WILD FERNS – ONLINE TERMS AND CONDITIONS OF SERVICE

The use of this Website Platform is subject to these Terms and Conditions (inclusive of Our Standard Terms and conditions for the supply of Goods, Privacy Policy, any other documents referred to herein) of Parrs Products Limited which constitutes the full Agreement between You and Us.

Please read these Terms and Conditions carefully before You use this Website Platform.

By using the Platform, You have read, accepted and agreed to be bound by these Terms and Conditions.

If You do not agree with these Terms and Conditions, You should cease using the Website Platform immediately.

1. Definitions

1.1 “Agreement” means the Terms and Conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Agreement.

1.2 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Our information and pricing details.

1.3 "Personal Information" means any information that identifies or can be used to identify You, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.

1.4 “Prohibited Content” means any content on any advertising media that:

(a) is, or could reasonably be considered to be, in breach of the Broadcasting Act 1989; the Fair Trading Act 1986, the Consumer Guarantees Act 1993; or any other applicable law or applicable industry code; or
(b) contains, or could reasonably be considered to contain, any misrepresentations; or is, or could reasonably be considered to be, misleading or deceptive, likely to mislead or deceive or otherwise unlawful; or
(c) is, or could reasonably be considered to be, in breach of any person’s Intellectual Property Rights (including, but not limited to, the distribution of digital files or any other material in which We do not own the copyright).

1.5 “Goods” shall mean all Goods that may be purchased or sold through this Website to be supplied and/or provided by the Us to You, as specified on Our Website.

1.6 “You”, “Your” or “Yourself” means any person/s (end-user) being of the legal age of eighteen (18) years.

1.7 “We”, “Us”, “Our” or “Ourselves” means Parrs Products Limited, its successors and assigns or any person acting on behalf of and with the authority of Parrs Products Limited.

1.8 “Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.

2. Acceptance

2.1 We reserve the right to change any of the Terms and Conditions displayed on this Website (including our Privacy Policy and Our Cookies Policy) at any time by notifying You through this Website that We have done so. By continuing to use this Website it shall be deemed that You agree to be bound by the amended Terms and Conditions as notified and posted on the Website.

2.2 If You intend to transact through this Website (i.e purchase Goods then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You and once an order is placed and accepted by Us these Terms and Conditions are deemed to be accepted by You by electronic acceptance via this Website.

2.3 These Terms and Conditions form the basis of the Agreement between Us and You for the sole purpose of purchase of Goods (personal use only), unless it is agreed between You and Us that this Agreement is subject to a commercial transaction.

2.4 If You are acquiring Goods for the purposes of a trade or business, You acknowledge that the provisions of the Consumer Guarantees Act 1993 (“CGA”) do not apply to the supply of Goods by Us to You.

2.5 If You have provided Us with an email address for communication purposes We will fully comply with all requirements under the Unsolicited Electronic Messages Act 2007. It is important that You maintain Your correct information on Your profile (i.e. email addresses etc) so that You do not miss out on any of Our important notices.

2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3. On-Line Ordering and Continuous Service

3.1 You acknowledge and agree that:

(a) We do not guarantee the Website’s performance;
(b) display on the Website does not guarantee the availability of any particular Products; therefore, all orders placed through the Website shall be subject to confirmation of acceptance by Us;
(c) online ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades. Where able We shall give You advanced warning of the same;
(d) there are inherent hazards in electronic distribution, and as such We cannot warrant against delays or errors in transmitting data between You and Us including orders, and You agree that to the maximum extent permitted by law, We will not be liable for Website downtime whether scheduled or otherwise that results in online access not being available and/or for delays or errors in transmitting information and Your responses;
(e) if You are not the cardholder for any credit card being used to pay for the Products, We shall be entitled to reasonably assume that You have received permission from the cardholder for use of the credit card for the transaction.

3.2 We reserve the right to terminate Your order if it is learnt that You have provided false or misleading information (including but not limited to, where You are to resell the Goods for commercial purposes without prior arrangement), interfered with other users or the administration of Our business, or violated these Terms and Conditions.

