Terms and Conditions
By using www.ginkgo.nz you are agreeing to the terms and conditions laid out below.
WEBSITE CONTENT AND USE
We try to guarantee the accuracy of all information in this website however this website is provided on an "as is" and "as available" basis without any endorsement or representation made and we make no warrantees of any kind in relation to the www.ginkgo.nz website.
Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate.
We make no warranty that the www.ginkgo.nz site will operate on your computer free from errors with no loss of information when transmitting data through the www.ginkgo.nz website or server. All information on this site can be changed at any time without notification. Ginkgo NZ Ltd offer no warranty that the use of this site will not result in the "infection" of computers with internet based contamination such as, but not restricted to viruses or "Trojan Worms". Ginkgo NZ Ltd reserves the right at any time, without notice to modify, suspend or terminate operation of this site, block users from accessing the site or to interrupt the operation of the site.
Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Ginkgo NZ Ltd.
Security of information
You are entirely responsible for maintaining the confidentiality of your personal details at all times, including credit card and any personal account details. You agree to notify Ginkgo NZ Ltd immediately of any discretion or unauthorized use of your personal details. You assume total responsibility for the use of this site.
You must keep your Login details safe and confidential at all times.
Use of the site
You agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the Website for your own personal use but otherwise neither the Website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Ginkgo NZ Ltd’s prior written consent. You agree that you will not interfere with any other party's use and enjoyment of the Website, or damage the operation of the Website, by way of any software program, virus or corrupted file.
LIABILITY AND INTELLECTUAL PROPERTY
No liability for indirect loss
Ginkgo NZ Ltd shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, or the delivery or failure to deliver any Products.
All intellectual property owned by Ginkgo NZ Ltd
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website and its contents and all Recipes is owned by, and shall at all times remain the exclusive property of Ginkgo NZ Ltd and is protected by New Zealand and international law.
Your privacy and that of other users of the site is important to us. www.ginkgo.nz is allowed to collect and store data and information for the purpose of exclusion and many other purposes. We use information that you provide to us (either directly or via cookies) to fulfil your orders, to make service offerings, and to customize the site to meet your needs. We may email you or contact you in other ways to achieve these same goals. Our growers and banks and other third party service vendors may have access to subsets of information you provide to us. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them by users of the site. You may "opt out" of receiving emails from us or any other party outlined above by clicking "unsubscribe" in their email messages.
Information retained by Ginkgo NZ Ltd
Any personal information supplied by you may be retained by Ginkgo NZ Ltd until such time as you request that the information be removed.
ORDERS AND PAYMENT
Ginkgo NZ Ltd discretion
We may accept or refuse orders for any reason. We will not be liable to any person if we are unable, or decline, to supply ginkgo nuts for any reason whatsoever.
Customer liable for every order
You are liable for every order made under your Login.
All amounts are stated inclusive of GST and in New Zealand dollars.
Credit card details are not stored anywhere on our servers or in our premises. Your credit card details are processed in real time by an independent payment gateway authorised by our bank, using secure encryption.
We will process your order within 1 business day following payment in cleared funds. Payment by online banking cannot be checked until the next business day.
Order Cancellation Policy
Due to the perishable nature of our products we are unable to accept cancellations or make amendments on the day of despatch. However, if you change your mind about your purchases we can amend your order up until 24 hours after the order is placed.
If you incur any outstanding debts, we will in the first instance try to recover the outstanding monies through our own internal recovery process. Should this process not recover the outstanding debts your debt will be transferred to Baycorp for collection. Baycorp fees will be added to your debt and you will be required to pay for collection costs.
PRODUCT AVAILABILITY AND QUALITY
Ginkgo NZ Ltd will endeavour to fulfil all orders placed with the Website, however when factors beyond our control prevent us providing product that you have ordered, we will offer a full refund, or with your consent, hold a credit in your account that will be credited against your next order.
We reserve the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by you for that order will be adjusted accordingly.
Fresh ginkgo nuts are a natural product with a limited shelf life and should be kept at between 2°C-8°C at all times to achieve optimum shelf life. We will not accept refund claims for product that has not been kept refrigerated after receipt.
If you are unhappy with any of our products please notify us within 2 weeks of delivery, so we can come to the best resolution for you. We will normally require photographic evidence of damaged or spoilt/quality affected product. If the issue cannot be resolved and we can't deliver a replacement item, we will credit or refund the payment for the unsatisfactory item(s).
Ginkgo NZ Ltd can only deliver to addresses within New Zealand.
Delays to delivery
Ginkgo NZ Ltd aims to dispatch product within 3 days of receiving the order, however if there are expected to be delays beyond this time, we will contact you by phone or email to arrange a new delivery time or if this is not acceptable, refund the order. If your order is not delivered due to your providing an incomplete or incorrect address, we may require payment of shipping costs to resend the order.
Incorrectly or undelivered products
If any Product delivered does not correspond with your order, you must notify Ginkgo NZ Ltd by email or phone of the incorrectly supplied product within 7 days of arrival in order to:
1. Have the balance of the correct quantity supplied
2. Arrange for the return of over supplied product to Ginkgo NZ Ltd
3. At Ginkgo NZ Ltd’s discretion, receive a refund for product not delivered by either crediting your credit card or provide for a credit on future orders.
Ownership and Risk
Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
If the performance by Ginkgo NZ Ltd of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Ginkgo NZ Ltd shall be excused from such performance to the extent of such prevention.
Variation of terms and conditions
From time to time we may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of the Website after the terms and conditions have been changed indicates your acceptance of those changes.
Ginkgo NZ Ltd reserves the right to make changes to these Terms and Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities and to meet legal or regulatory requirements). If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
New Zealand law governs the use of the Website and these terms and conditions.
"this Agreement" means the agreement made when we accept an order from you to purchase ginkgo nuts, the terms of which are set out in your order and these terms and conditions.
"Customer", "you" and "your" means you and any other person who registers under your Login.
"Dispatch Date" means, subject to these terms and conditions, the day the order is packaged and leaves with the courier.
"GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
"Intellectual Property" means all intellectual property rights of whatsoever nature.
"Ginkgo NZ" "we" and "our" means Bay Ginkgo NZ Limited, which is the seller of the ginkgo nuts and the owner of the Intellectual Property.
"Products" means the ginkgo nuts and their associated packaging and labelling and sold via the Website.
"The Website" means this internet site owned by Bay Ginkgo NZ Ltd.
"Ginkgo NZ" is a New Zealand owned business, registered under the name Bay Ginkgo NZ Ltd.