Palmers Online Orders Terms and Conditions

These are the terms on which Palmers Franchise Systems Limited and our store franchisee owners (Palmers, we, us, our) offer you the opportunity to buy and receive goods and services (Product(s)) from us via our website, www.shop.palmers.co.nz. We may make changes to these terms by updating them on our website from time to time, and you will be bound by these terms when you use our website and/or place an order via our website.  These terms will be read together with any of our other policies on the website (including our returns and privacy policies) and apply to the exclusion of all other terms. In the event of any inconsistency between those documents, these terms will prevail.

We also aim to keep our online policies and terms as consistent as possible with our in-store policies and procedures.

If you have any questions about these terms, please contact us onlinesupport@palmers.co.nz

1. Orders
   1.1 Order process: To order through our website you must select which Product you wish to buy and add this to your cart. You will then need to follow the process by reviewing your cart, entering your delivery and payment information and submit that order by clicking “complete order”. You can either process your order as a guest, or by creating (or logging into) an account on our website. If you have created an account with us in the past, some of your delivery and payment information may already be saved – please review that information before completing your order to make sure it is still accurate.
   1.2 Order acceptance: When you make an order via our website for any of our Products, your order is an offer from you to Palmers to buy that Product from us. By clicking “complete order” you have confirmed that you have read and accepted these terms, and agree that these terms will apply to your order and any subsequent purchase of Products from us. Our acceptance of your order will take place once payment has been processed and we have sent you an email order confirmation.
   1.3 If we cannot accept your order: We may not be able to accept all or part of your order for a particular reason including unavailability of stock, unexpected time limits, an error in the price, image or product description, jurisdiction and/or delivery issues, or where there is an error in your order such as your failure to submit all necessary and relevant details or the payment process being incomplete. Where we are do not accept all or part of your order, we will notify you in writing and refund any amounts that have been charged in relation to that cancelled part of your order. We also reserve the right to refuse or cancel any order if we believe it has been placed fraudulently or in contravention of our terms.
   1.4 Information you provide to us: You must ensure that the information you provide to us when submitting an order is accurate, complete and up to date. We take no responsibility for any incorrect or inaccurate information provided by you.
   1.5 Privacy: We collect your personal information to allow us to receive and process your orders and supply you with Products, and we collect and use your information in accordance with the terms of our Privacy Policy. By placing an order through this website and providing us with such information, you consent to the collection of your personal information and for providing such personal information to third parties (including suppliers and delivery contractors) for the purposes of fulfilling and delivering your order and for the other reasons set out in our Privacy Policy.
2. Our Products
   2.1 Product variations: The images of the Products on our website are for illustrative purposes only and although we have made every effort to display our Products accurately, due to the nature of our Products these will all vary (including for example the colour, size or texture).  If a Product does not sufficiently comply with its product description, you may return the Product(s) for a refund or exchange of the Product(s) – for more information see our returns information at section 6 below.
   2.2 Stock availability: Some Products displayed on our website may not be available in all physical stores, or be available to purchase through the website. Dispatch of orders are subject to stock availability and you will be advised if a Product is unavailable.  To the maximum extent permitted by law, we will not be liable to any person if we decline to fulfill, or are unable to fulfil, an order. We also primarily only sell to household customers and we reserve the right to limit the number of items a customer can purchase in a single transaction (e.g. for reasonable or normal household quantities).
3. Pricing and payment
   3.1 Price of the Products: The price of the Product(s), and any delivery or other charges that may apply, are shown in New Zealand dollars and are inclusive of GST. The price for Products as listed on our website exclude delivery or shipping charges and these are payable on the Products purchased and will be calculated and applied on check out when you choose the delivery method. Delivery charges are set out at www.palmers.co.nz/delivery-and-collection/. We endeavor to ensure that all prices listed on our website are consistent with the prices offered at our stores however in some cases prices online and in-store may differ (including, for example, where there are special “online only” promotions). We reserve the right to amend our pricing at any time.
   3.2 When you need to pay and how: You must pay for all online purchases at the time of online checkout, prior to order confirmation, in accordance with one of the payment methods offered on our website. Currently we accept Visa, Master Card and Union Pay credit and debit cards. Where we cannot fulfil an order after you have made payment, a refund will be provided to you.
