1 - APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website and purchase of Products (as defined below) through the Website. If you access or use the Website (including to purchase Products):
a) you agree to these Terms; and
b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2 - CHANGES
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately upon the changes being updated on the Website. Any change to these Terms does not apply to an order for Products placed prior to the change taking effect. If you have a Subscription, we will send you details of the changes at least 14 days prior to the changes taking effect. If you do not agree to the changes, you can cancel your Subscription (without charge) by contacting us prior to the changes taking effect.
2.2 You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website and/or maintain a Subscription, you agree to be bound by the changed Terms.
2.3 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.4 These Terms were last updated on 29/06/21.
3 - DEFINITIONS
In these Terms:
Delivery Area means New Zealand
Including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs
Personal Information means information about an identifiable, living person
Products means goods available to purchase, including as part of a Subscription, via the Website
Subscription mean a subscription to purchase Products on an ongoing basis at set intervals
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means an account created by you to allow you to access and use certain parts of the Website and to order Products and/or Subscriptions.
We, us or our means Eightysix Trading Limited, t/a EcoRoll.
Website means ecoroll.co.nz
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 - YOUR OBLIGATIONS
4.1 You must:
a) provide true, current and complete information in your dealings with us (including when setting up an account and using the Website), and must promptly update that information (including credit card numbers and expiration dates) as required so that the information remains true, current and complete; and
b) be at least 18 years old and have the capacity to enter into a legally binding agreement.
4.2 If you are given a User ID, you must keep your User ID secure and:
a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to email@example.com.
You are responsible for all activity under your User ID. This includes being liable to pay for any Products (including under a Subscription) ordered under your User ID.
4.3 You agree not to reproduce, duplicate, copy, sell or resell any portion of the Website or Products without our written consent.
4.4 You must:
a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b) unless with our written permission, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.5 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to firstname.lastname@example.org.
5 - PURCHASING, ORDERING AND DELIVERY
5.1 We may cease to offer any Products at any time. Any reliance on the material on the Website is at your own risk. All Product sales (whether by Subscription or otherwise) are subject to our returns policy which you will find in the FAQ's.
5.2 Prices (including delivery charges) for and descriptions of the Products appearing on the Website are subject to change without notice. If we change any prices or descriptions on the Website, the change will not apply to any order for Products placed prior to the change being made. If you have a Subscription any change to the price or Product description applicable to the Subscription will be dealt with in accordance with clause 6 below.
5.3 We may limit the sales of our Products (including Subscriptions) to any person or Delivery Area. We may limit the quantities of any Products that we offer.
5.4 We have made every effort to display, as accurately as possible, all information on the Website, including the image and design of our Products on the Website. However, we cannot guarantee that all information is up to date, or, that your computer monitor will display the product features accurately.
5.5 All prices are inclusive of GST and quoted in NZ dollars only. The total value of your order including GST and delivery charges will be displayed on your order confirmation screen. This is the price you will pay.
5.6 When we receive your order, we will send you an email confirming acknowledgment of receipt of your order details (at which point the order will become legally binding on both of us). Ownership of any ordered Products will pass from us to you once we have received the full price (including delivery charges) for the Products and the Products have been delivered to you.
5.7 We may refuse any order you place with us. We may, acting reasonably, limit or cancel quantities purchased per person, per company or per order (where before or after our confirmation of the order). In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting you using the details provided by you at the time the order was made and will provide you with a refund via the same method which was used to pay for your order.
5.8 You must be located in our Delivery Area to make an order. Please take care when specifying your delivery address as refunds will not be given if you enter an address incorrectly. We will inform you if we cannot deliver to your location for any reason, using the contact details that you provide when placing your order and, where requested by you, arrange for the cancellation of the order, which may result in a cancellation fee if an incorrect address has been provided and we have already incurred associated delivery costs. At your request, we may deliver to an alternative delivery address if possible, however this may involve additional costs.
5.9 We will try to let you know if we expect to be unable to meet our estimated delivery date, but to the extent permitted by law, we will not be liable to you for any Loss arising out of late delivery.
5.10 We are not responsible for any damage to, or loss of, any Products once they have been delivered to your selected delivery address. Upon receipt of any Products, you should check the delivery immediately and notify us of any damage or discrepancies.
6 - SUBSCRIPTIONS
6.1 You may order certain Products on a Subscription basis, which will recur in accordance with your selected delivery timeframe.
6.2 The total subscription amount for each recurring order is set out on the order confirmation page. You will be billed in accordance with your selected delivery timeframe and clause 5.
6.3 We will notify you of any changes in price or description of Products ordered under a Subscription at least 14 days prior to the changes taking effect. If you do not agree to the changes, you can cancel your Subscription (without charge) by contracting us prior to the changes taking effect.
6.4 You can cancel, pause, and otherwise amend your Subscription up until the relevant payment is processed. If you choose to cancel your Subscription before this point, it will cancel any future orders related to that Subscription, and you will not be charged a cancellation fee. If you do not wish to continue receiving Products under a Subscription, it is your responsibility to contact us, to let us know.
6.5 We may cancel your Subscription at our sole discretion at any time. If we do so and you have made a payment for any Products not yet delivered, we will (at our discretion) still deliver those Products to you or provide you with a refund.
7 - THIRD PARTY LINKS
7.1 Certain services available via our Website may include material from third-parties. Third party links on the Website may direct you to a third-party’s website that is not affiliated with us. We use third-party providers to process payments on our behalf. These third-parties include Shopify, PayPal and Braintree (a division of PayPal). Please review carefully any third-party’s policies and practices and make sure you understand them before you engage. Complaints, claims, concerns or questions regarding third-party services, should be directed to the third-party.
8 - INTELLECTUAL PROPERTY
8.1 We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), the Products and the Underlying Systems. You must not contest or dispute that ownership, or the validity of those intellectual property rights.
9 - DISCLAIMERS
9.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a) the Website being unavailable (in whole or in part) or performing slowly;
b) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
c) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
9.2 We have responsibilities, and you have rights, under the Fair Trading Act 1986 (FTA) and the Consumer Guarantees Act 1993 (CGA). These include certain guarantees in relation to the Products we supply. Nothing in these Terms limits, excludes or takes away from any of our responsibilities or your rights under the FTA or CGA.
9.3 We make no representation or warranty in relation to the Website or the Products and all terms, conditions, representations and warranties relating to the Website and/or the Products are excluded, except:
In particular, we make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.
10 - LIABILITY
10.1 To the maximum extent permitted by law, neither we nor you, are liable or responsible under or in connection with these Terms, the Website, or the Products:
10.2 To the maximum extent permitted by law, our total liability to you and your total liability to us under or in connection with these Terms in relation to any individual order or delivery of Products (including a delivery pursuant to a Subscription) shall be limited to an amount equal to the total price (including GST and delivery charges) for that order or delivery.
11.2 You consent to us sending your information about us, including our Products, offers, promotions, services and business, by email, text and other electronic means.
12 - GENERAL
12.1 If we need to contact you, we may do so by email, text or electronic message, or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
12.2 These Terms, and any dispute relating to these Terms or the Website or the Products are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website or the Products.
12.3 To waive a right under these Terms, the waiver must be in writing.
12.4 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
12.5 These Terms set out everything agreed by the parties relating to your use of the Website and the sale and purchase of products through the Website and supersede anything agreed prior to you agreeing to these Terms. This clause does not preclude either you or us from relying on any express representation or promise made by the other prior to an order for Products being placed.