farm products in new zealand | Bits4Farms

Terms and conditions

• Section 1: General
  Whenever we say "we", or "us", we mean Bits for Farms Limited (B4FL). When we say “our” or “website” or “B4F” we mean the website www.bits4farms.co.nz (B4F). When we say "you" we are talking about you, the individual or business that either sells or buys using the capability of our website. This agreement is binding to all users and user accounts on B4F whether they are supplier or buyer accounts. These Terms of Use (Terms) and conditions show everyone who uses B4FL what to expect and what’s expected of them. These B4FL terms are the rules for using B4F. They tell you what you can and can’t do on B4F, what you can expect from suppliers and what you can expect from us to make your B4F experience a great one. They also explain everyone’s legal responsibility to each other – buyers, suppliers and B4FL.
• Section 2: Consumer Guarantees Act and Sale of Goods Act
  When you buy items online from a New Zealand website (like B4F) you have exactly the same rights and guarantees as you would if you made the purchase anywhere else. Basically that means that anything you buy should be safe, should be of acceptable quality and should do what you’d normally expect it to do. This is all backed up by either the Sale of Goods Act or the Consumer Guarantees Act. In both sellers are bound to guarantee all goods that you buy, and while some companies offer further guarantees, here's an outline of your basic rights under New Zealand legislation. Even though you buy online using B4F, this does not make B4F the seller. The seller is the entity that sells you the goods. If you forget where you bought the goods using B4F, you can always check your invoice, your confirmation email or if you are a registered member of B4F, you can check My Orders in your B4F Account.
• Section 3: Your rights under legislation
  Suppliers must guarantee that their goods:
  • are of acceptable quality (be fit for the purpose usually supplied, acceptable in appearance and finish, free from minor defects, safe and durable);
  • are reasonably fit for any particular purpose that is made known by you;
  • correspond with any description, sample or demonstration model; and
  • will be owned by you once you purchase the goods.
  In addition Manufacturers (which include importers / distributors into New Zealand) must further guarantee:
  • spare parts and repair facilities for the goods are available in New Zealand (for a reasonable period of time);
  • that they will honour any written warranty that comes with the goods (e.g. some manufacturers may promise free repairs on goods for a set period of time);
• Section 4: What if something is wrong with the goods you buy?
  If the problem can be fixed, a supplier must fix the problem within a reasonable time frame and at no additional cost to you. If they refuse, or can't fix the problem within a reasonable time frame, you can:
  • return the goods and ask for your money back,
  • ask for replacement goods (if the supplier can easily replace them); or
  • get someone else to fix the goods and claim those costs back from the supplier.
  If the problem cannot be fixed or is “substantial” or serious (e.g. the goods purchased are unsafe), you can:
  • return the goods and get your money back (not a credit note);
  • ask for replacement goods (if the supplier can easily replace them); or
  • keep the goods and ask to be compensated for the reduction in value.
  You can also claim for what is called “consequential loss”. This is any reasonably foreseeable extra loss or cost to you that results from the problem (e.g. if your newly purchased electric fence energiser faults and you have to use an alternative while it is being fixed, you can claim for those costs. The supplier is allowed to minimise their risk of paying consequential losses by, for example, supplying you with a loan energiser instead).
• Section 5: Any exceptions?
  Generally if you buy goods and services as a consumer the Consumer Guarantees Act applies. If you purchase goods and services for use in a business the Sales of Goods Act applies, for more details see the legislation that applies in your case.
• Section 6: What does this mean legally?
  These Terms are a legal agreement between you and us that covers everything you do on B4F and everything we make available to you on B4F. But, these Terms are not the only terms, law or agreement that may apply to you when you use B4F. Whenever you browse or shop on B4F you are protected by the laws of New Zealand. These include the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Sale of Goods Act 1994 and the Commerce Act 1986. Even though suppliers use B4F to sell you their products the suppliers operate independently of B4FL. This means that each supplier, and not us, is legally responsible to you in all respects when it comes to their products and any purchasing transaction you might conduct with the help of B4F. You can find the supplier's terms on the supplier's profile page on B4F.
