Last update: 24/12/2022
- Updated link to Stripe's End User T&Cs

These Terms & conditions are for our Website & Online Shop at www.pansyboys.nz.

Acceptance of terms

These terms and conditions govern all supply of goods and services ("Product/s", "Service/s") by Pansy Boys Plant Co. ("Pansy Boys Ltd", "we'', "us") to you, the purchaser of goods and services from us, including your use of our website at www.pansyboys.nz ("Website"). They are effective from 18 July 2022 and will replace all earlier Pansy Boys 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.

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

By continuing to use this website and/or purchase from us, we deem you to have agreed to these Terms & Conditions.

Using our website

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or our Intellectual Property, use of the Website, or access to the Website or any contact on the Website, without express written permission by us. This includes but is not limited to images, articles, product descriptions, and care instructions.

A breach or violation of any of the Terms will result in an immediate termination of your Account and refusal to serve you in the future.

Applicable Law and Jurisdiction

All Terms of Service, Agreements and Policies on our Website shall be governed by and construed in accordance with the laws of New Zealand.

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 our 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.

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 the non-availability on our online shop. We reserve the right to cancel and refund a sale or offer an alternative if an ordered product is out of stock.

Pricing

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.

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.

We strive to keep pricing on the Website up to date but sometimes errors occur. We reserve the right to cancel a sale if pricing is inaccurate. Please refer to the Errors, Inaccuracies and Omissions section of these Terms and Conditions.

Prices for our products are exclusive of any shipping/delivery fees - these will be added at the checkout. Prices and shipping rates are subject to change without notice.

We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.

Payment options & security

We accept the following payment methods:

Credit / Debit card (Visa, MasterCard)

Minimum purchase amount of $0.50 applies. Payment options are subject to change without notice.

All payments are processed via Stripe's secure payments system to ensure high levels of payment security and are subject to Stripe's terms and conditions ( https://stripe.com/nz/legal/end-users) and privacy policy (https://stripe.com/privacy).

Payment is only made through the secure facility on our website. We will never ask you directly for passwords, PIN codes, or other sensitive information. If you receive this type of communication or any communication from us that you doubt is authentic, please contact us directly via enquiries@pansyboys.nz.

Gift Vouchers and Coupon Codes

Gift Vouchers and Coupon Codes can be used as payment by making a purchase on our Website and entering the Code in the Coupon Code box at the checkout.

The use of any Pansy Boys Gift Voucher or Coupon Code is subject to these terms and conditions available on our website at https://www.pansyboys.nz/shop/terms. These terms and conditions apply to Pansy Boys Gift Vouchers (Gift Voucher/s) and Coupon Codes (Code/s) and they apply to the purchaser and, if transferred, any person who then uses them.

The purchase and/or use of any Gift Voucher or Coupon Code issued by Pansy Boys Ltd constitutes your acceptance of these terms and conditions. If you allow another person to use or take possession of your Gift Voucher or Coupon Code, you must inform that person that they will be bound by these terms and conditions.

All dollar values are in New Zealand Dollars.

Gift Vouchers

Gift Vouchers may only be used to purchase products and services on our Website.

Gift Vouchers are redeemable for the dollar amount, product/s, or product range printed on the Voucher and cannot be returned, cancelled, refunded or redeemed for cash after purchase.

All Gift Vouchers will expire on the date marked on the Voucher (usually 6 months following the date of purchase) (Gift Voucher Expiry Date). Pansy Boys Ltd may, at its discretion, extend the expiry period of any Gift Voucher, or issue a new Gift Voucher in place of one that is due to expire.

Unused and unclaimed value remaining on the Gift Voucher at the Gift Voucher Expiry Date will not be refunded and will become the property of Pansy Boys Ltd. No refunds will be provided by Pansy Boys Ltd for the monetary value on the Gift Voucher.

Pansy Boys Ltd reserves the right to refuse, cancel or hold Gift Vouchers for suspected fraud, for Codes mistakenly issued in an incorrect denomination or for other violations of these terms and conditions.

Coupon Codes

Coupon Codes may only be used to purchase products and services on our Website and are valued at the dollar amount or percentage advised in the relevant promotion or legitimate communication from Pansy Boys Ltd.

Coupon Codes cannot be exchanged, refunded, redeemed for cash, or cancelled by the customer after issue. We may cancel Codes in accordance with these terms and conditions.

All Coupon Codes will expire in accordance with the expiration terms that apply to that Code at the time it is issued. No refunds will be provided by Pansy Boys Ltd for the monetary value of the Code if it expires prior to use. Pansy Boys Ltd may, at its discretion, extend the expiry period of any Code, or issue a new Code in place of one that is due to expire.

Pansy Boys Ltd reserves the right to refuse, cancel or hold Codes for suspected fraud, for Codes mistakenly issued in an incorrect denomination or for other violations of these terms and conditions.

Cancellation of Gift Vouchers and Codes

Pansy Boys Ltd reserves the right to refuse or cancel (as appropriate) any Gift Voucher or Coupon Code:

1. if the Gift Voucher or Code has been mistakenly issued in an incorrect denomination;

2. for any violations of any of our terms and conditions;

3. or if we have reason to believe the Voucher or Code is or has been used fraudulently.

Shipping and collection

Delivery Addresses

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 during the checkout process. Please Note: we can not deliver to PO Boxes.

