Terms & Conditions
Our Marketplace is all about fairness, honesty, respect and trust. Our Terms and Conditions reflect this, so, you can rest assured that we will look after you but in return we expect you to look after our interests and treat us fairly too. Please take the time to familiarise yourself with our Terms as they are important; not only do they set out the relationships and our respective responsibilities but also what happens if things go wrong.
Green Elephant – Terms and Conditions
Welcome to Green Elephant’s online Marketplace at greenelephant.co.nz (the “Site”). The Site is owned and operated by Green Elephant Limited, a company incorporated in New Zealand (Company Number 3669733). As well as reading these Terms and Conditions you should also refer to any additional product terms and conditions displayed on the relevant Store home page or product page before placing an order.
Acceptance of Terms
This Agreement sets out the terms on which you may use the greenelephant.co.nz website, whether as a registered user or as a guest. Any person who wants to access the Site to buy or sell products or to use the other features provided (collectively, the “Service”) must accept these Terms and Conditions without change.
By continuing to use the Site or placing an order you acknowledge that you agree to all the terms and conditions of this agreement. If you do not agree with these Terms and Conditions you should not use, register for, or purchase from the Green Elephant Site.
1. Eligibility, Registration and Termination
Use of the Service is limited to parties that can lawfully enter into and form contracts under the laws of New Zealand. Only visitors to the Site who enter into this Agreement may participate in buying or selling on the Site. You must provide us true and accurate information when registering and must maintain and update that information as applicable. Your application for registration must be acceptable to Green Elephant in its own discretion and we reserve the right to reject any registration and to refuse service to anyone for any reason (we will always tell you if we do).
You are responsible for maintaining the security of your password and are solely responsible for any use of or action taken under your password on this Site. If you believe your password has been compromised you should change it immediately.
Green Elephant reserves the right, in its sole and absolute discretion, to terminate your account or any current order immediately and without notice to you for any breach of any of the terms of this Agreement. Upon termination, all rights and obligations of the parties under this Agreement will be extinguished, except to the extent necessary to complete, without limitation, any valid orders, refunds or returns placed prior to such termination.
You agree and understand that the Green Elephant Site, including any and all features available and any User Content, may be modified by us, in our sole discretion, at any time without prior notice. Any modifications to this Agreement will be effective upon posting to the Site.
2. IPR and Grant of Licence
We own, or are the licensee to, all right, title and interest in our intellectual property rights in the Site and the Service, (including, without limitation, any patents, trademarks, service marks, registered designs, copyright, confidential information, trade and business names or any similar rights).
Green Elephant grants you a limited license to make personal use of the Green Elephant Site. You must not copy or otherwise use any of the content on the Site or Service for commercial purposes without first obtaining a licence to do so from Green Elephant. You are not permitted to modify, adapt, disassemble or otherwise attempt to derive source code from any part of the Site or Service.
Green Elephant respects the intellectual property rights of others. Please contact us if you believe that there has been an infringement of your intellectual property rights on our Site.
3. User Content and the Site
All User Content, including advice and opinions posted by Users, is the responsibility of those who post such User Content and comprise their own personal views which do not necessarily represent the views of Green Elephant. We do not guarantee the accuracy or integrity of such User Content and we will not be responsible, or liable to any third party in relation to any Content posted by Users.
Your Content and use of the Site must not:
(i) be false, inaccurate or misleading; (ii) violate this Agreement, any site policy or guidelines, or any applicable law or regulation; (iii) be defamatory of any person; (iv) contain material which is obscene, offensive, threatening or intimidating to any person (including Green Elephant staff and other users); (v) infringe any copyright, trade mark or other proprietary or intellectual property rights of any other person; (vi) be likely to deceive any person; (vii) promote any illegal activity; (viii) do anything to undermine reviews and feedback; (ix) be likely to upset or annoy any other person; or (x) be used to impersonate any person or to misrepresent your identity.
Any Content a User uploads to the Site will be considered non-confidential and non-proprietary. We therefore have the right to use, copy, reformat, distribute and disclose to third parties any such Content for any purpose. We also retain the right to remove any Content or posting a user makes on the Site for any reason.
4. Disclaimer of Warranties and Limitation of Liability
(A) YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND WE DISCLAIM RESPONSIBILITY FOR ANY LOSS OR HARM RESULTING FROM YOUR USE OF ANY PART OF THE SITE AND SERVICE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
(B) THE SITE AND SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION: (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (II) THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (III) THE INFORMATION, CONTENT OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED, AVAILABLE FOR SALE AT THE TIME OF LISTING OR LAWFUL TO SELL OR THAT BUYERS AND VENDORS WILL PERFORM AS PROMISED.
