PARTIES
These terms and conditions form an agreement between The Elephant Tree (www.theelephanttree.co.nz) (Us) and the Visitor or User of this website (You)
INTRODUCTION
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
LICENSE TO USE WEBSITE
Unless otherwise stated, The Elephant Tree and/or its licensors own the intellectual property rights for the website and the material contained on the website.
You may view, download and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
· republish material from this website (including republication on another website)
· sell, rent or sub-license material from the website
· show any material from the website in public
· reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
· edit or otherwise modify any material on the website, or
· redistribute material from this website except for content specifically and expressly made available for redistribution.
ECOMMERCE
Pricing
All prices shown on this website are in New Zealand dollars and include GST.
Pricing errors may occur on the site from time to time. The Elephant Tree attempts to correct all pricing errors as soon as they are discovered, or as soon as we are notified of an error. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation from us. Any payments made for any such cancelled orders will be refunded in full.
Orders and Payment
When you purchase goods, the legal contract that is formed comprises of the Terms and Conditions, the email confirmation of your order and applicable details on the product page.
Your purchase of items may only be paid for using a debit or credit card through our payment facility. The payment will show on your statement under the name The Elephant Tree.
By submitting an order and proceeding through the ‘checkout process’ you are making an offer to purchase goods which, if accepted, will result in a binding contract. Neither submitting an order nor completing the checkout process constitutes acceptance of your order.
No order shall be deemed to be accepted until an email acceptance of order has been issued from The Elephant Tree. The contract will relate only to those items notified in the email acceptance of order. If, for any reason, an order is not accepted a full refund will be made.
The Elephant Tree reserves the right to refuse to process a transaction for any reason (including suspected fraud) or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing, unwinding or suspending any transaction after processing has begun.
Whilst we attempt to display the colours of the product listings as accurately as possible, we cannot guarantee that the colour you see matches the actual product colour, as the colour displayed depends on factors beyond our control.
Delivery and Returns
Your shopping basket on the Site displays the products you have selected and a summary of postage and packing charges. The delivery cost varies according to the destination you choose to have the item delivered to and the delivery method(s) on offer. Individual delivery charges are clearly displayed on the product listing page, in your basket and on the check-out page. Any delivery times quoted are estimates only in working days.
You should contact The Elephant Tree directly using the order enquiry function on your account for customer service issues relating to a product purchased from our Marketplace, such as if you wish to discuss or arrange a return, exchange or refund. The Elephant Tree will help you resolve your issue solely in accordance with this Agreement and our Returns & Refunds Policy. The Elephant Tree will refund any money owing to you for product returns. Payments will be made after we confirm that items have been returned in accordance with the Returns and Refunds Policy.
ACCEPTANCE OF TERMS
Orders or payments performed through this website is a confirmation of acceptance of the terms and conditions of this website.
INVOICE / CONFIRMATION
On the successful completion of a registration or payment through the website, and invoice or confirmation will be sent to the specified email address confirming the transaction.
TRADING NAME
The name that will appear on any statements or confirmation emails will be: The Elephant Tree, a trading entity of Kakariki Earth Limited which is a 100% New Zealand owned company.
ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the express written consent of The Elephant Tree.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without express written consent from The Elephant Tree.
RESTRICTED ACCESS
Access to certain areas of this website is restricted. The Elephant Tree reserves the right to restrict access to areas of this website, or indeed this entire website, at The Elephant Tree’s discretion.
If The Elephant Tree provides you with a User ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the User ID and password are kept confidential.
The Elephant Tree may disable your user ID and password in The Elephant Tree’s sole discretion without notice or explanation.
NO WARRANTIES
This website is provided “as is” without any representations or warranties, express or implied. The Elephant Tree makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, The Elephant Tree does not warrant that:
· this website will be constantly available, or available at all; or
· the information on this website is complete, true, accurate or not misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
LIMITATIONS OF LIABILITY
The Elephant Tree will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
· to the extent that the website is provided free-of-charge, for any direct loss;
· for any indirect, special or consequential loss; or
· for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if The Elephant Tree has been expressly advised of the potential loss.
EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Elephant Tree’s liability in respect of any:
· death or personal injury caused by The Elephant Tree’s negligence;
· fraud or fraudulent misrepresentation on the part of The Elephant Tree; or
· matter which it would be illegal or unlawful for The Elephant Tree to exclude or limit, or to attempt or purport to exclude or limit, its liability.
REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
INDEMNITY
You hereby indemnify The Elephant Tree and undertake to keep The Elephant Tree indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Elephant Tree to a third party in settlement of a claim or dispute on the advice of The Elephant Tree’s legal advisers) incurred or suffered by The Elephant Tree arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to The Elephant Tree other rights under these terms and conditions, if you breach these terms and conditions in any way, The Elephant Tree may take such action as The Elephant Tree deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATIONS
The Elephant Tree may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ASSIGNMENT
The Elephant Tree may transfer, sub-contract or otherwise deal with The Elephant Tree rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between you and The Elephant Tree in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
APPLICABLE LAW
The agreement shall be governed by and construed and interpreted in accordance with the law in force for the time being in New Zealand.
The parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand for any matter arising under or touching this agreement.
CREDIT
The above Terms and Conditions, and our Privacy Statement was based on a template written by Contractology available at http://www.freenetlaw.com.