Website.
By using our Website you agree that you are bound by these Terms.
If you do not agree to anything in these Terms then you should stop using our Website.
You should read these Terms carefully and contact us if you have any queries about them.
Terminology
References in these Terms to we, us or our are references to Honey Star New Zealand Limited.
References to you or your are references to the person or entity using our Website.
If you are using the Website on behalf of another entity, you represent and warrant that you are entitled to bind that entity and you have its authority.
Content and intellectual property
The Website contains text, images, graphics, sound, photographs and other materials and content relating to our business and our products (collectively, Content).
The Content, and all intellectual property rights in the Content, are owned by us or by our licensors and, except as specified in these Terms, you have no rights in or to the Content.
You must not use, reproduce, transmit, distribute or otherwise exploit any Content in any way, except that, where the Website permits and enables the download of particular Content, you may download one copy of that Content to a single computer for your personal, non-commercial home use only.
You agree to ensure that nothing you submit to us through the Website infringes or breaches the rights of any third party or creates any obligation for us. By submitting anything to us through the Website, including any Content, (Your Content) you hereby grant to us, our related companies and all users of the Website an irrevocable, sub-licensable, transferable, worldwide, paid-up license, to use, copy and modify Your Content in connection with the Website and our business and products and to disclose Your Content to third parties.
We are not responsible for any content or information on any website that is linked to our Website. We include such links for your convenience and you should not consider a link to be an endorsement by us of any business, product, service or information on that website. If you would like to link your website to our Website, you must first obtain our written consent.
Restrictions on use
The Website is only for your legal personal use. You may not use the Website or any Content in any way that is unlawful, or harms us, our related companies or any other person.
You may not send or post any material on the Website, or use the Website, the Content or any service offered via the Website in any manner, that: is unlawful; is obscene, offensive, defamatory, derogatory or unwanted; could damage, disable, overburden, or impair any or our servers or the network(s) connected to our servers; could interfere with any other party's use and enjoyment of the Website; or reduces the number of users accessing or using or able to access or use the Website.
If you register to be a member of our Website or for any service or offering on our Website, additional information and services may be made available to you. We may decline to register you, or cancel your registration, for any reason and we are not obliged to state such reason.
Communication Services
The Website may contain e-mail services, bulletin board services, blogs, chat areas, news groups, forums and/or other message or communication facilities designed to enable you to communicate with others (collectively, Communication Services). You agree to use the Communication Services only to post, send, and receive messages and material that complies with these Terms.
We are not responsible for the communications of users via the Communications Services and those communications are not reviewed, screened or approved by us. We reserve the right to: terminate or suspend your access to any or all of the Communication Services; or remove any material from the Communication Services, at any time, without notice, for any reason and we are not obliged to state such reason. You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications and that you have no expectation of privacy concerning your use of the Communications Services. Therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications via the Communications Services.
Privacy and purchasing products
We may collect certain personal information in order to operate the Website and conduct our business. Our collection and use of personal information is governed by our Privacy Policy. By accessing and browsing this Website, you accept the terms of our Privacy Policy.
If you intend to purchase any products via our Website, you will do so on the terms and conditions set out in our Terms of Trade. By ordering and purchasing our products via this Website, you accept the terms of our Terms of Trade.
Risk and liability
You understand and agree that your use of the Website is at your sole risk. The Website is provided by us on an “as is” and “as available” basis. We disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability, quality and fitness for a particular purpose). Without limiting the above, we do not warrant that the Website will be available at all times, secure or error-free, or that any Content is error-free or reliable.
In no event will we, or our related companies, employees, agents, directors and other personnel (Manuka Affiliates), have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of the Website, whether or not such liability is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data.
You agree to at all times indemnify the Manuka Affiliates against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by any of the Manuka Affiliates arising out of or in connection with any breach by you of these Terms. None of the exclusions or limitations set out in these Terms will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.
Changes to these Terms
We may amend these Terms from time to time without notifying you. The current and binding Terms will be the version displayed on the Website at the time you access or use the Website.
If you do not accept any modification to these Terms, you may terminate your access and use of the Website. Your continued use of the Website after a change or update has been made to these Terms constitutes your acceptance of the changed or updated Terms.
General terms
We reserve the right, without any limitation whatsoever, to discontinue or alter the Website or terminate or suspend your access to the Website at any time, without notice, for any reason and we are not obliged to state such reason. Notices to you may be made via posting to the Website, by email, or by regular mail, in our sole discretion.
We may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 these Terms shall continue in effect.
These Terms, and any disputes arising from or relating to the conduct covered by the Terms, are governed by the laws of New Zealand. You hereby submit to the exclusive jurisdiction of the courts of New Zealand.
TERMS OF TRADE
Honey Star New Zealand Limited
Honey Star New Zealand Limited (we, us or our) is a leading New Zealand company and we manufacture and sell New Zealand bee products in a range of countries.
These Terms of Trade govern the supply of our products to you that your order via the Honey Star New Zealand website at www.honeystarnewzealand.co.nz, and any websites or applications operated by us (Website).
By ordering any products using our Website you agree that you are bound by these Terms of Trade.
