Terms & Conditions
Welcome to the Terms of Service for Pacific Harvests website and any associated services. This is an agreement (“Agreement”) between, Pacific Harvest (“PH”), the owner and operator of www.pacificharvest.co.nz (the “Site”), any PH services (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service.
Throughout this agreement, the words “PH,” “us,” “we,” and “our,” refer to our company, Pacific Harvest and our site or any services, as is appropriate in the context of the use of the words.
By using Pacific Harvest’s online shopping system you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Users must be 18 years or older to purchase any of our products.
Terms of Trade
These terms and conditions apply to all purchases made through the Pacific Harvest website. Anyone ordering products acknowledges that they have reviewed the contents of their order and verified that it is acceptable. For International orders the customer must determine that the products are approved for import into the country of delivery; it is the buyer’s responsibility to comply with all applicable regulations and pay any taxes or duties levied by the coutry of import. The buyer, solely, accepts the full risk for any items or package being detained by customs or bio-security for whatever reason.
The information on this website is for your interest only; for medical advice on your individual needs please consult your doctor or other health care professional.
– Nutritional & Health Information
All content on Pacific Harvest’s website is provided for information and educational purposes only as a service to our customers, and is not a substitute for professional medical advice.
The Nutritional information provided on the PH website is based on extensive research of current scientific literature. Before relying on any nutritional information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any guarantee that the information is free from error or suitable for your purposes.
Nutrient data published on our site and product labels may be based on an average of the nutrient content of a particular seaweed product, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and seasons because of a number of factors. Some of the data may be borrowed from food composition tables, published by other organizations, supplied by the food industry, or calculated using a recipe approach.
– No Medical Advice/Guarantees
Statements listed on our Site or Service have not been evaluated by national or international agencies.
None of the content or products offered on the Pacific Harvest site are meant to be used to diagnose, treat, alleviate or relieve any medical or health conditions.
The products and content found on the PH site are not intended as a substitute for the advice provided by your physician or other healthcare professional.
If you suffer from a medical condition or take medication, you should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before using any of our products.
If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our site.
Lastly, please read carefully all packaging and labels prior to use.
Please be aware that any testimonials on the site may not exactly reflect the results that you achieve. Results may vary and your experience may not be similar to the experience of the given testimonials.
Anyone ordering products for delivery acknowledges that they have reviewed the contents of their order and verified that it is acceptable. For International orders the customer must determine that the products are approved for import into the country of delivery; it is the buyer’s responsibility to comply with all applicable regulations. The buyer, solely, accepts the full risk of any items or package being detained or returned by customs for whatever reason.
– Discretion to Accept Orders
Pacific Harvest has the absolute discretion to refuse the registration application of a potential customer, or acceptance of an order or to cancel and order for any reason whatsoever. Where an order is cancelled by Pacific Harvest, Pacific Harvest will make reasonable efforts to notify the customer of the cancellation and the customer will receive a refund of any monies paid for the value of the order.
– Registration / Termination
Access to some services or content on the site may require registration. This will result in you creating a username and password that must be used whenever requested. That username and password are personal to you and you agree at all times to maintain the confidentiality of your username and password and not to disclose them to any third party. You agree that you are solely responsible for any use of our website by any person using your username and password. You agree that all information you make available to us when registering or using the site is true, accurate, up to date, complete and not false, misleading or deceptive in any material way.
No costs are payable to register to use Pacific Harvest’s online shopping system, but customers are responsible for any costs incurred, including any charges imposed by their internet service provider. Pacific Harvest may, at its sole discretion, and without prior notice to you suspend or terminate the ability of any customer to purchase products through Pacific Harvest’s online shopping system for any reason whatsoever.
– Website Security
We will use reasonable endeavours to keep our site free from viruses and from unauthorised access. However, we do not warrant that the site will always operate uninterrupted or error-free or that any files available for downloading by you will be error-free or free from viruses, faults or defects.
We will use reasonable endeavours to prevent any unauthorised entry into the Pacific Harvest site and service. However, no member of Pacific Harvest will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into the Pacific Harvest site or online shopping system, except where any member of Pacific Harvest, or its employees or agents, have acted negligently or fraudulently.
Pacific Harvest’s Online Shopping Cart System is Safe Because:
Pacific Harvest’s online shopping system uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data, it is stored on a secure server behind Pacific Harvest’s firewalls, so that your personal details are not accessible from the internet by any third party.