(C) NEITHER GREEN ELEPHANT NOR OUR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY SORT ARISING OUT OF THE USE OR MISUSE OF THE SITE WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE (EVEN IF WE HAVE BEEN ADVISED OF SUCH POSSIBILITY). SUCH LIMITATION: (I) INCLUDES DIRECT DAMAGES; (II) INCLUDES INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES; (III) APPLIES WHETHER DAMAGES ARISE FROM THE USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE (INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES).
(D) IF WE ARE FOUND LIABLE TO YOU UNDER THIS AGREEMENT OR OTHERWISE AT LAW, TO THE GREATEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU OR ANYONE CLAIMING THROUGH YOU IN RESPECT OF ANY EVENT OR SERIES OF RELATED EVENTS SHALL BE LIMITED TO THE LESSER OF TWO HUNDRED NEW ZEALAND DOLLARS ($200) OR THE TOTAL AMOUNT PAID BY YOU TO US FOR SERVICES IN THE 6 MONTHS IMMEDIATELY PRIOR TO THE DATE OF YOUR CLAIM. FOR THE PURPOSE OF THIS CLAUSE 4, REFERENCES “WE” AND “OUR” INCLUDE OUR OFFICERS, EMPLOYEES AND AGENTS.
(E) THESE TERMS AND CONDITIONS ARE NOT INTENDED TO EXCLUDE LIABILITY FOR FRAUDULENT MISREPRESENTATION, PERSONAL INJURY OR DEATH TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF OUR NEGLIGENCE; OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
5. Data Protection and Privacy
Green Elephant believes strongly in the protection of the privacy of Users and our customers. By using the Service and the Site, you consent to the collection and use of your personal data by Green Elephant in the manner set out in this Agreement and our Privacy Policy, which is incorporated into this Agreement by reference. We suggest you read our Privacy Policy if you want to know what information we collect, how we use it and under what circumstances we may disclose it.
6. Orders and Payment
When you purchase goods the legal contract formed comprises the Terms and Conditions, the email confirmation of your order and applicable details on the product page.
Your purchase of items may only be paid for using a debit or credit card through our payment facility. The payment will show on your statement under the name Green Elephant Limited.
By submitting an order and proceeding through the ‘checkout process’ you are making an offer to purchase goods which, if accepted, will result in a binding contract. Neither submitting an order nor completing the checkout process constitutes acceptance of your order.
No order shall be deemed to be accepted until an email acceptance of order has been issued from our Site. The contract will relate only to those items notified in the email acceptance of order. Where an order is not accepted a full refund will be made.
Orders with a New Zealand delivery address will have prices displayed including GST as applicable. For delivery destinations outside New Zealand, prices will be displayed excluding GST or other sales taxes. Whilst you can select prices to be displayed in a number of currencies all transactions are completed and charged in New Zealand Dollars.
Green Elephant reserves the right to refuse to process a transaction for any reason (including suspected fraud) or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing, unwinding or suspending any transaction after processing has begun.
Whilst we attempt to display the colours of the product listings as accurately as possible on the Site we cannot guarantee that the colour you see matches the actual product colour, as the colour displayed depends, in part, upon the monitor used by you.
Pricing errors may occur on the Site from time to time. Green Elephant attempts to correct all pricing errors as soon as they are discovered, or as soon as we receive notice of an error. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation from our Site. Any payments you make to us for orders that are cancelled due to pricing errors will be refunded.
7. Delivery and Returns
Your shopping basket on the Site displays the products you have selected and a summary of postage and packing charges. The delivery cost varies according to the destination you choose to have the item delivered to and the delivery method(s) on offer. Individual delivery charges are clearly displayed on the product listing page, in your basket and on the check-out page. Any delivery times quoted are estimates only in working days.
You should contact Green Elephant directly using the order enquiry function on your account for customer service issues relating to a product purchased from our Marketplace, such as if you wish to discuss or arrange a return, exchange or refund. Green Elephant will help you resolve your issue solely in accordance with this Agreement and our Returns & Refunds Policy. Green Elephant will refund any money owing to you for product returns. Payments will be made after we confirm that items have been returned in accordance with the Returns and Refunds Policy.
8. GST and other taxes
The price stated for any goods or services offered on the Site for delivery within New Zealand is inclusive of any GST or other tax as applicable.
9. International Sales, Duty and Import Regulations
Products ordered from our Site for delivery outside New Zealand may be subject to import duties and taxes which are levied when the delivery reaches your specified destination. We have no involvement with these charges nor can we advise you of their likely cost. If you are in any doubt we suggest that before placing your order you speak to your local customs office to find out more. You are responsible for payment of any such import duties and taxes.
10. Gift Vouchers
Gift vouchers are provided and operated by Green Elephant Limited. Gift Vouchers may be used to purchase any products (including delivery charges) that are listed on greenelephant.co.nz. They cannot be used for purchases on sites other than greenelephant.co.nz.
