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Winter Gardenz Online Shopping Information

Important things you need to know when purchasing from our company.

Prices
All prices on this website are shown in New Zealand Dollars and include 15% GST (Goods and Services Tax).

How to order:

>> Order Online
Using our online shopping system its safe, secure and easy to order online. Payments are made with your Visa or Mastercard.

>> Phone Order
If you would prefer to place your order by phone, please call us on 0800 946 837.

>> Fax Order
If you would prefer to place your order by fax, please fill out this form and fax it to 09 838 6431.

Payment Methods

>> Direct Bank Deposit

This can be done by Internet banking online, phone banking or by making payment in person at your local bank branch. Please make payment for total amount including any freight/delivery costs. When your payment has been received we will dispatch your goods. Account details for payment via Internet banking, phone banking or branch deposit are provided by the website at the time of your order being processed.

Account Name: Winter Gardenz Ltd
Bank & Branch: KiwiBank, Westgate
Bank Account No: 38-9014-0253683-00

To ensure the prompt processing of your order and to avoid shipping delays, please include your name as reference. Payments made without a reference or incorrect information cannot be processed immediately and could potentially be delayed until payment details are clarified.
 
>> Credit Card:
Select the appropriate Card Type at the time of your order processing. At this stage we only accept payment using Visa or Mastercard. After entering your credit card details they will be encrypted and securely sent to us for processing of your order.

_Overseas requests
Currently our website only accepts orders to be shipped within New Zealand. International customers can contact us directly for any overseas or international orders. 

Security
Our site uses a secure order page for customers to place orders. We collect customers contact information (such as email addresses), delivery information (physical address) and financial information (credit card numbers) This information is used to send orders to our customers, make contact with our customers when necessary, and to bill the customer for products and services. 

We do not collect personal information without your knowledge, nor do we resell or distribute any site visitor data.

All orders are processed via a Secure Server Link (SSL) Secure mode which allows you to pass securely encrypted data over the Internet. Your order information is sent using 128 bit Encryption by PGP Security. 

What this means is that your information is 100% safe. 

You can enter your credit card number on a secure page and transmit the information over the Internet to a secure server without risk of an intermediary obtaining your credit card information. If you still feel uncomfortable about submitting your details, please contact us by phone or email so we can obtain your details another way.
 
Privacy
Winter Gardenz is committed to protecting your privacy. We treat this issue very seriously. Under no circumstances will we ever distribute, sell or rent any information about you to anyone else. 

Customer details are only ever entered into our database upon the purchase of a product, the participation of our newsletter or the request for an information pack.

No one will ever ‘spam’ you because they have obtained information about you from us. We undertake to remove any or all of your information from our database immediately upon your request. You can at anytime unsubscribe or remove yourself from any of our email newsletters or postal mailouts. 

Winter Gardenz reserves the right to retain customer purchase history in the event that it may be used for the purposes of a warranty claim.

Guarantee
Winter Gardenz offers a guarantee for all products we sell. Some products have a specified time guarantee. This guarantee is designed to protect the purchaser against faulty materials and workmanship. The guarantee commences the date of purchase and does not cover damage caused by improper care, storms or extreme weather conditions, accidents, acts of god or natural breakdown of the materials over time.

Please keep your sales dockets for guarantee purposes. Guarantees will not be honoured without proper proof of purchase. The guarantee on the item(s) only covers the original owner and is not transferable. At our own discretion, Winter Gardenz reserves the right to replace, repair or refund any item found to be defective.

In the event of damage to an item due to accident or improper care, we can arrange to have the item(s) repaired at a reasonable charge. Freight will be the responsibility of the customer. A quote including return freight will be given.

Out-of-stock items
We try to keep our inventory as up to date as possible. In the event that an item is unavailable you will be notified and given the available options. These options may include; the purchase of a different model, a different size or delivery at a later specified time or cancellation of the order. We typically do not ship part orders, if you choose to modify your order we will alter the freight charge accordingly. 

Return Policy
Winter Gardenz has a 30-day no risk return policy, however we reserve the right to deduct a restocking fee of 20%. You may return any item you purchase provided it is returned to Winter Gardenz in new condition and with the original packaging for a refund of the costs of the goods less a 20% restocking fee (this does not include freight/delivery charges). We'll notify you via e-mail or phone of your refund once we've received and processed the returned item. You can expect a refund in the same form of payment originally used for purchase within 7 business days of our receiving your return.

Please contact us prior to returning the item(s) so we can discuss the options regarding the product(s) you wish to return.

Shipping & Freight
Our aim is to process your order by the end of the day in which we receive payment confirmation. Depending on your choice of delivery method your order can take up to 14 days to arrive. In most cases however you will receive your order within 2-7 days. NB: If you are a rural delivery customer it may take an additional 1-2 days for your order to arrive.

