Terms and Conditions
The following terms and conditions apply in relation to your purchase from the Benai Farms SP Ltd Website and instore. By browsing and (where applicable) purchasing from the Benai Farms Website and instore you agree to be bound by these Terms and Conditions, our Online Shopping Terms and Conditions, our Privacy Policy, and any additional terms and conditions presented during the purchasing process.
1. Definitions
1.1. In these Terms and Conditions, reference to “we” and “us” means Benai Farms SP Ltd (Website and instore), and “our” has a corresponding meaning.
1.2. “You” means you our customer under these Terms and Conditions and “your” has a corresponding meaning.
2. Purchasing
2.1. While Benai Farms SP Ltd has endeavored to ensure that the information provided on our Website is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we shall not be responsible or liable for any error in, or omission from, the information provided on our Website. We reserve the right to make changes to the information provided on our Website at any time and without notice.
2.2. Your placement of an order via the Website or instore is an offer to purchase our Products in accordance with these Terms and Conditions. We may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until confirmation has been provided through email. If any credit transaction is discovered to be fraudulent, Benai Farms SP Ltd will proceed with investigations to analyze the occurrence and facilitates to debit your account. This process will depend on the nature of the transaction.
2.3. To make a purchase from the Website:
2.3.1. You must be 18 years of age or over, or if you are under 18 years of age, you must have your parent or guardian’s consent to make the purchase and enter into the Terms and Conditions applying to the purchase;
2.3.2. You must be either purchasing on your own behalf or authorized to purchase on behalf of another person.
2.4. If you are purchasing on behalf of a company, association, partnership or other such entity (“Entity”):
2.4.1 You must be authorized to agree to these Terms and Conditions on behalf of the Entity;
2.4.2 You must be authorized by the Entity to make the purchase;
2.4.3 You must be authorized to use the Entity’s credit card used to make the purchase; and
2.4.4 References in these Terms and Conditions to “you” include the Entity (as defined above).
2.5. By purchasing from the Website, you warrant that you meet the relevant conditions set out in clauses 2.3 and 2.4 above.
2.6. When making a purchase from the Website or instore, you must provide all required information or we might not be able to process your order.
2.7. At our discretion, you may not be able to proceed with any purchase on the Website, which exceeds our current limits on volume or total value.
2.8. All orders are subject to the availability of Products. If for any reason a Product is not available, we will endeavor to notify the non-availability on the Website.
2.9. Where Products are listed on the Website with an incorrect price or with incorrect information, or if Product is not available we reserve the right to cancel your order for those Products (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.
2.10. Although we endeavor to accurately display and describe the colours of the Products, we do not guarantee the colour of any Product delivered to you will exactly match the colour of any image of that Product on the Website (as the colours displayed on your computer system or in printed form will vary).
3. Price of Products and Payment
3.1. The price payable for Products ordered by you shall be the price displayed on the Website at the time your order is submitted (subject to clause 2.9 above), together with the applicable delivery charges. Unless expressly stated otherwise, all prices displayed on the Website are stated and payable in New Zealand dollars and include GST (Goods Service Tax – 15%). All international purchases will be charged to your credit card at the exchange rate applicable at the time of purchase.
3.2. Products displayed on the Website, and their prices, are subject to change without notice.
3.3. The Total Payment to be made for the purchased Product will include the following charges: Freight, Customs, Duty, Fumigation, Insurance components in New Zealand. Some may be applicable; some may not be based on Country and Product.
3.4. If customs at the destination Country decides to have a random quarantine check and fumigation, the cost will be charged to the customer as it is not a foreseen charge.
4. Delivery & Title
4.1. We will endeavour to dispatch your order within 20 business days once we have confirmed that we have accepted your order and received all amounts payable for your order. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date. We will endeavour to provide you with email confirmation of dispatch within 7 working days of dispatch.
4.2. The delivery cost is based on courier cost and will be measured on weight or volume.
4.3. Although we will endeavour to meet delivery time frames where possible, all delivery time frames are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
4.4. If you would like to check the status of your delivery, the following tracking tools are available for you:
4.4.1. Track shipment online with given tracking number.
4.5. For delivery, service provider’s delivery terms and conditions apply.
4.6. Re-delivery conditions:
4.6.1. After the first unsuccessful attempt to deliver your order, you will be charged any additional costs of re-delivery.
4.6.2. If incorrect delivery address is provided you must pay any additional charges to have your order delivered to the correct destination.
4.7. Title to, and responsibility for, each Product you order from the Website or instore passes to you when the Product is delivered to you.
4.8. Where you believe that incorrect Products have been delivered, you must contact us with any such claim within 14 days of delivery and you must provide us with a reasonable opportunity to investigate that claim and all documents related the same.
5. Returns
5.1. If you discover any defect in the Product, which we sent you may return the item in the same condition within 14 days of delivery for a replacement. If a replacement is not available we may at our discretion provide a refund. You will be notified by email of the status of the replacement.
5.2. Replacements or refunds do not cover faults arising from:
5.2.1. Normal wear and tear
5.2.2. Changes to the original item
5.2.3. Damage caused by perfume, hairspray, chlorine, water or other agents.
5.3. For any claim to be made, the item must be sent to: Benai Farms SP Ltd, 2/16 Pukeiti Road Otahuhu, Auckland New Zealand, 1062.
6. Change or Cancel an Order
6.1. If you wish to change or cancel an order, contact our Customer Service Officer by email at [email protected] any time between 8am and 5pm (NZT)(GMT+12), from Monday to Friday, 5 days a week. Orders cannot be changed or cancelled beyond 24 hours of confirmation.
7. User Conduct
7.1. You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.
8. Privacy
8.1. See the Benai Farms SP Ltd Privacy Policy at: Privacy Policy
9. General
9.1. We reserve the right to change these Terms and Conditions at any time. By continuing to use the Website you consent to any changes. It is your responsibility to regularly check these Terms and Conditions for any variations.
9.2. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
9.3. We shall not be liable to you for any delay or non-performance of our contractual obligations to the extent that such delay or non-performance is caused by an event or circumstance, which is outside our reasonable control.
9.4. You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any Products you purchase from us.
9.5. We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time.
9.6. These Terms and Conditions (and any orders to/from the Website) shall be governed by the laws of New Zealand and the courts of New Zealand shall have exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms and Conditions (and any orders from the Website).