Safe Payment Systems
Pacific Harvest uses “Payment Express” to securely authorize debit and credit card payments before any charges are made. For further information regarding Payment Express and how it encrypts and processes transactions, please visit www.paymentexpress.com.
All quoted prices are in New Zealand dollars and are subject to change at any time at the discretion of Pacific Harvest. The currency converter tool on the website is to be used as a guideline only – all orders will be charged in New Zealand dollars. The customer shall pay Pacific Harvest for the products ordered at the price displayed at the time the order is submitted.
The prices of products are displayed in New Zealand currency and all orders must be paid in New Zealand currency.
– Product Quality
If Pacific Harvest agrees that a product was delivered to a customer in a damaged or spoiled condition, Pacific Harvest shall, at the request of the customer, replace or refund the value of the relevant product (as at the date on which the product was originally ordered).
– Product Availability
Every effort will be made to fulfill orders placed with Pacific Harvest’s online shopping system, but no member of Pacific Harvest shall be liable to any person if Pacific Harvest is unable to or declines to supply a product for any reason whatsoever.
Pacific Harvest reserves the right to limit quantities able to be ordered by, or delivered to, customers. If a customer’s order is reduced in accordance with this clause, the price payable by the customer for that order will be adjusted accordingly.
– Methods of payment
Customers must pay Pacific Harvest for the products purchased by:
- Visa or Mastercard credit/direct card,
- PayPal or
- in the case of approved wholesale customers payment can be made through their customer account.
Pacific Harvest’s online shopping system does not accept EFTPOS (other than through Visa or MasterCard as above), cash, cheque, voucher or any other form of payment. If customers wish to pay in any other ways they should contact Pacific Harvest directly.
PAYMENT BY DEBIT/CREDIT CARD
If a customer’s card is declined by its financial institution, delivery of the relevant order will not be made.Pacific Harvest can be contactrd by the customer to make alternative payment arrangements. Pacific Harvest reserves the right to refuse to accept payment from any particular customer by credit card for any reason whatsoever.
PAYMENT BY PAYPAL
Only PayPal payments made to [email protected] will be accepted.
PAYMENT BY CUSTOMER ACCOUNT
Only pre-authorised wholesale customers will be able to put the payments on their accounts. If a you wish to open a wholesale accountyou can enter the request on the registration page on the shopping cart, send us an email or contact Pacific Harvest on (09) 414 7600.
If a customer is invoiced an incorrect amount for any product ordered, Pacific Harvest shall be paid by, or refund to, the customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
The customer is liable for all costs associated with debt collection where the customer has put an order on his account and subsequently defaults in payment of that account.
CHANGE TO PAYMENT POLICY
Pacific Harvest may change at any time the way in which a customer can pay for products.
Orders & Delivery
Postage and handling charges are calculated when completing the order. All our porders will be carefully packed for safe delivery. We normally ship our products within two business days unless specified otherwise. If we are unable to dispatch your order within that timeframe, we will try to contact you and advise you of the expected dispatch date.
ONCE YOUR ORDER HAS BEEN SHIPPED IT CANNOT BE CANCELLED.
Within New Zealand:
Orders will usually be sent by Courier express or Fastway Couriers. There will be no freight charge for orders over $50.00. Orders of $50.00 and under will incur a $6.00 freight charge for any order anywhere in New Zealand.
We can send orders to most countries in the world. We normally use NZ Post for orders outside New Zealand. Our shipping charges are based on the weight and size of the total order and how it is sent. Purchasers will have the option of choosing from 2 shipping methods:
- International Air. This service is untracked and Pacific Harvest takes no responsibility for the ultimate delivery. In 15 years we have had only 1 order go missing although there have been a very small number of delays – usually when an item is held up by customs, etc. This can be frustrating because of the absence of tracking information.
- International Courier. This is a about NZ$20 more expensive than International Air but is fully tracked and a little faster. Pacific Harvest will take full responsibility for the ultimate delivery of the order.
Customers will have the option of choosing the method of delivery on checkout when completing the order and the applicable charge will be shown. Any import duties or taxes, which are levied by the authorities in the country of destination, are the buyer’s responsibility.
All our items will be carefully packed for safe delivery. Estimated delivery times can be found under the appropriate sections of the NZ Post website (www.nzpost.co.nz).
– Change of Address
The customer shall notify Pacific Harvest immediately of a change to its delivery address.
– Delays to Delivery
Notwithstanding any other terms, no member of Pacific Harvest shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Pacific Harvest or otherwise.
