare instance that your order goes missing, we will replace your order and if we cannot replace it we will issue you with store credit. NZ Post and Aramex will not refund missing perishables so the replacement comes out of our pockets alone.

ART & OBJECT PURCHASES:
Change of mind REFUND (48hours): If you are not satisfied with your purchase we will refund the cost of your order less shipping within a 48hour period upon receiving the item. We will issue this to you when we receive the goods back in its original condition, unused and in original packaging. Shipping the goods back to us will be the buyers expense.
Exhcange or Store Credit (14 Days): We are happy to offer you store credit for an exchange or future purchase. You have 14 days to contact us for an exchange or store credit. The store credit will be valid for 12 months upon agreement. We will issue this to you when we receive the goods back in its original condition, unused and in original packaging. The return shipping of the goods back to us will be the buyers expense.
Damaged goods(24hour Refund): Please contact us within 24hours of receiving the damaged products and we will refund you the cost of the product and shipping. Please note that the return shipping of damaged goods will be the buyers expense.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.


To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at {www.deciduusandsantieco.nz}.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.