• Section 7: Accepting the Terms
  Whenever you use B4F the B4FL Terms apply to you. By using B4F you are confirming that you accept these Terms. If you don’t agree to these Terms do NOT use B4F in any way. To confirm this we ask you to tick a box to say that you have read and agree to the B4FL Terms of use for B4F. We do this to remind you of your agreement to the B4FL Terms before you use B4F in any way.
• Section 8: Changing these Terms
  We may update or revise this policy periodically. If we do we will post those changes here, and they'll take effect as soon as they're posted. In the majority of cases changes will only be minor and relate to improvements in the website (for example adding another purchase option for buyers). If the changes will make a material change to your day to day relationship with B4F you will be informed of these changes directly. These changes will always be made in a good faith manner to improve your return on investment from B4F.
• Section 9: About New Zealand Law
  These terms are governed by and are to be interpreted in accordance with New Zealand law. In the event of any dispute arising in relation of these Terms or their subject matter, the New Zealand courts will have exclusive jurisdiction over such dispute.
• Section 10: Using B4F
  B4F is a New Zealand web site for New Zealand buyers. To buy on B4F you must be the authorised holder of a Visa or Mastercard credit card that has been issued by a New Zealand credit card issuer. Some B4F services are available only to registered B4F members. If you want to become a registered member, simply apply to register with B4F. If we accept your application (at our absolute discretion), you will become a registered member of B4F. Your membership is not transferable to anyone else, and you are only allowed one active membership at any time.
• Section 11: Products and Services on B4F.
  B4F facilitates the purchase of both goods and services. Here we describe how you can use B4F, what your responsibilities to B4FL are, and any specific disclaimers to let you know what B4FL will not be responsible for.
  • Section 11a: Products
    Suppliers list products and allow buyers to buy those products on B4F.
  • Section 11b: Services
    Suppliers list their services on B4F and buyers can link to supplier websites to complete the service purchase in the manner provided by the service supplier.
  • On B4F you can browse, search or compare products by supplier or by product category. Your agreement to buy products is only with the supplier and not with B4FL. So you must deal with suppliers directly to resolve problems relating to their products. Please use caution, common sense and practice safe trading when making purchases.
  • Section 11c: Price and Product Descriptions
    B4FL does not author product descriptions, titles, prices or any other listed product details that appear on B4F. The responsibility for accurate product descriptions, titles, prices and other listed product details lies solely with the supplier listing product. The supplier will be held entirely responsible for any damages resultant from inaccurate or misleading price and product descriptions.
  • Section 11d: Restricted Products
    B4FL does not allow the sale of any products restricted to purchasers 18 years and over via B4F. Products listed in these restricted categories cannot be added to the B4F shopping cart. You are welcome to contact the supplier directly to arrange for purchase. Where you purchase restricted products from a B4FL supplier, you warrant that you are legally entitled to purchase that restricted product and that you can produce sufficient evidence (e.g. New Zealand Driver's License or Passport) of that entitlement. It's important that you know that restricted products are offered for sale by the suppliers and not by B4FL. Unless otherwise stated, B4FL does not own, store or sell restricted products and any questions or queries concerning these restricted products should be directed to the supplier. If a supplier has accidentally listed a product restricted to purchase for people aged 18 years and over, the supplier will be under no obligation to complete the transaction with buyer and full buyer refund will be issued. B4FL takes no responsibility for age restricted products being listed under incorrect categories.
  • Section 11e: Product Descriptions
    Suppliers agree to do their best to make sure the information they provide to us is accurate, reliable, adequate, complete and current. However, we are not responsible in any way for content supplied by third parties. Although we do our best to ensure the content is accurate, reliable, adequate, complete and current. With content we cannot and do not represent or warrant this will always be the case. For example, due to technical or human error, information may be recorded incorrectly or omitted on B4F. If you buy a product on B4F and it doesn’t meet the product description, at law, you are able to return it to the supplier in an unused condition. In this situation, the supplier will be responsible to you directly. Individual suppliers may have additional options available. Please check the suppliers profile page on B4F.