3.3 All orders for purchase of Goods from Us will only be approved via this Website and a confirmation email will be issued to You once the order is received and processed in Our system.

3.4 Any transactions processed through this Website shall be New Zealand dollars ($NZ) unless otherwise specified.

4. Credit Card Information

4.1 We will:

(a) Keep Your personal details, including credit card details for only as long as is deemed necessary by Us;
(b) Not disclose Your credit card details to any third party;
(c) Not unnecessarily disclose any of Your personal information, except in accordance with the Privacy Policy (clause 14) or where required by law.

4.2 You expressly agree that, if pursuant to this Agreement, there are:

(a) Any unpaid charges;
(b) Other amounts due and outstanding by You;
(c) Any Goods (or any part of them) supplied that are lost or damaged, You allow Us the right to collect the full value of the Goods as displayed on Our Website Goods page, unless subject to an insurance claim; or
(d) Any other additional Price due from You which were not known at the time of the return of the Goods, then You grant us the right to immediately charge Your nominated credit card for these amounts, and We are irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer any and all amounts which may be due by You pursuant to the terms of this Agreement.

5. Compliance with Laws

5.1 You represent and warrant that Your use of this Website will comply with all applicable laws and regulations (including but not limited to, EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”) and the New Zealand Privacy Policy Act 2020 (including Part II of the OECD Guidelines and as set out in Schedule 8 of the Act) or any other applicable laws.

6. Privacy Policy

Storing Personal Information

6.1 We will take all reasonable steps to ensure that any personal information held by Us is accurate up-to date, complete, applicable, is not misleading and will only be used for the purposes stated in this Privacy Policy. We will maintain security safeguards to protect the information and will take all reasonable steps to ensure that the information is not disclosed to any unauthorised person or entity.

Securing Information

6.2 When making a transaction through this Website personal information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the information cannot be read by or altered by outside influences.

Information We Collect

6.3 When You request Goods We may collect personal information supplied by You when You complete an online form in order to facilitate the purchase of Goods. Such information will enable Us to process Your transactions efficiently and analyse Our Website Services and enable Us to provide a higher level of customer service (which may include informative or promotional activities).

6.4 We may also collect the following information/tracking data for statistical purposes and to help Us understand how to make Our Website more available and user friendly for You and to measure the success of any advertising activities We may undertake:

(a) Your IP address.
(b) the date and time of You visit to our Website.
(c) You click and activate on this site.
(d) the referring site if any through which You clicked through to this site.
(e) technical information on Your browser, device and operating systems;
(f) any input into Our Website.

Information We Release

6.5 We will only release information about You as authorised by You, required by law or where required in order for us to provide Goods to You e.g to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose. We will not release Your information for any purpose which You could reasonably expect Us not to release the information.

6.6 Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your personal information will only be disclosed to those employees within Our organisation who have a need to know in order to ensure You are provided with information about our Goods or to request Goods through this Website.

6.7 Under the Privacy Act legislation You can ask to see any information We may hold about You and You also have the right to have any inaccuracies in the same corrected by Us. We will comply with any such requests to the extent required by the Privacy Act legislation within thirty (30) days of the receipt of Your request.

Other Data Protection Rights

6.8 You may have the following data protection rights:

(a) to access, correct, update or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete and up to date.
(b) in addition, individuals who are residents of the European Economic Area “EEA” can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting Us using the contact details provided in the "Questions and Concerns" section below.
(c) similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Personal Information conducted in reliance on lawful processing grounds other than consent.
(d) the right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

Questions & Concerns

If You have any questions or comments, or if You have a concern about the way in which We have handled any privacy matter, please use Our contact form via this Website to send Us a message. You may also contact Us by postal mail or email at: accounts@parrs.co.nz.

For EEA Residents:

For the purposes of EU data protection legislation, the Privacy Officer is the Data Protection Officer (DPO) of Your Personal Information. Our Data Protection Officer can be contacted at: accounts@parrs.co.nz.

