Last updated 20/10/17
Welcome to the website of Cedar Park Farms Limited (trading as “Bella New Zealand Manuka Honey”). These Terms and Conditions apply to your use of:
(a) the Bella New Zealand Manuka Honey website
(b) any other Bella New Zealand Manuka Honey website, page or application used to gather your details or send you email notifications relating to Bella New Zealand Manuka Honey and its products; and
(c) any social media website or page, containing pages or content established by, or associated with Bella New Zealand Manuka Honey, including, but not limited to:
(i) Facebook, (ii) Twitter, (iii) LinkedIn, and (iv) WeChat
(“the Internet Sites”).
1. Terms
By accessing or using any one or more of the Internet Sites you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Sites immediately.
2. Privacy Policy
We value your privacy and make it a priority to safeguard your personal information. We do not sell or rent your personal information to third parties for commercial gain. We will never give, lease, sell or otherwise disclose your personal information to third parties, other than for the specific purposes outlined below.
2 (a). Collection of Your Information
We collect information about you through our website to improve your shopping experience, as well as to communicate with you about our products, services and promotions.
2 (b). Data Retention
We will retain your information for as long as your account is active or as needed to provide you with services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
2 (c). Types of Information Collected
We may collect personal information from you (including, without limitation, your name, email address, phone number, address, and purchase history) when you register with our website, place an online order, save your information with us online, contact us with a question or concern, or participate in a promotion. This information is used to correspond with you, deliver products to you or fulfil any other aspect of our service, and communicate with you about our products and services, including marketing and promotional material.
2 (d). Access to Your Information
You have the right to access personal information about you and request corrections or updates to be made, provided we hold such information in a way that it can be readily accessed and amended.
2 (e). Email Communication
Use of our website requires you to accept certain email communications from us, some of which you are required to receive in order for us to be able to fulfil our service. For example, we send an ‘order confirmation’ email confirming that your order has been successfully placed. We also send marketing and promotional emails from time to time, but these are optional and you will always be provided with a link to ‘Unsubscribe’ from any such emails.
2 (f). Cookies
Our website uses “cookies”. Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. Although you may configure your web browser to not accept cookies, you may experience a loss of functionality as a result.
2 (g). Third-Party Remarketing
When you visit our website with cookies enabled, we use third-party cookies supplied by Google and Facebook. While these cookies are completely anonymous – in that they do not provide us or any third party with any personally identifiable information about you – they do track certain things like how long you spent on our site, and which pages you did or didn’t visit. This allows us to use Remarketing functionality to deliver targeted advertising to you based on your behaviour whilst you were on our site.
2 (h). Analytics
Our website uses Google Analytics and Mouseflow to quantify and analyse user behaviour. The data does not provide us or any third party with any personally identifiable information about you. Disabling JavaScript in your browser will prevent this tracking functionality.
2 (i). How we use your information
We may use your collected information in the following ways:
• To process and fulfil your order, including sending emails to confirm your order status and shipment, along with customary business communications.
• To verify your identity and to assist you if you have forgotten your username or password.
• To communicate with you and to send you information by email, postal mail or other means about our products, services and promotions, where you agree to receive such information.
• To help us learn more about your shopping preferences and personalise our offer to you in accordance with your preferences.
• To analyse trends and statistics.
• To improve or update this website and our products.
• To protect the security or integrity of our website and our business.
• To respond to your enquiries and communicate with you if necessary.
You always have the choice not to receive marketing and promotional information. It is our policy to remove any user from our database or mailing list upon the user’s request.
2 (j). Website and Credit Card Security
We take website and credit card security extremely seriously.
