Terms & Conditions - General

Website Use Agreement

1. Terms & Conditions - General

   1. Nichol’s is proud to be a locally owned and operated business. We’ve been in this game for over 150 years and you can trust us to do the right thing! But in the interest of crossing T’s and dotting I’s, here’s the official terms and conditions when it comes to shopping online with us.
   2. You can access these terms at any time from the bottom of any page of the site. 
   3. Please read these terms carefully before you start using the website. By using the website, you agree to be bound to these terms. 
   4. Additional terms may apply to specific goods or services (together "products") or online tools provided through the website. If the website links to any additional terms as well as these terms for a particular product or tool, you must read these terms and the additional terms together. If there is any inconsistency between these terms and the product or tool-specific terms, the product or tool-specific terms will prevail.



2. DEFINITIONS

   1. “Delivery Terms” means the terms provided under Delivery Terms available through our website
   2. “Goods” means all Goods provided by us to you through our online ordering system.
   3. “Privacy Policy” means the terms provided in the Privacy Policy available through our website
   4. "Terms" includes these terms and conditions and any changes to them.
   5. “Website” includes but is not limited to the Nichol's Group website, www.nicholsgroup.co.nz, and ecommerce platforms, and other domains owned by Nichol's Group directing to this website including social media and other shopping and participation in promotions run by Nichol’s. We may change these terms and conditions at any time by posting changes online.
   6. "You" means the person accessing or using the website and "“your" has a corresponding meaning.
   7. "We" and "Nichol's" means Nichols Group, its related companies, successors and assignees. "Our" and "us" have a corresponding meaning.



3. ACCEPTANCE OF TERMS

   1. By accessing this site, you acknowledge that you have read and agree to the terms described below. If you do not agree to the terms, you should exit the site and refrain from placing any order.
   2. We reserve the right to change the terms, conditions, and notices under which the website is offered, including but not limited to the charges associated with the use of the website. Any changes will take effect from the time they are published on the website.
   3. We will occasionally provide content and information which children may find interesting and may wish to access. However, no one under the age of 13 years is allowed to provide any personal information.
   4. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on this website.
   5. We reserve the right to:
   • Make changes to our product descriptions and prices and such changes will take effect from the time they are published on this site.
   • Cancel any order by immediately notifying you by e-mail or phone, using the e-mail address or number/s provided. We will refund the monies paid using the original method received.
   • Take reasonable steps to verify that the order and credit details are bona fide.



4. DELIVERY

   1. Goods ordered through our website will be delivered in accordance with our Delivery Terms which are also accessible on the website.



5. TITLE AND RISK

   1. We shall retain title to the Goods until they have been paid in full and you have performed all your other obligations under these Terms.
   2. Risk in the Good passes to you when the Goods are shipped in accordance with our Delivery Terms.



6. PRICE

   1. All prices on this website are stated in New Zealand Dollars (NZD) and are inclusive of GST.
   2. Orders will be processed in New Zealand Dollars (NZD), we do not accept payments in other currencies.
   3. We reserve the right to change prices of goods advertised on this website, without notice.
   4. We do not guarantee the price of any item listed on this website until your order has been processed. Whilst we take steps to ensure the price and details of products listed are correct, if they are incorrect, we reserve the right to cancel the order and refund.



7. PAYMENT

   1. You must pay for the Goods upon placing your order on the website. Your order will not be placed until your payment has been processed.
   2. All payments shall be made without set-off or deduction



8. ORDERS

   1. All orders are subject to availability of stock.
   2. When you place an order, we will require the following information;
      • your name,
      • email address,
      • credit/debit card,
      • phone and address details.
   3. You will be offered to register as a member of Nichol’s Growing Rewards. Apart from the many member benefits, including receiving regular emails containing information on new product arrivals and promotions, your shopping address details will be filed saving you the effort of entering these details each time you checkout. You can remove yourself from the email list by using the link at the bottom of each email or by contacting customer services.
   4. Once your order is placed, we will provide you with confirmation that your order has been received but this is not confirmation that your offer to buy the items has been accepted. Our contract for the sale of our products will only exist once an order has been accepted, processed and dispatched to you.
   5. Should there be an issue with your order, one of our dispatch team will contact you either by phone or email.