  • Section 11f: Product Guarantees
    As suppliers offer the products and services for sale via B4F, B4FL cannot and do not provide any representation, guarantee or warranty of any kind in relation to those products and services. Any product guarantee or warranty that may be applicable will be provided to you only by the suppliers who are offering the particular product or service for sale. You can find information about guarantees or warranties on each individual product page.
  • Section 11g: Price
    All prices are stated in New Zealand dollars and include GST unless specifically stated otherwise. The product prices listed on B4F are provided by our suppliers. While we ask that all our suppliers do their best to make sure the prices they provide to us are accurate, reliable, complete and current, we cannot and do not represent or warrant that the price is correct. Prices are confirmed at the time you confirm your order for payment at the end of the shopping cart process.
• Section 12: Orders using the B4FL shopping cart
  You can order and buy products via B4F from our registered suppliers. You do not have to be a registered B4Fmember to buy products using B4F. But if you are registered, you will have access to additional features that are not available to non-members. Once an order has been placed and your payment has been processed, it can’t be changed or cancelled by you without the supplier’s express consent. However, you may have a general right by law to cancel your order. Other parts of this agreement may provide you with some assistance in this regard. In some cases B4FL may step in and cancel an order even if it has been paid for by you. This is likely to occur if we believe it is necessary to protect suppliers or buyers for any reason. If we cancel an order we will repay any amounts paid on that cancelled order.
• Section 13: Payment
  The B4F shopping cart accepts Visa, MasterCard and American Express credit cards only that have been issued by a New Zealand trading bank. All credit card transactions are charged in New Zealand dollars.
  • Section 13a: How it works
    The B4F shopping cart is the only accepted payment method available on B4F. B4FL does not handle the payment transactions made with the B4F shopping cart. We use Direct Payment Solutions Limited; a secure payment service provider whose online payment solution is both Visa AIS (Account Information Standard) and MasterCard SDP (Site Data Protection) (encompassed as PCI DSS – Payment Card Industry Data Security Standard) certified. Your credit card is charged at the time you place your order (specifically when you confirm your order and authorise Direct Payment Solutions to debit your credit card). When we receive notification from the supplier that your order has been dispatched we transfer your payment to the supplier’s bank account. When you purchase products from different suppliers in a single order transaction, the individual payment amounts are processed in the same order as they are listed on your B4F order confirmation.
  • Section 13b: Delivery
    B4F suppliers will only deliver within mainland New Zealand. You cannot specify a delivery address outside of New Zealand. If you specify a delivery address outside of mainland New Zealand your credit card will be refunded less a $20 + GST administration charge. B4F suppliers agree do their best to dispatch your order to their delivery company in less than seven working days. This is the timeframe for the supplier to process your order and hand it over to the delivery agent for delivery to you (not the time it takes to deliver the products to your delivery address). If a supplier does not dispatch your order within the timeframe stated, you have the right to contact the supplier and cancel your order. If this happens you will be entitled to a refund in full from the supplier of the purchase price, including any delivery fees paid by you for the cancelled order. Most orders placed through B4F will arrive within 14 working days of the order being placed.
  • Section 13c: Returns and Cancellations
    You will need to contact the supplier directly to return a product, or to see if you can cancel an order before it is delivered. In all cases the supplier and not B4FL is responsible for providing you with any applicable refund, where a supplier notifies B4FL that an order cannot be fulfilled, B4FL will deal with the supplier directly to ensure the purchaser is refunded as soon as practically possible.
• Section 14: Your responsibilities
  You agree to comply with all laws and regulations applicable to your access and use of B4F. This means you agree to:
  • follow our instructions when using B4F;
  • not act in a way or use or attempt to damage, interfere with or introduce anything (including, without limitation, any virus, robot, spider, scraper or other automated means to access this website or feature on it for any purpose) that in any way compromises B4F or any network or system underlying or connected to B4F;
  • not use our website (or copy, scrape, systematically or automatically extract or otherwise use any information or other material from the website) for any commercial purpose other than to conduct a commercial transaction where this is offered to you as part of our services;
  • comply with any additional legal requirements in respect of restricted items;
  • ensure that everyone you are responsible for also meets these commitments and your other obligations under these Terms.