Bella New Zealand Manuka Honey endeavours to provide a safe and secure platform on which to conduct online transactions. Bella New Zealand Manuka Honey uses the industry standard Secure Sockets Layer (SSL) protocol, which encrypts your personal information as it is transmitted over the internet. This encryption scrambles details such as your password and address so that generally, other computers are unable to decipher the information, ensuring privacy and security. To make sure you are accessing a secure server, check for a closed padlock symbol in your browser window. Note that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
2 (k). Changes to our Privacy Policy
We reserve the right to change this privacy policy from time to time by publishing the revised privacy policy on our website. Your continued use of our Services after any changes have been posted on our Website indicates your acceptance of those changes.
3. Amendments
Bella New Zealand Manuka Honey reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website.
4. Disclaimer
While Bella New Zealand Manuka Honey endeavours to ensure that no viruses or malicious software is contained on the Website, Bella New Zealand Manuka Honey makes no warranty as to your use of the Website and Bella New Zealand Manuka Honey will have no liability for any damage to your computer or other hardware as a result of your use of the Website.
5. Intellectual Property
Unless otherwise stated, Bella New Zealand Manuka Honey is the owner of all copyright, trademarks and other intellectual property rights relating to Bella New Zealand Manuka Honey, its subsidiaries, or the Goods on the Internet Sites. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. Bella New Zealand Manuka Honey’s ownership in such intellectual property is protected by both New Zealand and international law. You may not make use of any logo or trademark displayed on the Website without the express written consent of Bella New Zealand Manuka Honey.
6. License
Bella New Zealand Manuka Honey grants you a limited license (“License”) for the purpose of learning about Bella New Zealand Manuka Honey and its products, registering, ordering and paying for Bella New Zealand Manuka Honey products, and making personal use of the Internet Sites. Any contravention by you of these Terms and Conditions terminates the License immediately. Under no circumstances, without the prior written approval of Bella New Zealand Manuka Honey, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Internet Sites other than in accordance with the License. You agree to fully indemnify Bella New Zealand Manuka Honey for any loss or damage it may suffer, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third-party claims against Bella New Zealand Manuka Honey its related parties, employees, contractors or agents, that may arise as a result of your breach of the License.
7. Proprietary Notices
In the event that you are granted permission by Bella New Zealand Manuka Honey to use any content from the Internet Sites other than for personal use, subject to any contrary agreement you reach with Bella New Zealand Manuka Honey, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
8. Content
While Bella New Zealand Manuka Honey endeavours to take all reasonable and appropriate care in the preparation of the content on the Internet Sites and has no reason to believe that any information contained on the Internet Sites is inaccurate, Bella New Zealand Manuka Honey does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Bella New Zealand Manuka Honey does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage is a result of or contributed to by the negligence of Bella New Zealand Manuka Honey.
9. User submitted content
We reserve the right to use all user submitted content we receive in our marketing and promotional material, both on and offline, identifying the submitter by first name only. If you don’t want us to use your submitted content, please let us know.
Beyond prevailing legislation, Bella New Zealand Manuka Honey has no obligation to screen or edit any content supplied by customers, but has the right to do so, and to modify, delete, refuse to post or remove any content, in whole or in part, from any portion of Bella New Zealand Manuka Honey’s websites or social media platforms, at its sole discretion for any reason whatsoever, including, but not limited to, content that violates these terms and conditions or is otherwise objectionable.
10. Opinions
Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of Bella New Zealand Manuka Honey regardless of whether Bella New Zealand Manuka Honey may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites.
11. Linked Websites and Third Party Information
The Internet Sites may contain links to other websites (“Linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Bella New Zealand Manuka Honey is not responsible for the content or privacy practices associated with linked websites. Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by use 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 including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary. The Internet Sites may contain information which is obtained from third parties and which those third parties or Bella New Zealand Manuka Honey may post on the Internet Sites from time to time. Such information is provided for convenience only and Bella New Zealand Manuka Honey does not necessarily endorse the products or services referred to in the information.
12. Links
Bella New Zealand Manuka Honey requires that you obtain the prior written approval of Bella New Zealand Manuka Honey before providing any link to the Website. Where such approval is given, you further agree that you will not use any Bella New Zealand Manuka Honey logo, trademark or other proprietary graphic as part of such link without the express prior approval of Bella New Zealand Manuka Honey.
