Terms and Conditions
Terms and Conditions
The following Terms and Conditions govern the use of Four Acres Ltd's Online Service (the Service) including shopping and participation in promotions run by Four Acres Ltd through it's web site http://www.igiveashit.nz/ (the Site) and other channels including but not limited to specific purpose web sites, showroom sales, telephone, mail and fax order.
You can access this Agreement at any time from any page of the Site.
We make every effort to ensure all information on this site is accurate and up to date. However, in the event a product is listed at an incorrect price, or with incorrect information, Four Acres Ltd shall have the right to refuse or cancel any order placed for product listed at the incorrect price. Four Acres Ltd shall have the right to refuse or cancel any such order whether or not any such order has been confirmed and your credit card charged. If your credit card has already been charged for such purchase and your order is cancelled, Four Acres Ltd shall refund the amount of the charge.
All prices in the shopping areas are in New Zealand dollars (NZ$). Subject to the previous clause, all prices are correct at time of publication and the prices published on the Site at the time and date of the purchase will be the final price paid. The time and date of purchase is the time and date we confirm your order by sending goods to you. However we reserve the right to alter prices for any reason.
Risk of Loss
In the case of all items purchased from Four Acres Ltd, the risk of loss and title for such items passes to you upon our delivery to the carrier. Four Acres Ltd is deemed to have fulfilled its obligations to deliver the goods when they are handed to the carrier.
Four Acres Ltd shall arrange an agent to deliver the goods to the address stated on the order or as agreed by Four Acres Ltd in writing. Four Acres Ltd shall deliver the goods by such carrier and such form of transport Four Acres Ltd consider to be appropriate or as selected by the customer during the sales process. For items to be shipped overseas, the terms of delivery are FCA (Free Carrier) as defined by INCOTERMS 2000. That is, Four Acres Ltd delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place. Four Acres Ltd will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Four Acres Ltd's control. Four Acres Ltd shall not be in any way responsible for any losses, damages, costs or other consequences (direct or indirect) arising from such delay or non-delivery.
The Customer agrees to inform Four Acres Ltd within 30 days of the date of invoice if proof of shipment is required.
If you are acquiring goods from us for on-sale, or otherwise for business purposes, the Consumer Guarantees Act 1993 does not apply. Nothing in these terms and conditions is intended to be inconsistent with consumers' rights under the Consumer Guarantees Act and in the event of any inconsistency the Act overrides the relevant part of these terms and conditions. In any case, where the Consumer Guarantees Act does apply, if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Four Acres Ltd will repair or replace those goods. The Customer acknowledges that Four Acres Ltd does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Four Acres Ltd in writing;
If the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Four Acres Ltd's prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as Four Acres Ltd requires, and the Customer agrees to indemnify Four Acres Ltd against any loss, liability or cost incurred by Four Acres Ltd under the Consumer Guarantees Act 1993 or otherwise as a result of any breach by the Customer of these obligations.
Return of Goods
Four Acres Ltd will replace any defective goods at no cost to the purchaser. Please contact Four Acres Ltd for detailed instructions should you require assistance.
Four Acres Ltd will not accept the return of non-defective goods (such as where the Customer has ordered the wrong size or colour) for credit or any other purpose unless Four Acres Ltd agrees to accept the return of the goods and advises the Customer a return advice number prior to the return of goods. Return of goods will only be accepted for credit or exchange within 14 days of delivery, unless due to Four Acres Ltd's error. Return freight will be at Four Acres Ltd's cost only when there has been an error on Four Acres Ltd's part.
No returned goods shall be accepted by Four Acres Ltd (even if Four Acres Ltd agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to above. Where goods are returned to Four Acres Ltd but not accepted as above, they shall be returned to you at your expense.
Receipt by Four Acres Ltd or by any of our agents or representatives of any goods returned other than in accordance with the above two paragraphs shall not constitute nor be deemed to constitute Four Acres Ltd's acceptance of the return of the goods for credit or any other purpose.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Four Acres Ltd is not responsible for the operation of or the content on any such site.
It is natural for those new to electronic purchasing to be concerned about security of personal and credit card details. In reality, a commerce transaction on the Internet is significantly more secure than a similar telephone transaction or handing your credit card over the counter in a store.
To ensure that your credit card or other personal details are kept secure in transit on the Internet, we use a 128-bit digital certificate to encrypt the data going to and from the web Site. Look for the secure page entry messages that you get notified from your browser and for the web address to change to "https" (secure web page transfers).
In addition, the Four Acres Ltd web Site is hosted behind a commercial firewall to prevent hackers from obtaining access to your data. Even if this unlikely event does occur, we do not keep a record of your full credit card number. Only authorised personnel from the Four Acres Ltd Site administration and our hosting provider are allowed either physical or electronic access to the web server or databases.
If you have any queries regarding shopping with Four Acres Ltd, please email, fax or call us - details on the Contact Us page.
Use of the Service by You
Your right to use the Service is personal to you. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service.
You may not download, modify, transmit, or otherwise use any material from the Service for public or commercial purposes.
The Service's content, information and advice is offered free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.
Ownership of Site
This Site is owned and operated by Four Acres Ltd. All of the content included on this Site, including, but not limited to, text, graphics, logos, icons, images, and software is the property of Four Acres Ltd or its suppliers and protected by New Zealand and international copyright laws. You are welcome to access and use this site and to view and print one copy of any material on it for your personal, non-commercial use and without removing any of our trade marks or copyright notices. No other copying is permitted without our consent in writing.
This Service provides general information about Four Acres Ltd Limited and the products and services they offer. The information contained in the Service has been prepared solely for the purpose of providing information about Four Acres Ltd, its suppliers, subsidiaries and the services and products they offer. Four Acres Ltd reserves the right to change delete or move any of the material on the Service at any time without notice.
To the fullest extent permitted by law, Four Acres Ltd 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 Service. This includes viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action.
Except as specifically stated in these terms and conditions, or elsewhere on this Site, or as otherwise required by applicable law, neither Four Acres Ltd nor its directors, employees, licenses, content providers, or other representatives will be liable for damages of any kind (including, but not limited to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, or inability to use, or the performance of this Site or the content thereof, whether or not we have been advised of the possibility of such damages.
Governing Law and Venue
This agreement shall be interpreted, construed and governed by the laws of New Zealand. Any and all disputes arising under this agreement or in any way related to this Site shall be dealt with by the Courts of New Zealand and each party agrees to not contest the jurisdiction of these courts.
No action of Four Acres Ltd other than an expressed written waiver or amendment may be construed as a waiver or amendment of any of these terms and conditions. Should any clause of these terms and conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to make changes to our Site and these Terms and Conditions at any time and such changes will take affect from the time they are published on this site. These conditions set out the entire agreement between Four Acres Ltd and you relating to your use of this Site.