Delivery Charges

Our delivery fees are calculated depending on the destination, weight and/or physical size of your order. Delivery fees will be specified once you have entered your shipping details and before order confirmation. You will receive a confirmation email once purchased.

Dispatch & Delivery Times

We dispatch orders containing plants on Mondays or Tuesdays each week. This is to minimise the chance of your order being delayed at a courier depot over the weekend. If your plant order is placed by 11:59pm Friday, we will dispatch on the following Monday or Tuesday. Orders placed Sunday will be dispatched the week after.

Orders not containing living plants will be dispatched within 3 business days.

These dispatch times are for products in stock. If products are not in stock, pre-ordered, or back-ordered, dispatch times will vary and we will endeavour to keep you updated on your order status.

Under normal conditions North Island orders may take up to 3 business days and South Island orders may take up to 5 business days to arrive. If for a rural address please add an extra day.

Shipping Delays

Please be aware that shipping delays happen around Christmas/New Years, Public Holidays, and due to many factors outside our control including weather and industrial action. If we are aware of any significant shipping delays, we will endeavour to notify you via a notice on our website or by email.

If shipping delays, adverse weather conditions or other conditions are substantial enough to risk the survival of your plant, we may choose to delay shipping until such time as the risks have reduced. In this case we will notify you via your supplied email address. You have the option to override this decision at your own risk, meaning we will not be held liable if your plant suffers damage or dies due to the extra shipping time.

If your order hasn't been received within the advised time frame, please contact us directly and we will track your order for you.

Safe Place for Delivery

Our orders usually don't require a signature so we recommend you specify a Safe Place for the courier to leave your parcel when placing your order online. If possible, this place should be warm, dry, shady, secure and away from pets. Please use the notes in the checkout process to specify your Safe Place to the courier.

Liability

We package our plants with great care and ship them to you with trusted third party couriers, however we can't be held liable for the following:

1. Due to the perishable nature of plants, if you do not have a suitable safe place for your plants to be left on delivery, we cannot be held responsible for the condition of plants due to this.

2. We cannot be held responsible for additional time spent in transit or courier depots due to government/industrial actions or delays you make in collecting your undelivered plants from a courier depot so please be present for your delivery or be prompt with re-delivery.

3. Stolen parcels from your property are not our responsibility, so you must have a safe place for delivery. This scenario has yet to happen for us and we'll work with you and the courier to get the facts for a police report/insurance claim.

Product Variability

Most plants don't like being shipped so they might look a bit droopy once you get them. This is normal and it's not uncommon for them to drop a leaf or two. Just follow their care instructions and they will perk up. Of course we are here too if you need any advice.

Why does my plant or item look different from the website?

The nature of plants is that they are all different. Live plants and some items such as pottery will have variations in colour, texture, finish, and size. Also differences between different device screens means item colours may vary from what you saw on the website. While we make every effort to display our plants and items as accurately as possible, there may be subtle differences from what is displayed online.

Product images on our Website are usually indicative of the product you will receive and not of the actual product unless specified. We will endeavour to provide as much information as possible about the actual item in the description.

Feel free at any time to contact us if you have any questions about a particular item.

Returns

What if my plant or product arrives damaged?

No matter how carefully we pack our boxes, the shipping process is not always gentle. In the event that items (including plants) are damaged in transit, we'll happily work with you to find an appropriate solution.

Minor damage to plants is not usually cause for concern or reason for return. You can expect a small amount of stress or leaf damage from your plant's journey. We are happy to advise if you send us some photos, but in most cases following the care instructions will have your plant bouncing back in no time.

Please examine your order upon arrival and, if there are any problems, send us photos of the items (and packaging if relevant) as soon as possible and within 48 hours of receiving your package. For plants it is important to take photos on the day they arrive. We will let you know if you need to return the item.

Please retain any damaged items and original packing materials until receiving further instructions. It's a requirement for damage claims with the couriers and we may require you to ship damaged items back to us.

Please note, original shipping fees are non-refundable unless the courier is at fault and refunds the courier costs, or where required by law.

Returning items

We do not accept change-of-mind once your order has been packed for shipping. If your item has been paid for but not yet packed, we may be able to refund you for your item but we won't be able to refund the shipping amount.

We will, of course, fulfil our obligations under the Consumer Guarantees Act if your item arrives damaged. We want you to be happy with your order, so please contact us if you have any concerns.

If you'd like to make a return, please try to use the original packing materials, and take detailed photos of the condition of the item as it arrived. In the case of plants, it is important to take photos on the day of arrival if anything is wrong. Please contact us by email or phone within 48 hours after receipt of the item.

You will be responsible for paying for the shipping costs for the items that you wish to return.

You must ensure that the returned goods are properly packaged so that they will not be damaged while in transit. If the product is found further damaged we may reject a refund.

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.

Privacy Policy and Confidentiality

Unless you opt to receive promotional messages from us we will not send you messages except those regarding your order. 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 the 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. Although we do everything we can to ensure a secure environment, 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.

Under New Zealand privacy law, you are entitled to 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 https://www.pansyboys.nz/shop/terms/

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.

Third-Party Material & Links

Certain content, products and services available via our Website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Errors, Inaccuracies & Omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified or updated.

Complaints

If you are not satisfied with the services provided by Pansy Boys Ltd, you should provide us with details of your complaint by emailing enquiries@pansyboys.nz and include the word complaint in the subject line.