13. Exclusion of Warranty
Bella New Zealand Manuka Honey does not engage in offering professional medical or health advice. The information accessed through the Internet Sites is not intended to be complete or diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem please consult your healthcare professional.
14. Exclusion of Liability
Under no circumstances will Bella New Zealand Manuka Honey, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of Bella New Zealand Manuka Honey to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.
15. Jurisdiction
The Internet Sites are governed by and are to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the Internet Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
16. Social Networking Sites
These Terms and Conditions must be read in addition to the respective terms and conditions governing the use of social networking sites, such as Facebook and Twitter, as published by the relevant social networking site. By accessing a social networking site you agree to be bound by, and comply with, the terms and conditions of that social networking site, provided that these Terms and Conditions, along with our Privacy Policy and Terms of Purchase, are paramount where there are inconsistencies with the general terms and conditions published by the relevant social networking site.
17. Disputes
In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
18. Failure to Comply
Bella New Zealand Manuka Honey accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
19. Waiver
If Bella New Zealand Manuka Honey waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
20. Severability
If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
21. Breach
In the case of a breach of these Terms and Conditions by you or any other person, Bella New Zealand Manuka Honey is free to decide whether it wishes to take action for such breach, and if so when and how. Bella New Zealand Manuka Honey will not be prevented by passage of time or any other matter, from exercising its rights.
22. No Assignment
You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
23. Contact
Bella New Zealand Manuka Honey can be contacted in any of the following ways:
Email: info@bellanewzealandhoney.nz
Phone: +64 21 38 99 37
Post: PO Box 24131, Abels, Hamilton 3253, New Zealand
TERMS OF PURCHASE:
1. These Terms of Purchase will govern the purchase of any goods (“Goods”) you make from Bella New Zealand Manuka Honey (“Bella New Zealand Manuka Honey”, “us”, “we”) through the Bella New Zealand Manuka Honey website. You should read and ensure you understand these Terms of Purchase before ordering (“Order”) any Goods through this Website. If you do not agree with any of these Terms of Purchase you must not Order Goods through the Website.
2. Terms and Conditions of Use and Privacy Policy
In addition to these Terms of Purchase, the Terms and Conditions of Use (“Terms and Conditions”) and the Privacy Policy also govern your access to and use of the Website. You should ensure that you have read the Terms and Conditions and the Privacy Policy in conjunction with these Terms of Purchase. By accessing the Website you are deemed to have read and agree to be bound by the Terms and Conditions the Privacy Policy and these Terms of Purchase.
3. Amendments
Bella New Zealand Manuka Honey reserves the right to amend these Terms of Purchase from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms of Purchase as amended. Such amendments may include replacing these Terms of Purchase with entirely new Terms of Purchase.
4. Prices and tax
All prices are expressed in New Zealand dollars and are inclusive of goods and services tax chargeable under the Goods and Services Tax Act 1985 (“GST”), unless the shipping address is overseas. Bella New Zealand Manuka Honey reserves the right to amend the prices of Goods from time to time without prior notice.
5. Cancellation
You may not cancel an Order once it has been submitted provided that Bella New Zealand Manuka Honey may reject your Order at any time and is not required to give reasons for rejecting your Order.
6. Reimbursement
If we reject your Order we undertake to reimburse you for any payments already received by us.
7. Delivery
Delivery of the Goods to you will take place in the manner chosen by Bella New Zealand Manuka Honey unless agreed otherwise with you. Bella New Zealand Manuka Honey will not be liable for any delay in delivery of Goods ordered or non-delivery of Goods ordered, other than in accordance with the provisions of the Consumer Guarantees Act 1993.