9. GIFT VOUCHERS

   1. Nichol’s gift vouchers can be purchased instore and online. Gift vouchers can only be redeemed at any one of our three physical South Island stores (Dunedin, Invercargill or Cromwell), and most good garden centres nationwide.
   2. Gift vouchers bought online must be posted out to the recipient as the voucher is a physical item and cannot be emailed as an immediate gift.
   3. For your peace of mind, delivery of gift vouchers will incur postage of NZD $12.00 to ensure tracking and signature-on-delivery is included.
   4.  If ordered at the same item as other items, the gift voucher will be sent to your recipient in a separate parcel from the rest of your order. Both parcels will be sent to the delivery addresses you specify.
   5. Gift Vouchers are not returnable, refundable, or redeemable for cash and cannot be used towards the purchase of another gift voucher.
   6. Nichol's gift vouchers do not have an expiry date and any remaining balance may be used on subsequent purchases. Nichol's Group reserves the right, however, to deactivate any gift voucher with less than a two-dollar ($2) balance after two years of no interaction with the voucher.
   7. Nichol’s shall not be responsible for any gift voucher that may be lost, stolen or damaged.
   8. Nichol's gift vouchers are not valid for purchases in any of Nichol's cafes



10. PROMOTIONS & GROWING REWARDS PRODUCTS

    1. If a product is listed in the Sale Section, this means;
       • The value shown is the price including the sale discount
       • No holds, laybys, store transfers or rain checks. 
       • No exchanges or refunds unless goods are faulty.
    2. If a promotion is noted as “Limited Time Only” this means;
       • No holds, laybys, store transfers or rain checks. 
       • No exchanges or refunds unless goods are faulty.
       • Customers who sign up on the day will be entitled to the discount.
    3. If a product is noted as a Growing Rewards product this means;
       • Rewards products may vary from those pictured. Subject to availability. Management reserves the right to change these products at any time. Not exchangeable for cash, no change will be given. No rain checks, holds or transfers.
       • Online shoppers must have logged in as a Nichol’s Growing Rewards member to any ensure discount applies.
       • No holds, laybys, store transfers or rain checks
       • No exchanges or refunds unless goods are faulty
       • While stocks last
       • Stock can vary from store to store.
    4. The Growing Rewards $75 coupon product;
       • The $75 Growing Rewards coupon is not exchangeable for cash.
       • Must be redeemed in one transaction, no change will be given.
       • Must be used by the Growing Rewards member only, not to be gifted.
       • Cannot be used in Nichol’s garden cafes
       • Cannot be used to purchase gift vouchers
       • Valid for 12 months from date of issue.
       • Some product purchases may be exempt when redeeming the coupon.



11. PRODUCT DETAILS

    1. We make reasonable efforts to ensure that all information on this site is accurate and kept up to date. However, any description of the goods is given by way of identification only.
    2. We do not warrant that the description of goods or other content of this site is accurate, complete, reliable, current or error-free. We are not responsible for any errors or omissions or for the results arising from the use of such information.



12. PRODUCT PICTURES

    1. All colours of products are reproduced as accurately as possible, however, a slight variation may occur in colour and size specifications.
    2. Colours may appear slightly different via this website due to computer picture resolution and individual monitor settings. Plants will vary in shape and size from those pictured.



13. CHANGING AN ORDER

    1. Orders cannot be changed after they have been submitted.
    2. If you are unhappy with your purchase once you receive it, you may return it to us in accordance with clause 20 and our Delivery Terms.



14. CONFIRMATION AND TRACKING OF YOUR ORDER

    1. All orders will be delivered in accordance with these terms and our Delivery Terms.
    2. Once your order has been received and processed, we will send you an email stating that your order and payment have been accepted and dispatched.
    3. You will receive a tracking number so that you have the ability to track your order online.



15. INTELLECTUAL PROPERTY

    1. You may use this website only for your personal and non-commercial purposes. Images, text, site design, logos, graphics and any other content and software on this site, including their arrangement, selection and assembly, are the property of Nichol’s, unless specified otherwise.
    2. Except to the extent permitted by relevant legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this web site, without obtaining our prior written consent.
    3. Unauthorised use of the images, designs and other materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil proceedings and penalties.



16. COPYRIGHT AND TRADEMARK NOTICES:

    1. All contents of the Nichol's website are: Copyright 2019 by Nichol's Group and/or its suppliers. All rights reserved.



17. TRADEMARKS

    1. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.



18. DISCLAIMER

    1. This Service provides general information about Nichol’s Garden Group Ltd and the products and services they offer.
    2. The information contained on this page has been prepared solely for the purpose of providing information about Nichol’s and the services and products they offer.
    3. We reserve the right to change, delete or move any of the material on the website at any time without notice.
    4. Nichol’s and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the website.
    5. This includes viruses alleged to have been obtained from the site, your use of or reliance on the site or any of the information or materials available on the site, regardless of the type of claim or the nature of the cause of action.