If Pacific Harvest considers that the delivery of a customer’s order is likely to be substantially delayed, Pacific Harvest may, but shall not be obliged to, contact the customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the customer, the customer may cancel the order, without incurring any fee for doing so.
– Incorrectly or Undelivered Products
If any product delivered does not correspond with a product ordered, the customer may:
(a) keep the incorrectly-delivered product, in which case no adjustment will be made to the payment due from the customer for the order containing the incorrect product; or
(b) reject the incorrectly-delivered product, in which case Pacific Harvest will, at the request of the customer, either replace that product with the product that was originally ordered, or refund the value of the product that was originally ordered (as at the date on which the order was placed).
If a customer chooses to reject an incorrectly-delivered product in accordance with sub-clause (b) above, Pacific Harvest reserves the right to collect the incorrectly-delivered product from the customer. If the customer is unable, or refuses, to deliver up the product when requested, Pacific Harvest reserves the right to charge the customer for that product.
If a customer has been charged for a product that has not been delivered, if the product is in stock, Pacific Harvest will, at the request of the customer, re-deliver that product at no extra charge to the customer. Alternatively, the customer may cancel the order of such product (or if the product is out of stock Pacific Harvest may cancel the order for that product) (in each case without incurring any cancellation fee), and Pacific Harvest will refund the value of the relevant product (as at the date on which the product was ordered).
– Changing or Cancelling of Orders
Once an order has been shipped, it cannot be cancelled.
– Returns & Exchange
If an item/order is received damaged, we must be advised immediately. Please call or e-mail details of your claim to [email protected] The following options will then be made available:
Replacement: if a replacement is required, it will be sent immediately subject to availability, at no charge
Credit: if a credit is required, the appropriate account will be credited in NZ currency.
Refund: if a refund is required, it will be provided according to the original payment method.
Returns and Exchanges will not be accepted due to a change of mind, so please choose carefully.
Liability & Indemnity
Subject to any statutory rights available under law, including under the Consumer Guarantees Act 1993, Pacific Harvest shall not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a product or any other breach of Pacific Harvest’s obligations hereunder.
No member of Pacific Harvest shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the customer’s use of, or inability to use, Pacific Harvest’s online shopping system, or the delivery or failure to deliver any products.
Notwithstanding any other term, the customer agrees to indemnify each member of Pacific Harvest against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of Pacific Harvest, as a result of any breach by the customer of these terms and conditions, or caused by the customer.
– Force Majeure
If the performance by Pacific Harvest of its obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever) beyond the reasonable control of Pacific Harvest. Pacific Harvest shall be excused from such performance to the extent of such prevention.
All rights pertaining to website content are reserved. Permission to copy electronically and to print in hard copy sections of this website is granted for the sole purpose of placing an order with Pacific Harvest or using this website as a shopping vehicle. Any other use of the material on this website, including reproduction for the purposes other than the above, modification, distribution or replication, without written permission of Pacific Harvest is strictly prohibited.
Access to the Pacific Harvest website is granted only for the purpose of accessing the services provided. Under no circumstances may any individual alter any part of the website. No part of this website may be reproduced for any reason, nor may any parts of the site be displayed anywhere apart from pacificharvest.co.nz unless written permission has been granted by Pacific Harvest. (This includes logos, trademarks or registrations.) Users are granted access to this site under the condition that they will not interfere, or attempt to interfere with any of the content.
– Links to and From Other Websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Pacific Harvest. Pacific Harvest does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a “third party website” is any website other than www.pacificharvest.co.nz.
The customer agrees that it will not create a hyperlink to Pacific Harvest’s website without express written permission. If a customer does create a hyperlink to the Pacific Harvest website, that customer is responsible for all losses any member of Pacific Harvest may suffer as a result of that link, whether direct or indirect. Linking the Pacific Harvest website is at the customer’s own risk. The customer agrees that they shall not frame any part of Pacific Harvests website by including advertising or other revenue generating material.
Online Competitions / Promotions
Competition terms and conditions can be found associated with each promotion on our competitions page.
Consumer Guarantees Act
The customer acknowledges that where the products are ordered for business purposes (as the term “business” is defined in the Consumer Guarantees Act 1993 (“CGA”)), the provisions of the CGA shall not apply to the sale of the products by Pacific Harvest.
The customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
Variations of T & C
From time to time Pacific Harvest may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of Pacific Harvest’s website after the terms and conditions have been changed indicates your acceptance of those changes.
New Zealand law governs the use of Pacific Harvest’s website and these terms and conditions.