8. Title
Title in the Goods does not pass to you until payment has been received in full by Bella New Zealand Manuka Honey or its agent. You acknowledge that these Terms of Purchase create a security interest as defined in the Personal Property Securities Act 1999 (NZ) in favour of Bella New Zealand Manuka Honey in any Goods purchased from this Website, and that Bella New Zealand Manuka Honey may at any time register a financing statement on the Personal Property Securities Register to protect its security interest in the Goods. While Bella New Zealand Manuka Honey retains title to the Goods you must properly store the Goods and ensure the Goods are identifiable as Bella New Zealand Manuka Honey product.
9. Payment
Acceptable methods of payment include the following: credit cards (Visa and MasterCard), WeChat Pay, Alipay, and online banking through PayEase.
10. Donations
Bella New Zealand Manuka Honey may donate a percentage of the sale price of any Goods to any charity of its choosing. Nothing in these Terms of Purchase comprises an endorsement of Bella New Zealand Manuka Honey products by any recipient of a donation.
11. New Zealand Law
Details contained on the Internet Sites relating to Goods, including any descriptions or claims made in relation to Goods, have been prepared in accordance with New Zealand law and may not satisfy the laws or regulations of any other jurisdiction.
12. Incorrect Orders
Incorrect Orders must be reported to Bella New Zealand Manuka Honey within five (5) working days of their receipt together with the invoice number. Any Goods returned must be clean and free from price markings. Goods that have been damaged or are not resalable may not be credited in full.
For Goods ordered in excess of your requirements or in error, Bella New Zealand Manuka Honey reserves the right to charge a handling fee of up to 20% of the original invoice value where those Goods are returned. An authorisation is required by Bella New Zealand Manuka Honey prior to the return of any Goods and Bella New Zealand Manuka Honey is under no obligation to grant any such authorisation.
13. Defective Goods
If Goods purchased are defective, then provided such Goods are returned together with the relevant invoice or shipping note to Bella New Zealand Manuka Honey within ten (10) working days of the date of purchase, Bella New Zealand Manuka Honey will at its option, replace such Goods or refund the purchase price.
14. Exclusion of Liability
Under no circumstances will Bella New Zealand Manuka Honey, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you, or by any other third party, whether direct or consequential (including, but without limitation, any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to Goods supplied pursuant to an Order placed on the Website or in respect of any failure or omission on the part of Bella New Zealand Manuka Honey to comply with its obligations as set out in these Terms of Purchase in respect of the sale of Goods to you. If you are using the Website, or purchasing Goods for a business purpose, you agree that the Consumer Guarantees Act 1993 does not apply.
15. Limitation of Liability
In the event that any limitation or provision contained in these Terms of Purchase is held to be invalid or unenforceable for any reason and Bella New Zealand Manuka Honey becomes liable for any loss or damage that would otherwise have been excluded, Bella New Zealand Manuka Honey’s maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of the supply of the Goods pursuant to an Order is to be limited to the lesser of the value of Goods comprised in an Order to which a claim relates; the cost of repairing or replacing defective Goods; and the actual loss or damage suffered by you. All other warranties, descriptions, representations and conditions as to fitness, suitability for any purpose or specific conditions, even though such conditions may be known to Bella New Zealand Manuka Honey, merchantable or otherwise, whether express or implied, and whether statutory or otherwise, are expressly excluded, except to the extent that such liability is required by law without right of exclusion.
16. Notification of Problem
Bella New Zealand Manuka Honey shall not be liable for any damage, discrepancy or shortage in the Goods unless you notify Bella New Zealand Manuka Honey and the carrier within 48 hours of the time of delivery of the Goods.
17. Goods Description and Availability
All descriptions of Goods, specifications, quantities and prices of Goods depicted on the Internet Sites are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only. Bella New Zealand Manuka Honey will make all reasonable efforts to accurately display the attributes of the Goods, including applicable colours; however, the actual colour you see will depend on your computer and we can not guarantee your computer will accurately display such colours. While Bella New Zealand Manuka Honey will use its best endeavours to ensure your Order is met, Bella New Zealand Manuka Honey provides no warranty as to the availability of Goods ordered on the Website.
