Terms & Conditions

Thank you for visiting our website www.edible.co.nz (Site). This Site is owned and operated by Tharfield Nursery Limited.

The following Terms and Conditions (together with any linked/referred to documents and policies) apply any time the customer (“you”, “your”) visits www.edible.co.nz (“we”, “us”, "our"), purchases any of our products or signs up to any of our promotions, newsletters, or Rewards programmes (together, the “Online Services”).  

While we endeavour to ensure information is accurate, errors and omissions may occur. Accordingly, we do not accept any liability 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 or accessed through the Online Services.  

We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended. We therefore recommend that each time you access the Site you read these Terms and Conditions and policies.

 Material that you see on the Online Services may be protected by copyright, trademark, patent, or other protections, even if it is not stated to be.  If you would like to get in contact with us, please email us at info@edible.co.nz

How do I agree to your Terms and Conditions?  

These Terms and Conditions govern your use of our Site so please read them carefully before ordering any products from our Site. You should understand that by ordering any of our products or engaging in our Online Services that you are deemed to have read and agreed to these Terms and Conditions and any policies stated on this Site. 

What can I use the Online Services for?

 Our Online Services allow you to find information about incredible edibles®, our products and services, promotions, competitions. We are not responsible for any results arising from the use our Online Services for any other purposes.

 Access

 You understand that we may at any time in our sole discretion and without prior notice to you, prohibit or restrict your access to our Online Services or your account.

 We will use reasonable endeavours to keep the Online Services free from viruses and from unauthorised access.  However, we do not guarantee that our Online Services will always operate uninterrupted or error-free or that any files available for downloading by you will be error-free or free from viruses, faults, or defects.

 Intellectual Property

 Our Online Services contain intellectual property and other proprietary information. We either own or are authorised to use the intellectual property in everything that you hear, read, download, or access on or via our Online Services (including messages, files, data, software, images, photographs, and other material). These works are protected by copyright and other intellectual property laws and all such rights are reserved. You are not permitted to do anything which infringes these intellectual property rights (such as copying, modifying, reproducing or reposting content, our logo, our Site (or any part of it)) nor permit any other person to do so without our prior written consent.

 User comments, feedback and other submissions  

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other material, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your comments, on the Site and in any advertising or social media outlets which we may create or contribute to.  

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, abusive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not be unlawful, offensive, abusive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, nor contain any computer virus or other malware that could in any way affect the operation of our Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.  

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 What about links to other sites?

 Our Site may contain links to other websites (linked websites). Those linked websites are provided for convenience only and may not remain current or be maintained.

 The linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary.

We have not reviewed all the sites that may be linked to our Online Services.  We are not responsible for the content or accuracy of any off-site page or other sites linked to our Online Services. The inclusion of a linked website on our Site does not mean we endorse it, and you use the link at your own risk.

 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the linked websites and your use of them or any products or services available on or through the linked websites.

 Things you must not do  

You must not disrupt or interfere with our Online Services, servers, or other software, hardware or equipment connected to or our Online Services. You must not break any relevant law which applies to the use of our Online Services. If you do any of these things or otherwise use our Online Services inappropriately or maliciously, you will indemnify us for any loss we suffer in connection with your actions.

 Information on our Online Services  

We will endeavour to keep information on our Online Services as accurate and up to date as possible. However, our Online Services may have some material which is not accurate or up to date in all respects, or errors or omissions may occur. For this reason, we do not warrant the accuracy or completeness of the information and, to the extent we are able to by law, we do not accept any liability for any errors on our Online Services.

 We may update information on our Online Services at any time and without notice. Products and promotions advertised on our Online Services are subject to availability and while stocks last.

 We disclaim (to the maximum extent permitted in law) all liability for any damage or loss resulting from your use of, or reliance on, our Online Services or the information provided via our Online Services.

 Collection of Personal Information and your Privacy  

We may need to obtain personal information from you in the course of providing Online Services to you. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained.  

Our Privacy Policy, sets out how we can collect, hold and use your personal information. This Privacy Policy forms part of these Terms and Conditions.

 How might these Terms and Conditions be changed?  

We can change these Terms and Conditions at any time, without notice to you, by updating them on our Site. The revised terms will take effect when they are posted, and your continued use of our Online Services means you agree to our revised Terms.

 Governing law and disputes

 Our Online Services are governed by New Zealand law.  If we have any issues which need to be resolved by a court, you agree to the exclusive jurisdiction of New Zealand courts.

 Force Majeure Events  

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).

 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

•  strikes, lock-outs or other industrial action;

• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

• impossibility of the use of public or private telecommunications networks;

• epidemic, pandemic or other health emergency (whether declared or not); and

• the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.

 Disclaimer and Limitation of Liability

 The following paragraphs exclude or limit our liability from your use of our Site.

 While we have taken all reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our Site, that information is provided in good faith and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.

 On occasions, due to powers beyond our control, the products you receive may vary from those displayed on our site.

 To the extent permitted by law, we do not represent or warrant that our Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system from use of our Site.

 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.

 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

 The collection, use and disclosure of your personal information is also subject to our Privacy Policy.

 To the extent permitted by law, we (Tharfield Nursery, and our directors, employees, agents, subsidiaries and affiliates) do not accept responsibility for any actions, claims, losses, damages, liabilities and expenses, including legal fees, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site, any linked website, any of our products and services, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.

 To the extent permitted by law, our total aggregate liability in connection with these Terms and Conditions is limited, at our option, in the case of the supply of products - replacement or resupply of the products and in any event, will not exceed the fees paid by you to us under the relevant order.

 To the extent permitted by law, under no circumstances will we (Tharfield Nursery and our directors, employees, agents, subsidiaries and affiliates) be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions.

 Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

 To the extent permitted by law, by using our Site you indemnify and hold harmless Tharfield Nursery, our directors, employees, agents, subsidiaries and affiliates from any actions, claims, losses, damages, liabilities and expenses, including legal fees, arising out of your use of our Site or your violation of these Terms and Conditions.

 Transfer of Rights and Obligations

 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.

 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.

 General

 These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.

 Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.

 Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.

 Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.

 If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining Terms and Conditions will be unaffected.

 These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand.

 If you have any questions or comments about these Terms and Conditions, you can contact us at info@edible.co.nz