   3.3 Changes to prices: We may vary the prices on our website at any time. It is possible that, despite our best efforts, some of the prices for Products are incorrectly priced. In the event that the Product’s correct price at your order date is less than the stated price at your order date, we will charge you the lower amount. If the actual correct price is higher than the price stated to you, we will contact you for your instructions and the options that are available to you before we accept and proceed with your order. If there is an obvious and unmistakable pricing error and you could have reasonably recognised that it was a mispricing, we may cancel the order for those Products that have been incorrectly priced and refund you for any sums you have paid (and if applicable, require that you return of any goods already provided to you).
   3.4 Gift cards: Currently you are not able to use Palmers gift cards for your online purchases and you will need to redeem these in-store. In the future you may be able to use the Palmers gift cards as part or for all of your payment for the Products at the checkout, and you will see this option available at check-out when it is available. Additional terms apply to your gift cards – please refer to the terms of your gift card at www.palmers.co.nz/palmers-gift-card-terms-conditions/ for more details.
   3.5 Palmers Reward Programme: Currently you are not able to earn rewards points on online purchases or redeem any rewards you have collected as part of the Palmers Rewards Programme to go towards your online purchases. This option may be available in the future and we will notify you if/when this happens and inform you of any further terms that will apply. For further terms that currently apply to your Palmers Rewards Programme see here for details.
4. Delivery
   4.1 Delivery options and costs: Delivery options and their relevant costs will be set out to you at the time of the submission of your order in your checkout summary when you choose the delivery method. Where delivery is available and you have chosen this option, tracking information will be provided once your order has been shipped. Delivery charges are also set out at palmers.co.nz/delivery-and-collection/. The delivery times listed are estimates only and we will use our reasonable endeavors to deliver the Products to you within that time frame. Please note, that to ensure our products arrive in the best condition possible, we will not dispatch orders on a Friday or a public holiday to avoid our plants being held at a courier depot for longer than necessary.
   4.2 Jurisdiction of our sales: Our website is only for the promotion and sale of our Products in New Zealand and unfortunately we cannot deliver to addresses outside of New Zealand. There may also be some locations in New Zealand that we are not able to ship to and we will contact you if this is the case. Note that we do not deliver to PO Box addresses and larger items such as pots and some furniture items may only be available for click and collect.
   4.3 Your availability for delivery: You will ensure that you, or an authorised person is present to receive delivery at the time the Products arrive to your designated address. If no one is available at the address when our delivery providers are carrying out delivery, you accept that we are authorised to leave the Products at your door step or at the ground level, or gate of your premises.
   4.4 Risk and title: You will be responsible for, and risk in the Products will pass to you upon delivery to your nominated delivery address, and title will pass on payment for the Products in full.
   4.5 Delivery delays: Where the supply or delivery of the Products have been delayed by an event outside our control (including a ‘force majeure event’), then we will contact you as soon as possible to let you know and take steps to minimise the effect of the delay. We will not be responsible for the delays caused by such events.
   4.6 Collect in store: If you have asked to collect the Products from one of our stores, you can collect them from us at the applicable store hours that are listed on our website. You will have 3 – 5 days (depending on the item you have bought) to collect your Products from our store. To ensure your plants remain in optimum health, we recommend you collect your plants as soon as possible and within 3 days from receiving an email from us that your order is ready to be collected. Please contact us if you cannot collect your Products within the time frames, otherwise if you do not collect them within the time frame, we will assume you have cancelled your order.
5. Changes and cancellation
   5.1 Your rights to make changes: If you wish to make a change to your order, please contact us by emailing onlinesupport@palmers.co.nz, and we will let you know if the change is possible. If the Products have not been shipped, we may be able to cancel and refund your order so that you can make a new order online reflecting the changes you would like made. Note that if you make a new order and/or we are able to accept your request to make changes your existing order, there may be changes to the price of the Product, timing of delivery and other consequences involved which we will notify you of before proceeding with your request.
   5.2 Our rights to make changes: We may make minor changes to your order, for example if the Products you have ordered are out of stock. We will notify you where this is the case and you may be able to cancel your order if you are not happy with the change.
   5.3 Our rights to cancel your order: Without limiting our other rights under these terms including under section 2 and 3.3, we may cancel all or any part of your order where: (a) you are in breach of your payment obligations; (b) we reasonably suspect that you are purchasing goods for the purposes of resale or resupply and/or your order purpose is otherwise contrary to the purposes of these terms; (c) it is not possible for us to fulfil or meet your order, for example we become aware after order confirmation that a Product in your order is out of stock; (d) there has been a genuine pricing or product description error; or (e) the transaction is suspected of being the subject of credit card or payment related fraud. In the event of a cancellation by us, we will make reasonable efforts to provide you with reasonable notice of that cancellation and we will refund any amount already paid in respect of any cancelled order.