19. WARRANTIES

    1. The Consumer Guarantees Act 1993, the Fair Trading Act1986 and other statutes may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded. Other than as expressly provided for in these Terms, we exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied by common law, equity or otherwise.
    2. Where you acquire goods from us for the purposes of a business:        
    3. The parties acknowledge and agree that:
       • You are acquiring the good covered by these Terms for the purposes of a business in terms of sections 2 and 43(2) of the Consumer Guarantees Act 1993;
       • The goods are both supplied and acquired in trade for the purposes of the Fair Trading Act 1986 and the parties agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A(Unsubstantiated representations), and 13(False or misleading representations); and
    4. You agree that all warranties, conditions and other terms implied by the Consumer Guarantees Act 1993 or sections 9, 12A and 13 of the Fair Trading Act 1986 are excluded from these Terms to the fullest extent permitted by law and the parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.



20. LIMITATION OF LIABILITY

    1. Except as expressly otherwise provided by clause 19, we shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss of lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from Goods provided by us to you.
    2. To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms or for any other reason, such liability is limited to the amount of the price of the Good concerned . If Goods are returned by you, or if you make a claim in writing to us in relation to Goods provided, we may, in our discretion, repair or replace the Goods or refund the price of those Goods to you, provided that;
       • The Good must be returned, or the claim must be made in writing to us within 14 days of the date of purchase: and
       • you must supply the date and number of any invoice relating to the Goods; and
       • we must be given a reasonably opportunity to inspect the Goods



21. PRIVACY OF INFORMATION

    1. You authorise us to collect, retain and use information about you from any person for the purposes of assessing your creditworthiness. We will obtain and use this information in accordance with our Privacy Policy.



22. NOTICES

    1. Any notice may be given by phone, in person, posted or sent by fax or email from either party to another



23. COSTS

    1. You must pay our costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms.



24. DISPUTES

    1. Any claim or dispute arising under these Terms shall be determined by mediation if the parties are unable to resolve such dispute between themselves within one month of the dispute arising. However, nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand courts.



25. FORCE MAJEURE

    1. We shall not be liable for delay or failure to perform our obligations under these Terms If the cause of delay or failure is beyond our reasonable control.



26. GOVERNING LAW

    1. Any agreement arising between us shall be interpreted and governed by the laws of New Zealand. Any disputes arising under the agreement or related to this site shall be dealt with by the courts of New Zealand.



27. USE OF COOKIES

    1. Some pages on this site use "cookies" which are small files that the site places on your hard drive for identification purposes. These files are used for site registration and customisation the next time you visit us. You should note that cookies cannot read data on your hard drive. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you do not accept cookies, some pages may not function fully, and you may not be able to access certain information on the site.



28. LINKS TO THIRD PARTY SITES

    1. The website may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
    2. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.



29. NO UNLAWFUL OR PROHIBITED USE

    1. As a condition of your use of the website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by law, these terms, conditions, and notices.
    2.  You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website.
    3. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Nichol's websites.



30. USE OF COMMUNICATION SERVICES

    1. The website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services").
    2. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
       • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
       • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
       • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
       • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
       • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
       • Conduct or forward surveys, contests, pyramid schemes or chain letters.
       • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
       • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
       • Restrict or inhibit any other user from using and enjoying the Communication Services.
       • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
       • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
       • Violate any applicable laws or regulations.
    3. We have no obligation to monitor the Communication Services but reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
    4. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
    5. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
    6. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
    7. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.



31. MATERIALS PROVIDED TO NICHOL'S OR POSTED AT ANY NICHOL'S WEBSITE

    1. We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any Nichol's website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of our Internet businesses including, without limitation, the rights to:
       • copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and
       • to publish your name in connection with your Submission.
    2. No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
    3. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.



32. DISCLAIMER

    1. The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors.
    2. Changes are periodically added to the information herein. We and/or our suppliers may make improvements and/or changes in the website at any time.
    3. Advice received via the website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
    4. We and/or our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose.
    5. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind.
    6. We and/or our suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.



33. TERMINATION/ACCESS RESTRICTION

    1. We reserve the right, in our sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.



34. GENERAL 

    1. To the maximum extent permitted by law, this agreement is governed by the laws New Zealand and you hereby consent to the exclusive jurisdiction and venue of courts of New Zealand in all disputes arising out of or relating to the use of the website.
    2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nichol's as a result of this agreement or use of the website.
    3. If any part of this agreement is determined to be invalid or unenforceable by the relevant authority then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
    4. Unless otherwise specified, this agreement constitutes the entire agreement between the you and us with respect to the website and it supersedes all prior or contemporaneous communications and proposals.
    5. No failure or delay by us in insisting upon strict performance of these Terms or exercising any right under these Terms will operate as a waiver of those matters



35. CUSTOMER GUARANTEE

    1. Nichol’s will always endeavour to provide the best price, quality and customer service when possible to ensure you the customer will always be delighted.
    2. If you have any queries regarding these terms and conditions or shopping with nicholsgroup.co.nz please email onlineorders@nicholsgroup.co.nz or call +64 3455 1579