• Section 15: Consequences of your actions
  Without limiting our other rights and remedies, we may, at our discretion:
  • monitor your use B4F and restrict access to any content that we consider to be inappropriate or in breach of any law, third party right or these terms but we are not obliged to or responsible for doing so;
  • contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including, but not limited to, the uploading or e-mailing of any material in breach of these terms or any applicable laws);
  • provide copies of any relevant material to the law enforcement authorities and also give them access to any personal data that is held by us and relate to the material supplied; and
  • refuse to provide any further services to anyone who breaches these Terms.
• Section 16: Security
  Security is important. You are responsible for any activity which occurs on or through your membership account (whether or not it's actually authorised). You agree:
  • not to permit any other person to use your password or account;
  • keep secure and confidential any password or access code (such as a PIN)
  • not to disclose to any other person your password or any other information that may allow them to gain access to your account; and
  • change your password immediately if you believe that your account may have been used without your authorisation.
• Section 17: User license
  If you post any material on B4F, you agree that we may reproduce, publish, modify and distribute that material and incorporate it in other works in any form but only for purposes reasonably associated with the posting and the operation of our business. If you do not own the material, you must get the owner’s consent before you post or upload it.
• Section 18: Our rights and responsibilities
  
  • Section 18a: Intellectual Property
    We spend a lot of time and effort making B4F look good and work well. So we're committed to looking after it, and except for content suppliers load on B4F and license to us we (and our licensors, suppliers, buyers and/or advertisers listing on B4F, as the case may be) own all proprietary and intellectual property rights in and to our website and material displayed here including, without limitation, text, images, graphics, layout, look-and-feel, the software, trademarks, trade names and other material underlying and forming part of B4F and/or B4FL. You may not copy, distribute, alter or tamper with in any way or otherwise use any material contained in our website except as set out in these terms. You are also not allowed to remove any copyright, trade mark or any other intellectual property notices from any material copied or printed from this website. All rights not expressly granted to you in these terms are reserved.
  • Section 18b: Ending or suspending any Services
    We may at any time and without notice:
    • change the format and content of our website and/or any products or services offered here;
    • end (stop providing), suspend or restrict your access to any service we provide if you do not meet any responsibility you have to B4FL; or
    • terminate or suspend the operation of our website and/or the services (in whole or in part) temporarily, if we think it reasonable or necessary (e.g. for support or maintenance work, to update content or to protect our website or users of our website from suspected fraudulent or unauthorised activity), or permanently if we decide to stop providing some or all of our services.
    This will not affect any rights and responsibilities which are intended to continue, or come into force after that date or event.
  • Section 18c: Electronic Communications
    Whenever you visit B4F or send emails to us, you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
  • Section 18d: Disclaimers
    We are not an agent of any supplier or third party. We are not responsible for any transactions you may enter into through: your use of B4F; your participation in any promotions; or as a result of any dealings between you and anyone else using B4F. To the fullest extent permitted by law, we disclaim any responsibility for, or liability related to, the products available on B4F. Any questions, complaints or claims should be directed to the appropriate supplier. We are not responsible for ensuring that the information that you access or make available through using B4F will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to our website or services. This is because the availability or quality of B4F may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions. We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of B4F.
  • Section 18e: Compensation B4F is provided on an "as is" and "as available" basis. We will only be liable to you if we have failed to comply with our obligations under these Terms. If that's the case, in spite of our best efforts, our sole liability to you and anyone else who uses the services we provide to you (together) will be to pay you up to a maximum combined amount equal to $100.
  • Section 18f: Liability
    To the extent permitted by law, we exclude all warranties not expressly stated in these Terms. We exclude all other liability we or any of our suppliers, licensors, related companies, agents, officers, and employees may have to you to the maximum extent permitted by law. This exclusion applies to whatever you are claiming for (whether for direct, indirect or consequential losses, loss of profits, loss of business, loss of data or otherwise) and in whatever way any liability might arise if it were not for this clause (including in contract, tort, equity or under statute).
  • Section 18g: Indemnity
    Except where we have expressly accepted responsibility under these Terms, you will keep us protected against any legal action taken against us and pay us any costs, losses or expenses we incur in connection with your use of B4F or any failure to comply with these Terms.