6. Refunds and returns, and our responsibilities for loss or damage
   6.1 Returns: We stand by the quality of our Product(s) however if you have any questions or complaints about the Product(s), please contact the Palmers store that fulfilled your online order (you will be able to find these details on your packing slip). You will need to return any rejected Products into store or arrange for them to be safely shipped back to us at our designated address (unless otherwise arranged with the Palmers store that fulfilled your order). You will need to pay for the delivery cost of the return. Where your product is faulty, and we are unable to repair or replace it, we may offer a refund. Refunds will be processed instantly in store or within 5 – 10 business days when the Products are returned back to us (and in both cases, it may take a few days for the money to appear in your account depending on your bank).
   6.2 Palmers Promise: If any of the plants you buy from us fail to grow within 12 months from purchase (and such failure to grow is not due to external conditions or causes such as extreme weather, breakages and inadequate care), you can return the plant to the store that you purchased it from, along with your proof of purchase, and we will happily replace the plant for you. If you have purchased the plant from us online and you are unable to make it in store to return the plant, you will need to send a photo of the original plant to via email to the Palmers store that fulfilled your online order for assessment before we can offer you a replacement, and you may need to pay additional delivery costs for such replacement. The replacement plant will be up to the same value of the original plant and only applies to the plant and not any accessories, fertilisers, mixes, delivery fees or other fees or products that are associated with your original purchase. If the replacement plant variety is out of season at the time of your return, then a similar in-season plant will be offered as a replacement. Alternatively, we can place an order for the exact variety and advise when the plant is back in stock and/or may offer you a store credit. This Palmers Promise does not apply to clearance, free or replacement plants that are provided to you, unless a product fault is identified and/or you have rights under New Zealand consumer laws (see section 6.4 below).
   6.3 Change of mind: We do not offer returns or replacement of our Products if you have simply changed your mind, so please choose your items carefully when buying online.
   6.4 Consumer laws: Nothing in these terms will limit or affect your rights as a consumer under the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA) and you have rights under both the CGA and FTA as a consumer. To the extent that you are acquiring the Products for business purposes, you acknowledge and agree that you are acquiring the goods in trade and the CGA will not apply to those Products.
   6.5 Responsibility for loss and damage: Except to the extent permitted by law, including under the CGA and FTA: (a) we do not make any warranties or representations as to the accuracy of information, content, materials or products on our website, and we do not warrant that the goods we deliver to you will be identical to those displayed on our website; (b) our liability to for any claim, damages, loss or expense related to the supply of Product(s) to you is limited to the amount paid by you for such Product(s); and (c) all other warranties, representations and guarantees (whether express, implied or statutory) are hereby excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness. Neither you nor we will be liable to the other for any loss of profits, or indirect or consequential damages, losses or expenses of any kind that are incurred by a party in connection with these terms.
7. Other important terms
   7.1 Assignment: We may assign or transfer our rights and obligations under these terms to someone else, so long as this does not materially affect your rights. You may not assign transfer your rights under these terms without our permission (which will not be unreasonably withheld).
   7.2 Severability: If any part of these terms is held to be invalid, unenforceable or illegal, then the rest of these terms will continue in full force and effect.
   7.3 Intellectual property and use of our website: The design and content within our website is intellectual property which is either owner or licensed by us. The website is for your personal use and you may not copy, alter, reproduce and/or utilise parts of the content on our website, including for data mining, without our prior written permission. Each of the trade marks, product names, corporate identities and other intellectual property that appear on our website is the property of individual companies, used by us with their permission, and are not to be reproduced or used without the permission of its owner. You will not damage the operation of our website, including by way of introducing a virus, corrupt file or otherwise. Further, if you wish to link to any part of this site in your own materials, you must get prior written consent from us. We reserve the right to suspend your use of the website if you reasonably believe that you have breached these terms or the law.
   7.4 Site content: While we have endeavored to ensure that the information we have provided on our website is free from error, it is provided “as is” and “as available” and without warranties of any kind either express or implied. We do not warrant that our website is error free, free of viruses or other harmful components. We are not responsible for any third party content or links posted on this website as these are provided for convenience only and we do not monitor the content on those links.
   7.5 Governing law: These terms are governed by the laws of New Zealand and the courts of New Zealand will have exclusive jurisdiction.