Terms & Conditions

These Terms and Conditions (“Terms”) apply to the use of the BERRY AND LEAF website (“Website”) owned by BERRY AND LEAF Limited trading as BERRY AND LEAF and referred to as “BERRY AND LEAF”, “we”, “us” and “our”.

By accessing and using this Website you acknowledge that you have read, understood and agree to accept these Terms and our Privacy Policy. BERRY AND LEAF reserves the right to change these Terms at any time, without notice by posting changes on the Website. Unless stated otherwise, any change will takes effect immediately. You will be bound by any such modification or revisions from the time they are made. To make a purchase from our online shop you must be 18 years of age or older. If you are purchasing on behalf of another entity such as a company you warrant that you have the authorisation to agree to these terms and conditions on behalf of that entity.

These Terms were last updated on 11th  October 2023.

Availability and supply

1. All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

1. Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
2. We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary shown in your online shopping basket.
3. We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
4. We do not deliver to Chatham Island, Stuart Island, or Great Barrier Island.

Pricing

1. All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax (“GST”) unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
2. An invoice will be emailed to you at the email address you supply when you place your order on our website or at our store. You are responsible for ensuring that your contact details are correct.
3. We do our best to ensure that the prices on our website are correct, however in the case of a genuine pricing error on our behalf we reserve the right to cancel the order.

Shipping and delivery

1. It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
2. It is your responsibility to inform us if an order does not arrive. Once we learn an order has not arrived, we will follow up on this matter as soon as possible.
3. We will not be held liable for any loss or damage resulting from late delivery.
4. If an item is lost in transit, we will endeavour to dispatch a replacement as soon as possible.
5. Replacement items will be dispatched at our discretion. We are unable give a guaranteed time or day of delivery.
6. Without limiting the operation of any other Terms & Conditions herein:
   1. We will not accept liability for any loss or damage arising from a late delivery.
   2. You agree that late delivery does not constitute a failure of our agreement and does not entitle you to cancellation of an order.
   3. We will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
7. Orders will not be dispatched until payment in full is received.
8. If you need to cancel an order, please contact us immediately on +64220519206 or email us on contact@berryandleaf.co.nz within 120 minutes of making your order. BERRY AND LEAF cannot accept cancellation requests that we receive after 120 minutes of making your order.
9. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed.
10. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
11. If the Purchaser purchases a product or parts by way of special order i.e bulk or corporate order, the Purchaser may not cancel this order at any time.

Defects

1. The Purchaser shall inspect the Product on receipt and shall and shall within seven (7) calendar days of receipt notify us in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description of the Product. Failing such notice the Product shall be conclusively deemed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Product.

Return

1. We do not accept returns on food and beverage products. Return on merchandise be considered subject to reasonable evidence from the purchaser proving defect or damage. BERRY AND LEAF at our discretion consider refund or replacement or return.
2. BERRY AND LEAF may (in its discretion) accept the Product for credit for the purchase price of the returned Product plus any freight which shall be tendered by the Purchaser to BERRY AND LEAF on return of the Product.
3. Where there has been a breach by BERRY AND LEAF of any warranty conferred by law in respect of the Product BERRY AND LEAF will (if requested to do so by the Purchaser) and subject to BERRY AND LEAF regarding the request appropriate, accept return of the Product upon mutually agreeable terms and under this condition BERRY AND LEAF’s liability to the Purchaser is limited at BERRY AND LEAF’s discretion to either:
   1. replacing the Product with equivalent goods; or
   2. paying or crediting the Purchaser the cost of acquiring equivalent goods.
4. Usually when you buy a product or service, the sale is final unless the item breaches a guarantee under the Consumer Guarantees Act. The retailer doesn’t have to give you a refund or exchange if:
   1. you change your mind.
   2. your circumstances change.
   3. you find cheaper products elsewhere.
5. Unfortunately, due to safety and hygiene reasons, we are unable to accept ‘change of mind’ returns of food items & merchandise.
6. Refunds for returns shall be repaid in the same method by which the transaction was paid from.

Warranties

1. This clause 7.2 shall apply where the Purchaser is a consumer under the CGA and subject to the Purchaser’s rights and remedies contained in the CGA if as the result of some fault on the part of BERRY AND LEAF the Product is defective in that:
   1. it is not of acceptable quality; or
   2. it is not reasonably fit for any particular communicated purpose where the Purchaser has reasonably relied on BERRY AND LEAF’s skill or judgment then, the Purchaser must notify BERRY AND LEAF within seven (7) calendar days of when such defect was discovered or ought to have been discovered and, where possible return the goods to BERRY AND LEAF when:
      1. If appropriate, BERRY AND LEAF will (at its sole discretion and subject to clause 7.2.2.2 below) remedy the defect by way of repair, replacement or (if necessary) refund;
      2. Where the defect cannot be remedied or is of substantial character (as defined in the CGA) BERRY AND LEAF will refund the Purchaser’s money or replace the Product, or compensate the Purchaser (in the case of a sale).
2. With the exception of the relevant statutory warranties contained in the CGA, no warranty or condition shall be implied against BERRY AND LEAF by any other statute, at common law or otherwise.