All shipping charges are calculated at the time your order is processed. You will need to select the shipping area e.g.: Auckland Metro, Upper North Island, Lower North Island and South Island. The method of delivery service is based on the overall length, weight and actual size of your order. All items under 1.5 metres in length will typically be sent via Courier (ie, shelving and accessories). Items 1.5 metres long and over (e.g Greenhouses) will be sent via Mainfreight Ltd.

Winter Gardenz Terms and Conditions

'The seller' refers to Winter Gardenz Limited, ‘The buyer' refers to any legal entity purchasing from the seller.

General
Where the seller accepts the buyer’s order these conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular: Any condition contained in the buyer’s order, which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller. Any condition contained in the buyer’s order, which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller. Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price. Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.

Delivery
The seller reserves the right to dispatch the buyer’s order in one delivery or by instalments. Where the seller accepts an order which provides for delivery by instalments, the seller shall be entitled to payment for each instalment delivered (as if it were a separate contract) but failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any remaining instalments. Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation. The seller will select the method of delivery and reserves the right to charge the cost of delivery to the buyer. Where the buyer requests another method of delivery and the seller agrees in writing then the buyer shall meet the cost of that delivery.

Shortages, Damages or Loss in Transit
Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim. Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner: (a) Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received. (b) Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly. (c) Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition. No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.

Return of Goods for Credit
Goods supplied in accordance with the buyer’s order can only be returned with the express approval of the seller.
(a) Requests to return goods must be submitted within 30 days from the date of supply and the original invoice number must be quoted. (b) Where goods are accepted for credit they must be delivered at the buyer’s expense into the seller’s store from when they were purchased in original condition and packaging. (c) The seller reserves the right to levy a restocking fee against any returns they may agree to accept. Such fees may be up to 20% of the invoiced price and levied at the seller’s absolute discretion.

Seller's Liability and Maintenance Guarantee
The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and the seller is under no liability if they are not. The buyer is entitled to only such benefits as the seller may receive under any guarantee given to the seller by the manufacturer of the goods. In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 12 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. The seller shall not be liable for consequential or special damages under any circumstances. At the termination of the appropriate period all liability on the seller’s part ceases.
The warranty does not cover damage from misuse, accident, neglect or improper operation, extreme weather conditions, maintenance, installation, modification or adjustment. The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.

Property and Risk
Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by the seller or by the source to the buyer or his agent or to a carrier for delivery to the buyer. Ownership of all goods sold by the seller (“the goods”) is retained by the seller until full payment is received for all amounts owing in respect of all goods supplied. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment. Until such payment is made the buyer shall be only a fiduciary owner of the goods and the buyer agrees to: (a) Enable the goods to be readily identifiable as the property of the seller. (b) Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller. (c) On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale. Prior to the buyer acquiring property in any goods the seller may at any time directly or by its agents or servants enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed then: (a) The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and, (b) The buyer will reimburse, indemnify and hold harmless the seller, its employees and agents in respect of any costs, expenses, loss or damage (including such to any third parties) in respect of the exercise or attempted exercise of the seller’s remedies and, (c) The seller may cancel any or all contracts with the buyer and the seller will not be liable to the buyer therefore, and, (d) All moneys owing by the buyer to the seller on any account whatsoever shall become immediately due and payable, and, (e) The value of such goods seized shall be assessed as the lesser of current market value of the invoice value at the time of sale and may be subject to a restocking fee as for Return of Goods for Credit above.

Errors or Omissions
Clerical errors or omissions, whether in computation or otherwise in any quotation acknowledgements or invoice, shall be subject to correction.

Description of Products
Modifications and improvements to the seller’s products are constantly being made. Descriptions, illustrations and literature are therefore not binding on the seller.

Force Majeure
The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour disrepute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller’s control.

Compliance
The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.

Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“the Act”) then; Where the buyer is acquiring the product for the purpose of business then the Act shall not apply. In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall any way limit or purport to limit the purchaser’s rights under the Act.

Personal Property Securities Act 1999
Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that: (a) These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and (b) A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the parties relationship; The buyer undertakes to: (a) sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register; (b) indemnify, and upon demand reimburse, the seller for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby; (c) not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the seller; (d) give the seller not less than 14 days prior written notice of any proposed change in the buyer's name and/or any other change in the buyer's details (including but not limited to, changes in the buyer's address, facsimile number, or business practice); and (e) immediately advise the seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales. • Unless otherwise agreed to in writing by the seller, the buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA

Disputes and Proper Law
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act (1996). The contract and these conditions of sale shall be governed by New Zealand Law.