If you do not agree to anything in these Terms of Trade then you should not order any products from us.
You should read these Terms of Trade carefully and contact us if you have any queries about them.
Terminology
References in these Terms to we, us or our are references to Honey Star New Zealand Limited.
References to you or your are references to the person or entity order our products.
If you are ordering our products on behalf of another entity, you represent and warrant that you are entitled to bind that entity and you have its authority.
Your account
To purchase any of the products available from the Website (Products) or to open an account with us, you must provide us certain information, including your name, address, contact details and payment information.
You agree that all information you provide us about you at any time will be accurate, up to date and complete.
If you are a member of this Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer, your account or your password.
You agree to accept responsibility for all activities that occur under your account or password. You must tell us immediately if you believe some person has accessed your account without your authority and you must log in to your account and change your password.
Ordering products
Our listing of Products on the Website constitutes an invitation for you to make an offer to purchase those Products.
By clicking to confirm an order to buy a Product from us via this Website, you acknowledge that you are offering to purchase that Product from us.
We will be deemed to have accepted your offer where acceptance is confirmed in an email or other message or by the dispatch of the Product to the last delivery address advised by you.
Price of Products
The price payable by you for a Product will be the price at the time you click to offer to purchase that Product, in the absence of manifest error. The price of any Product may change over the time it is listed on this Website. It is your responsibility that you are up-to-date with the latest price of the Products at the time you make your offer.
Prices listed on this Website exclude GST, VAT and other sales taxes (unless otherwise expressly stated) which will be added if applicable at the point of checkout or payment.
Prices listed on this Website may or may not include any delivery costs depending on factors such as the size of the order and the delivery location. You should check our shipping and delivery policies located on our Website as they are updated from time to time. Those policies form part of these Terms of Trade.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time and should not be relied on by you.
Payment
When offering to purchase a Product, you must pay the price for that Product in full using credit or debit cards or through such other payment methods described in the payment section of our Website, unless otherwise agreed in writing with us.
All charges relating to a payment, including any charges applied where payment is made in a currency other than New Zealand dollars, will be borne by you.
We may use an agent or service provider to process any electronic payment transaction. You agree that we may share your personal information with that agent or services provider to the extent necessary to process that payment transaction.
If any payment amount is insufficient or any payment is otherwise declined, the order of the applicable Product will automatically be terminated.
Delivery
Once you have purchased a Product, we will deliver that Product to you in accordance with the delivery option you elected when you completed your order.
Please check your delivery address carefully as we will not be responsible for delivery to an incorrect address. You shall be responsible for the cost to resend a parcel that is returned because of an incorrect address.
Some countries have special regulations specific to importing honey and other bee products. You acknowledge you have reviewed the contents of your order and acknowledge that it contains acceptable and approved items for import into the country of destination/delivery. You accept full responsibility and any associated risk of any items or package (or part thereof) being detained by customs for whatever reason, and you acknowledge and agree that we are not liable for orders unable to be delivered to their destination due to import regulations.
You are responsible for any duties, levies or other charges associated with importing the Product into the country of delivery.
Cancellations and returns
You are not permitted to cancel any order once the Product has been shipped except to the extent permitted by applicable law.
If any Product is defective upon delivery to you, you may notify us and return the Product to us, and we will provide you with a credit or replacement for the defective Product.
Risk and title
Risk in all Products you order will pass to you upon delivery of the Products to you.
Title in the Products you purchase will pass to you on the later of payment for the Products in full and delivery of the Products to you.
Liability
If you purchase Products from us for a business purpose, then you agree that the statutory guarantees and implied terms, covenants and conditions contained in the New Zealand Consumer Guarantees Act 1993 are excluded and do not apply.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty relating to Products to one or more of the following at our option:
(a) the replacement of the Products or supply of equivalent products;
(b) the repair of such Products;
(c) the payment of the cost of replacing the Products or of acquiring equivalent products; or
(d) the payment of the cost of having the Products repaired.
In no event will we be liable (whether in contract, tort including negligence, or otherwise) to you for:
(a) loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or
(b) loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature,
arising directly or indirectly out of your use of the Website or your purchase of any Products, even if we had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by us.
Our the maximum liability to you arising out of any and all claims relating to your use of the Website or the purchase of any Products (whether in contract, tort (including negligence) or otherwise) will not in any circumstances exceed NZ$100.
None of the exclusions or limitations set out in these Terms of Trade will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.
General
We may amend these Terms of Trade from time to time without notifying you. The current and binding Terms of Trade that apply to the purchase of Products will be the version displayed on the Website at the time you place your order.
If any part of these Terms of Trade are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 these Terms of Trade shall continue in effect.
We will not be liable to you for any breach of, or failure to perform, any of its obligations under these Terms of Trade where our breach or failure is caused by anything beyond our reasonable control, including (without limitation) war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, weather phenomena or other act of God, governmental regulation or direction.
These Terms of Trade shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
These Terms of Trade, and any disputes arising from or relating to the conduct covered by the Terms of Trade, are governed by the laws of New Zealand. You hereby submit to the exclusive jurisdiction of the courts of New Zealand.