Seller’s liability

1. In the event of any breach of this contract by BERRY AND LEAF the remedies of the Purchaser shall be limited to damages which shall not exceed the Price of the Product.
2. BERRY AND LEAF shall be under no liability whatever to the Purchaser for any indirect loss and/or expense (including loss of profit) suffered by the Purchaser arising out of a breach by BERRY AND LEAF of this Agreement.
3. All warranties and conditions whether implied by statute or otherwise are excluded from this Agreement provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the gross negligence of BERRY AND LEAF (provided there is full proof of gross negligence on behalf of BERRY AND LEAF) or affect the statutory rights of a Purchaser dealing as consumer.
4. The Purchaser hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made by any servant or agent of BERRY AND LEAF and the Purchaser acknowledges that they buy the Product relying solely upon their own skill and judgement and that BERRY AND LEAF shall not be bound by nor responsible for any term, condition or representation.

Privacy

1. We understand the importance of, and are committed to protecting your privacy. We operate in accordance with the Privacy Act 2020.
2. We recognise that your personal information is important to you and we take all reasonable steps to protect the privacy of the personal information that we collect, use and disclose, provide access to and store securely.

Privacy Act

1. The Purchaser authorises BERRY AND LEAF to:
   1. collect, retain and use any information about the Purchaser, for the purpose of assessing the Purchaser’s creditworthiness or marketing products and services; and
   2. to disclose information about the Purchaser, whether collected by BERRY AND LEAF from the Purchaser directly or obtained by BERRY AND LEAF from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Purchaser.
2. Where the Purchaser is a natural person the authorities under (clause 10.1) are authorities or consents for the purposes of the Privacy Act 1993.
3. The Purchaser shall have the right upon written request to receive from BERRY AND LEAF a copy of the information about the Purchaser retained by BERRY AND LEAF and to have BERRY AND LEAF correct any incorrect information about the Purchaser held by BERRY AND LEAF.

Cookies

1. We may collect technical information whenever you access or use this Website or our social media pages. This may include information about the way you arrive at, browse through and interact with this Website or our social media pages. We may collect this type of technical information through the use of cookies, digital tracking tools and other means. Cookies are pieces of digital identification code that we transfer to your device, to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. We use the technical information we collect to have a better understanding of the way people use our website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.

Information & Content

1. The content of this Website is obtained from various sources and is subject to change without notice. BERRY AND LEAF does not guarantee the content of this Website is accurate, complete or reliable.
2. Reasonable effort is made to ensure that the information contained on this Website is accurate and we endeavour to update information as soon as practicable when we become aware of any inaccuracies, errors or omissions. 

Software & Security

1. This Website is provided as a complimentary service ‘as is’ and ‘as available’ without any warranties, express or implied. BERRY AND LEAF does not give any warranty that this Website will be available at all times or will be free from interruption or error.
2. This Website is unencrypted and there are security, privacy, data and confidentiality risks inherent in accessing or using unencrypted websites.
3. BERRY AND LEAF is not responsible for any technical or other issues that may arise as a result of use of this Website including but not limited to any loss, disruptions or damage to your data or computer system which occurs whilst using material from this Website.

Links

1. This Website may contain links (including hypertext links) that lead to external third party websites. These links are provided for your convenience and do not imply any endorsement or approval of the linked website, content or operator. BERRY AND LEAF is not responsible for any content outside this Website.

Limitations On Use & Sharing

1. We own, or have right to use the material and information on this Website, including but not limited to our names, logos, designs, floorplans, content, photography and all interfaces. These materials may not be used by you without our written consent.
2. You are welcome to share this Website from your social channels or website. However, such sharing must not be presented in any way that implies that your social channel or website has any association with this Website or BERRY AND LEAF. If you share this Website you are responsible for all direct or indirect consequences of doing so. You indemnify us for all loss we suffer arising from or in connection with your sharing of this Website.

Limitation Of Liability

1. Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
2. BERRY AND LEAF will not be liable for any loss or damage suffered as a result of using this Website or arising from any inaccuracies, errors, or omissions in information made available through this Website. Any reliance upon the material on this Website will be at your own risk.
3. To the extent permitted by law, BERRY AND LEAF, and its employees and agents, exclude any liability they may have to you arising directly or indirectly out of, or in connection with this Website, or its links to third party websites. This exclusion applies to any losses, costs or damages you may claim for (including but not limited to indirect or consequential loss) and however the liability arises, or might arise if it were not for this exclusion.

Jurisdiction

1. The use of this Website is subject to the laws and regulations of New Zealand. These Terms will be governed by and construed in accordance with New Zealand law.

General Conditions

1. If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
2. If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
3. Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
4. We may deliver notices to you by sending them to an email address that you have notified to us.