  • Section 18h: Information about you
    Personal information provided to us by you through your use of B4F is subject to our Privacy Policy, which forms part of these Terms. You need to make sure that all information you give us is accurate, reliable, complete and current. Each time you provide information to us, you will be taken as confirming that you are authorised and capable of doing so. Without limiting our Privacy Policy, you agree that we may at any time disclose your personal information including, without limitation, your name and contact details to the relevant authorities, parties and/or applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these Terms. These Terms (including our Policies incorporated by reference) constitute the entire agreement, and supersede any other agreements or understandings (oral or written) between you and us with respect to the subject matter. Any company or agent appointed by us may perform any of our obligations under these Terms and them, and our suppliers, and licensors, and each of their respective officers, employees, contractors and agents will have the benefit of any term that is of benefit to us. We may transfer this agreement or any benefit or obligation of it to any person including, but not limited to, our related companies (as defined under the Companies Act 1993) without notice to you. If we do transfer our obligations to another person (in which context we will be the transferor and the person we transfer the obligations to will be the transferee), the transferor will not be liable for, and you agree to discharge the transferor from liability for, any act or omission of the transferee arising in relation to these terms after that date. You may not transfer any benefit or obligation to any other person without our written consent. Each part of these Terms is separately binding. If for any reason any part cannot be relied on, all other parts remain binding. You acknowledge that you are not relying on any statement or representation in any form made by us or on our behalf in relation to the suitability of B4F or your experience with or any outcomes you may achieve through using B4F or the products and services available on B4F. You agree not to commence any proceeding directly or indirectly arising from any statement or representation not expressly recorded in these terms. If we do not exercise or enforce any right available to us under these terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.
  • Section 18i: How do we collect information?
    When you choose to enter information while on B4F we receive and hold that information. This includes forms you complete, emails you send or any other contact you make with us. For example: your membership profile, your cart, your feedback and any other communication with B4F. There is one important exception - we don’t receive or hold your credit card details. B4F uses Payment Express, the best practice online payment system operated by DPS (Direct Payment Solutions Limited). This is a PCI DSS certified agency, which receive and process your credit card payments in our shopping cart. DPS hosts and manages the payment page, which is secured by its own SSL certificate. Your credit card details are stored by DPS and only transmitted to the appropriate credit card agency for processing. B4F automatically generates certain types of information when you use B4F. We receive and hold that information. To do this we mostly use “Cookies” as they help us to keep track of where you go and what you like about B4F. Cookies are little bits of information that websites send to your browser. Your computer can then store that on the system you use to access B4F. You can disable cookies via your browser preferences (you'll need to do this yourself as we're not responsible for your browser). Importantly, if you disable cookies you won't be able to log-in to B4F and get the most out of the membership ease of use available when you log in. You don't have to tell us anything. B4F works best when we know a bit about you. Non members do not have access to all features on our website, we will always indicate when this is the case. You can opt out of receiving B4F communications at any time by clicking on the link in your profile at any time or using the "unsubscribe" option. We'll then remove you from the distribution list as quickly as we can.
  • Section 18j: Why are we collecting your information?
    To make it easy for buyers to find what they like, and help suppliers find interested buyers. In order to do this, and make B4F the best it can be, we may use your personal information for different purposes. As an example this may include:
    • Processing your membership application.
    • Processing your order and making sure you get the goods.
    • Finding out who visits B4F to check if our advertising is working.
    • Making sure we can offer you more of the products and services that you will like.
    • Finding out what products, suppliers and gifts are most popular.
    • Keeping everyone up to date, that means sending emails and other messages.
    • Enforcing our legal rights.
• Section 19: Rights of access
  Under the Privacy Act 1993, you have the right to ask to see the information we hold about you. And if you notice that any of your details are incorrect just ask us to correct those for you.
• Section 20: Severability
  In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
• Section 21: Debt Collection / Overdue Accounts
  All costs of collection, including debt collectors fee, solicitors costs, charges and expenses on a solicitor and own client basis, will be added to overdue accounts.