For Non-EEA Residents:

Attention: Privacy Officer
accounts@parrs.co.nz

Postal Address: PO Box 151237
New Lynn
AUCKLAND 0640

7. Cookies

7.1 Our Website uses a technology called cookies (a small element of data that Our Website may send to Your computer) that may be used to provide You with specific information for the purpose of Us tracking site usage and traffic. These cookies do not read Your hard drive but may be stored on Your hard drive to enable Our Website to recognise You when You return to the same.

8. Mailing Lists

8.1 If at any time You are on Our mailing list, You may request to be removed from the same and We will comply with Your request if there is no unsubscribe button provided then please contact Us with Your request using the “Contact Us” section of this Website.

9. Returns, Damaged or Defective Goods

9.1 Our policy in relation to Returns, Damaged or Defective Goods shall be as specified in Our standard Terms and Conditions for the supply of Goods. We shall not accept returns for change of mind or if You make a wrong decision unless due to our negligence or incorrect information supplied by Ourselves.

10. Copyright and Trademarks

10.1 The contents of this Website are at all times the copyright or trademark property of either Ourselves, our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, our suppliers or linked third parties (each as applicable). Furthermore You agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply with clause.

11. Advertisers and Linked Sites

11.1 The display on Our Website of any advertiser or the provision of a link to third party Websites does not constitute Our endorsement of either the advertiser or third party provider or any of their Website content or business practices. As We do not have any control of the content of any third party Websites, access to such Websites is at Your sole risk and We recommend that You thoroughly review the Terms and Conditions of use and the Privacy policies of any third party Website immediately You access such a site.

11.2 We shall accept no liability in regards to any dealings, promotions or activities between You and advertisers or third party providers.

12. Specifications and Information

12.1 Specifications and information provided on this Website are given in good faith based on Our knowledge, experience, or information provided to Us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by Us, therefore it is recommended if You have any concerns as to the suitability of Goods provided through this Website in respect of the use of the Goods or their suitability for a particular use that You contact Us or seek external professional opinion.

12.2 You acknowledge and accept that colours of items displayed on the Website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to Us for use, or the quality, age or settings on Your monitor. If colour is a major factor in Your decision making We recommend You contact Us before purchase.

13. Termination of Use of the Website

13.1 These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).

14. Jurisdiction

14.1 This Website (excluding any linked third party sites) is controlled by Us from Our principal business premises in New Zealand. Our servers are located in New Zealand so Your information may be transferred to, stored, or processed in New Zealand. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from New Zealand, by accessing this Website, You agree that the laws and statutes of New Zealand shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or Your use of this Website, irrespective of any conflict with any laws and statutes applicable to Your country of domicile.

14.2 In addition, We or Our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside New Zealand. It is not practicable for Us to specify in advance which country will have jurisdiction over this type of offshore activity. All of Our subcontractors, however, are required to comply with the New Zealand Privacy Act in relation to the transfer or storage of Personal Information overseas.

14.3 You further acknowledge and agree that the filing of a claim against Us (if any) must be made in New Zealand in which Our principal business premises in New Zealand is domiciled, and that any legal proceedings will be conducted in English.

14.4 We make no representation that Goods offered through this Website are appropriate, available or suitable for use in countries outside of New Zealand, and accessing any material or content from, or through, this Website which is illegal in Your country of domicile is strictly prohibited.

15. General

15.1 The failure by either contracting party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

15.2 We shall be under no liability whatsoever to You for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us of these terms and conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).

Message Boards

15.3 We provide Message Boards for the use of Our Website users. The Message Boards may not be used to promote Websites or any commercial or business activity. We are not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board You agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

Feedback

15.4 Feedback is provided for the purpose of facilitating trading by You on Our Website. Feedback provided on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. We may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate.

15.5 You may only give feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.

15.6 You must not post feedback about Yourself or include any contact details or Personal Information in Your feedback.