Acceptance of terms

These terms and conditions govern all supply of goods (“Plants”) and services by Kingsley Plants ( "we, "us") to you, the purchaser of goods (“Plants) and services including your use of our website at www.kingsleyplants.co.nz

These terms are effective from 27th July 2023 and will replace all earlier terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms at any time. Notice may be given by posting the revised terms and conditions on our website. It is your responsibilty to stay familiar with our relevant terms and conditions.

Purchases from our online shop may only be made by persons who are acquiring goods (plants) for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise) without prior permission.

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

You are not permitted to use any plant descriptions that are on our website in any shape or form without prior permission to do so.

Availability and supply

All orders are subject to availability. Stock levels and product lines change frequently. All orders are subject to the availability of those products or services. If for any reason a plant is not available, we will endeavour to notify the non-availability on our online shop as soon as possible.

If for any reason we are unable to provide a plant or plants to you after you have made a purchase we will endeavour to communicate with you as soon as possible to offer a suitable remedy. We take all possible steps to prevent this from occurring but on occasion it does. Sometimes there may be a wait on plants that you have paid for due to adverse weather conditions, overselling or miscounting of stock. We will always communicate openly any changes with you and offer solutions and amendments to your order.

Delivery, delivery charges and pick up

Prices for plants on our website are EXCLUSIVE of any applicable delivery charges.

We reserve the right to choose the courier we deem the best fit for the delivery of your parcel.

We only ship to addresses on the mainland of the North Island in New Zealand. We do not ship to any offshore islands, including Waiheke Island, Great barrier Island or The Chatham Islands. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary at the check out.

 

All plants are packaged securely using recycled materials such as newspaper, cardboard or similar and we often use secondhand boxes. We use tape to secure our plants inside the boxes. All parcels are sent on tracked services and are left under an ‘ATL’ (Authority to Leave)

We assume no responsibility if a parcel is removed, stolen or otherwise from the delivery address without your knowledge or consent.

We assume no responsibility for any damage that may occur during transit. It is your responsibility to find out information regarding your parcel(s) while it is in transit. If something does go wrong during the couriering process, it is your responsibility to find an amenable solution with Courierit. We will not be held liable nor the expectation be on us to remedy any issue caused by the courier company and/or driver.

 

It Is your responsibility as the purchaser to provide correct shipping information (including but not limited to any information that is useful to the courier driver to know for successful delivery eg leave parcel behind the front gate) to ensure timely and safe delivery of your plants. Failure to do so may result in the courier deeming your parcel as undeliverable and/or incorrectly delivered. We are under no obligation to replace, refund or offer any remedy if you have failed to provide us with correct corresponding information to complete the freighting process. 

 

All parcels are sent with tracking numbers and you will be emailed of your parcel(s) movements as it moves through the delivery process.

Freight is calculated according to weight, volume and number of plants per order as outlined below.

Shipping Prices (including gst): Shipping is calculated once the customer has entered their shipping details and chosen the rate that is applicable to their chosen delivery address. Prices are subject to change without warning.

North Island 1-6 plants $10

North Island 7-12 plants $16

North Island 13+ plants (under the minimum spend for free shipping) $22

Free shipping on orders $130 and over. 

North Island mainland only, no offshore islands including Waiheke. No South Island addresses.

We reserve the right to run and promote free shipping offers from time to time. These will only ever be applicable to mainland North Island. No offshore islands.

You (the customer) assume all risk when you agree to have your plants shipped to you. You understand there is reasonable risk of damage occurring while plants are in transit and you assume this risk knowingly.

We have no control over the delivery process itself, once they leave our premise they are in the care of the courier companies. 

 

Once your order has been shipped you will receive a confirmation of shipping email.. You can collect your parcel of plants onsite if you select “PICK UP” at the check out when finalising your purchase. Pick up orders are ready within two full business days. Pick up instructions are given once the order and payment has been finalised.

Pricing

All prices are in New Zealand Dollars and are EXCLUSIVE of any Goods and Services Tax ("GST") and are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

We reserve the right to run sales, promotions and utilise discount coupons.

Payment options

Payment can be made using a credit or debit card via "Stripe”.

Returns

"We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy but all plants leave the nursery in good condition and we will not take responsibility for plants that have failed to survive as there are many factors that influence a plants survival outside of our influence.

Liability Limitation

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.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods provided to you by us and irrespective of the location where you reside.

Use of our website, supply of plants by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of New Zealand.

Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may on occasion as our follow up policy send you communications to check to see how your plants are. This is not as way of increasing sales or promoting our business but to ensure the plants are performing as expected and give you opportunity to notify us of any issues you may have been experiencing.

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.kingsleyplants.co.nz

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.

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.

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.

We may deliver notices to you by sending them to an email address that you have notified to us.