Gift vouchers are available for purchase in New Zealand Dollars only to a maximum of $200 per transaction and may be purchased in the same transaction as other goods on greenelephant.co.nz. Our standard payment methods apply for the purchase of gift vouchers except that gift vouchers may not be used to purchase other gift vouchers.
An unused gift voucher may be cancelled and refunded to the original purchaser within seven (7) working days of purchase of the gift voucher. Gift vouchers cannot be redeemed for cash and are not transferable or assignable.
Gift vouchers will be issued to either the purchasers email address or another designated email address entered by the purchaser once the payment has been cleared. It is important for the purchaser to ensure that the delivery email address is entered correctly as we cannot be responsible for the non delivery of gift vouchers due to customer errors. We also cannot be held responsible for gift vouchers that fail to deliver due to the recipient’s spam filters, firewalls or any other factors outside of our control.
Our standard terms and conditions apply regarding the purchase of goods made using a gift voucher. To redeem a gift voucher simply enter its unique code at the checkout. You may redeem one or more gift vouchers against a single order but if the goods purchased are greater than the amount of the gift voucher(s), the balance must be paid by credit or debit card at the same time the gift voucher is redeemed.
If the value of the gift voucher redeemed is greater than the value of the goods purchased then the gift voucher balance will be issued as a new voucher code subject to the balance outstanding being greater than $5.00. Any amount less than $5.00 will be lost.
Please note that the value of the gift voucher and any additional payment is charged before your offer to purchase a product has been accepted. Consequently, if for any reason your offer to purchase a product is not accepted we will reverse the transaction and issue a new gift voucher plus refund any extra payments made in anticipation of such purchase to your credit or debit card respectively.
Please look after your gift vouchers as we cannot be responsible if a gift voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission.
Gift vouchers must be redeemed within one year of the date of issue by us and will expire after such date.
11. Links
You may link to our Site, provided you do so in a legal and fair way that does not damage or take advantage of our reputation. You must establish links in such a way that there is no suggestion of any form of association, endorsement or approval on our part where none exists. Green Elephant expressly reserves the right to withdraw linking permission at any time and to take any action it deems appropriate.
You may not use or frame any Green Elephant trademark, logo, content or other proprietary information without our express written consent. Any unauthorized use of the Green Elephant Site will terminate the permission or license granted by these Terms.
The Site may provide links to external websites for your information. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and we accept no responsibility for any loss or damage that may arise from your use of them.
12. Virus, Hacking and other offences
You must not misuse our Site or any part of the Service by introducing code of a destructive nature including viruses, worms, Trojans, logic bombs or other material which may be malicious, technologically harmful or may damage, interfere with, intercept or expropriate any system, data or personal information. You must not attempt to modify, attack or hack our Site, the server on which our Site is hosted or any other server, computer or database connected to our Site.
You must not modify another website so as to falsely imply that it is associated with Green Elephant.
13. General Provisions
a. Entire Agreement
This Agreement incorporates by this reference all terms, conditions, policies, guidelines and other information on the Site relating to the Site or Service, including but not limited to the Returns and Refunds Policy and Privacy Policy and constitutes the entire agreement between us. It supersedes and cancels all previous drafts, agreements, claims, representation and understandings between us, whether written or oral, relating to its subject matter.
b. Severability and Survival
If any provision of this Agreement is held to be void, unlawful or unenforceable to any extent, then such provision shall to that extent be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
c. No Waiver
Green Elephant’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.
d. 3rd Party Rights
Nothing expressed, mentioned in or implied from this Agreement is intended or shall give to any third party any legal or equitable right, remedy or claim under this Agreement. This Agreement and all of the included representations, warranties, conditions and provisions are intended to be and are for the sole and exclusive benefit of Green Elephant and its affiliates, you, and relying buyers or Vendors.
e. Notices
Notices can be sent to you at the e-mail address you provided to Green Elephant or posted on the Site. You may send notices to Green Elephant as follows:
By post to our Registered Address:
Green Elephant Limited
32 Garrett Road
RD 5
Tauranga
3175
New Zealand
By email: [email protected]
f. Force Majeure
Green Elephant and/or Vendors will not be liable for any delay or failure to provide the Service or any other delay or failure to meet our obligations under this Agreement to the extent that such delay or failure is caused by any event outside of our reasonable control.
g. Governing Law/Jurisdiction
By purchasing through the Site, you agree that the contracts for the purchase of products shall be governed by the laws of New Zealand. Any dispute of any sort arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the Courts of New Zealand.
14. Consumer Guarantees Act
This Agreement does not seek to exclude any rights you may have under the Consumer Guarantees Act or other applicable legislation which may apply to purchases of any goods or services that you order using the Site.
To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that the Consumer Guarantees Act or equivalent consumer protection legislation does not apply.
Last amended 2 November 2015.