Credit Card Account means your
GST means goods and services tax payable under the New Tax System, Goods and Services Tax;
Intellectual Property includes (without limitation) any right to, and any interest in, any patent, design,
person includes a corporation, association, firm, company, partnership or individual;
Product means the products on this website which you may order from us;
Site means the Victoria Gardens website;
we, our, us means Victoria Gardens , its agents, representatives, successors and assigns; and
2.1 You must:
2.2 While we will
2.3 We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.
3.1 The price for the Products will be:
as quoted on the Site at the time of placing your order.
3.2 Where you require the Products to be packaged in a non-standard manner, we may charge for the cost of the packaging in addition to the costs set out in clause 3.1 above.
3.3 We may alter the prices of the Products at any time without notice.
4.1 We will deliver the Products to the premises nominated in your order at our cost (at the rate specified herein) within a reasonable time of accepting your order. If we have specified a delivery date, we will try and deliver the Products to you by that date. Time will not be of the essence and we will not be liable to you for late delivery. Late delivery does not entitle you to cancel any order or part of any order.
4.2 We may deliver the Products to you by
4.3 We will re-deliver, replace or refund the Product (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address.
We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products. The Products are at your risk as soon as they leave our premises for delivery to you.
6.1 To the extent permitted by law, all express or implied conditions and warranties in connection with the Site, the Service and the sale of any Products are excluded.
6.2 We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances, to the extent permitted by law, we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option to:
6.3 Where you resupply the Products in trade:
6.4 You indemnify us against any liability or cost incurred by us under the Competition and Consumer Act 2010, any other legislation or regulation or the common law as a result of any breach by you of these terms.
7.1 The material and information contained on the Site
7.2 You agree that we, and anyone that we are responsible for, are not liable to you
7.3 If, despite the other provisions of these Terms, we are found to be liable to you then, without limiting your obligation to indemnify us in accordance with these Terms, our liability for any single event or series of related events is limited to the amount you paid for the Product which gave rise to your claim.
7.4 You confirm that these Terms are reasonable having regard to the price payable for the Products and their nature.
You warrant that you are
9.1 Subject to your rights at law, we will only accept the return of Products if:
9.2 For the avoidance of any doubt, you may not return Products because you change your mind.
9.3 You must pay all costs of returning Products to us, however, we will refund those costs if we accept the return of Products under clause 10.1. All Products returned must be in their original condition and packaging (except for defective or faulty Products) along with any accompanying accessories and an explanation for returning the Products. Please return Products to:
Victoria Gardens , 176 Queen Victoria Street, Motueka, 7120
9.4 If we do not accept the return of Products under clause 10.1, the Product will be returned to you and you will be charged all freight charges incurred by us in relation to returning the Product to you. We may charge your credit card with any
9.5 If you have any problems regarding your order - you may contact us at email@example.com (citing an order number).
You acknowledge that we remain the sole owner of all Intellectual Property rights in the Products, including, for the avoidance of doubt all copyright in the design, layout and formatting of the Products. You must not copy, alter, reproduce or publish any Product or any part of a Product, nor permit any person to do so, except as
You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the Site, or the supply or non-supply of Products.
You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:
12.2 If the information is not provided your order may not be processed.
12.3 You have rights of access to, and to request correction of, your personal information. To do so contact Victoria Gardens , 31 Wallace Street, Motueka 7120. At firstname.lastname@example.org
13.1 Vienna Convention Excluded
The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply to these Terms of Sale.
13.2 No Waiver
Any exercise or failure to exercise any right or remedy available to us does not limit our rights to exercise that or any other right or remedy. A waiver of any of these Terms must be specified in writing and signed by one of our
13.3 Express Rights
The exercise by us of any express right set out in these Terms (express right) is without prejudice to any other rights, powers or remedies available to us in these Terms, at law or in equity, including any rights, powers or remedies which would be available to us if the express rights were not set out in these Terms.
Where any part of these Terms is rendered void, unenforceable or otherwise ineffective by operation of law that will not affect the enforceability or effectiveness of any other part of these Terms.
You must not assign your rights, or subcontract your obligations, under these Terms without our prior written consent.
13.6 Application of these Terms
These Terms prevail over any inconsistent Terms in any other communication or agreement, even if at some later date we, or our agents, sign or otherwise purport to accept the Terms of that communication or agreement.
We may amend these Terms from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review these Terms each time you use the Service for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to these Terms will constitute your acceptance of the new terms & conditions applying to the Service.
These Terms are governed
14.1 Shopping online with your credit card
You are responsible for protecting your own computer(s) and/or network from being affected by viruses or anything else likely to corrupt or compromise your data ("Virus") while using our website. Victoria Gardens is not responsible if you are unable to access or use the website due to any Virus nor for loss or damage you may suffer as a result of a Virus affecting your computer(s) and /or network. Below
Additional security offered through ‘Verified by Visa’ and ‘MasterCard® SecureCode™' by our Service Provider. Unfortunately, no data transmission over the Internet or data storage solution will be 100% secure. As a result, although we take steps to protect your information, we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our Service Providers' systems.
15.1 We collect data on the initiation, conclusion, processing and unwinding of a contract for sale. This data will be collected, stored and processed by us.
15.2 Your visits to our web pages will be logged. The data we collect essentially comprises the IP address currently used by your PC, date and time, type of browser, and operating system of your PC as well as the web sites you have visited. In general, allocation of this data to a person is neither possible nor intended.
15.3 Handling and Forwarding of Data
15.4 Consent and Rescission
15.4 Storage Period
15.7 Your Rights, Information