Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by Just Because Flowers Ltd ("Just Because", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.justbecause.co.nz ("the website"). They are effective from 20 September 2015 and will replace all earlier Just Because Flowers Ltd 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 of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

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.

Availability and supply

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 you and arrange a suitable substitute.

Delivery and delivery charges

Prices for our daily bunches stated on our website are inclusive of any applicable delivery charges.

Currently, we only deliver to Porirua and Wellington street addresses.

We will use all reasonable endeavours to ensure that orders for flowers placed before 1pm each weekday will be delivered before 6pm that day.

Orders placed after 1pm will be delivered by 6pm the following weekday, (excluding public holidays).

Pricing

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

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Standing Orders

A Standing Order can be set up to receive flowers on a regular basis.

Standing Orders can be set up by email at info@justbecause.co.nz

A Standing Order can be set up for any length of time with a minimum delivery period of one month.

The chosen bunch will be delivered on your preferred weekday but excludes public holidays. If your preferred delivery day falls on a public holiday, it will be delivered on the next weekday unless advised otherwise by you.

Standing Order payments can be made monthly in advance by either Internet banking or Automatic Payment.

If you would like to cancel your Standing Order, we would appreciate one week's notice. Please contact us on info@justbecause.co.nz.

Payment options

We accept the following credit cards:

Visa and MasterCard.

We also accept payment using Internet banking.

For the Standing Order service, payment by Internet banking and Direct Debit is available. Please contact us on info@justbecause.co.nz to arrange this.

The name that will appear on your statement will be "Just Because"

Credit Card Security

Just Because uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian and New Zealand merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within eWAY's bank-grade data centre, further protecting your credit card data.
- eWAY is an authorised third party processor for all the major Australian and New Zealand banks.
- eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by.

Shipping and delivery

Delivery costs are included for all orders placed via the website or by phone.

Deliveries are made each weekday, but exclude public holidays.

All orders received before 1pm each weekday will be delivered by 6pm that day.

Orders placed after 1pm will be delivered by 6pm the following weekday, (excluding public holidays).


Returns

Just Because is committed to ensuring that you as the customer are completely satisfied with your purchase.We make every effort to ensure our bunches are as fresh as possible when you receive them.

If you are unhappy with the quality of your bunch, please contact us immediately so we can resolve any issues to your satisfaction by either a full refund or replacement bunch.

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 or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services 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 the country or countries where your business or organisation is based.

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 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.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

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.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

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.justbecause.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.

 

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