General
Your (“You”) access to, and use of, this website (“site”) is subject to the following terms and conditions (“terms”). References in the terms to “us”, “we” or “our” are references to Exotic Tropics nursery’s (“ExoticTropics”), its related companies, and directors, officers, employees or agents of Exotic Tropics nursery’s. By using the site, the customer (“you” and all other people using your login) acknowledge that you have read, understood and accepted these terms, and agree to be bound by them. Exotic Tropics reserves the right to make changes to these terms at any time and without notice. Please check these terms periodically for changes. Your continued use of the site after the terms have been changed indicates your acceptance of those changes.
Price
Prices for the products listed on this site are in New Zealand dollars and include GST. All prices are correct when published. You shell pay for the products ordered at the price displayed on the website at that time when the order is submitted. No adjustment of the price will be made during this ordering process or when the order is submitted.
We reserve the right to adjust prices outside the above conditions at any time.
Payment
We currently accept PalPay Credit Card Payment. We do not accept any other method of payment. If PalPay is unable to successfully process your credit card payment your order will not be processed and will be cancelled without notice.
Credit Card Security
Credit Card security as handled by PalPay Inc. We do not store any credit card information whatsoever. PayPal is an international payment gateway, bank grade security, and compliant in most countries worldwide.
Privacy Policy
We will not use any information that you provide to us for any other purpose or supply it to any third party except where authorised by you or as required by law.
We will keep a record of all transactions. All your details will be kept confidential.
We may send you electronic messages necessary to complete, confirm or which directly relate to any transaction you enter into with us in relation to the products on the website.
With your prior consent, we may send you marketing messages relating to our products and other information of related interest. If requested by you we will immediately stop sending you such messages.
Delivery
Delivery is made by courier to any New Zealand address. Due to the delicate nature of our products we are unable to deliver to a Post Office Box. We do not accept orders from outside New Zealand and if received they will be revoked.
Our order delivery target is less than 4 working days form us receiving an order, however this timeframe is an approximate only.
Risk and Title
Risk and Title pass to the customer on delivery to the delivery address.
Please note that a signature is required for all deliveries. The goods become the recipient’s property and responsibility once they have been signed for at the time of delivery. If your delivery has not been received, please contact us within seven working days on orders@exotictropics.co.nz. We will use the delivery information to make a claim against our courier company and offer you the choice of a replacement or a full refund, once we have received confirmation from our courier company that delivery was not successful.
ExoticTropics shall be entitled to assume that any person accepting delivery at the delivery address is authorised to do so on behalf of the customer.
Returns
If you have received a product that is faulty, or any incorrect product, we will exchange or refund this at the purchase price.
If a product has been damaged during delivery please immediately contact us at orders@exotictropics.co.nz and ensure that you keep the packaging and email a photo of the damaged item including photos of the packaging. We will organise the return of the product for inspection and make contact with the courier company.
Once an order has been delivered to you, you have five working days to return the product as listed above.
Cancelling an Order
You may cancel your order prior to it being dispatched by email to orders@exotictropics.co.nz. We will refund you the purchase price.
We reserve this right to cancel any order, part order at anytime without any liability to you for such and cancelation if the products ordered are unavailable or such an order is in breach of these terms.
Warranties
We endeavour to keep the information on this site accurate and up to date; however, ExoticTropics makes no warranty as to the accuracy, reliability, suitability or currency of information. All information and material on this site is provided “as is” and is subject to change at any time. We disclaim all representations and warranties, express or implied, including (without limitation) representations and warranties as to the accuracy, completeness or fitness for any particular purpose, to the fullest extent permitted by law. If you are using this site for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply.
Where products supplied are defective in terms of any condition, warranty, guarantee or otherwise do not conform to the order, ExoticTropics will at its discretion replace any faulty products. Any claim made by the customer must be within five working days of delivery of the Goods.
Liability
ExoticTropics (and any other party involved in creating, producing or delivering this site) will not be liable for any damages, losses (including, without limitation loss of profits, business or data), costs or expenses of any kind, whether direct or indirect, arising or resulting from, or in connection with, your access to, or use of, or inability to access or use, this site or any other website which is linked or framed to this site, or any errors or omissions in the content thereof, to the fullest extent permitted by law, whether brought in tort, contract, equity or otherwise.
Content
While we make every effort to supply accurate information on this site, errors and omissions may occur. We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site. You are responsible for the actions you take in reliance on the content on, or accessed, through this site.
You are responsible for the actions you take in reliance on the content on, or accessed, through this site.
Indemnity
You agree to indemnify and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits, business or data) and expenses of any kind, whether direct or indirect, arising or resulting from, or in connection with, your access to, or use of, or inability to access or use this site or any other website which is linked or framed to this site or breach of your obligations or any warranty under these terms, whether brought in tort, contract, equity or otherwise.
Intellectual Property
ExoticTropics owns all copyright and other intellectual property in this site. Everything on this site, unless otherwise stated, is copyright.
You may not copy, reproduce, post, download, publish, broadcast, adapt, transmit, alter or create a derivative from any content on this website, without express written authorization from ExoticTropics.
Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any verification or endorsement by ExoticTropics. We do not monitor the content of any other website and are not liable or responsible in relation to any content on them. This includes any website other than https://www.ExoticTropics.co.nz and https://www.ExoticTropics.nz or any other site owned and controlled by us.
Links to this website
The customer agrees that it will not create a hyperlink to https://www.ExoticTropics.co.nz or https://www.ExoticTropics.nz without express written authorization from ExoticTropics. If a customer does create a hyperlink to this site that customer is responsible for all losses any member of the ExoticTropics may suffer as a result of that link, whether direct or indirect. Linking to ExoticTropics is at the Customer’s own risk.
Disclaimer
This site provides general information about ExoticTropics and the products and services we offer. ExoticTropics reserves the right to change, delete or move any of the material on the site at any time without notice.
Force Majeure
ExoticTropics will not be responsible for any delay or failure to comply with our obligations under these terms if the delay or failure arises from any cause which was beyond our reasonable control.
Governing Law
This website and its terms and conditions are governed by, and are to be interpreted in accordance with, the laws of New Zealand.