Terms of Service

These terms of service regulate the business relationship between you and us.  By using Our Website in any way, or by buying from us, you agree to be bound by them.

We are: Sativa Botanicals

Our address is: 142 Guyton Street, Whanganui 4500, New Zealand

You are: a visitor to Our Website / our customer

1.  Definitions

In this agreement:

“Carrier”  means any person or business contracted by us to carry Goods from us to you.

“Content”  means any content in any form published on Sativa Botanical's Website by us or any third party with our consent.

“Goods”  means any of the goods we offer for sale on Our Website, or if the context requires, goods we sell to you.

“Our Website”  means any website of Sativa Botanicals, and includes all web pages controlled by us.

"Post"  means display, exhibit, publish, distribute, transmit and/or disclose information, content and/or other material on to our website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

2.  Interpretation

In this agreement unless the context otherwise requires:

  1. A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

  2. These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

  3. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

  4. These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

3.  Our contract with you

  1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

  2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

  3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

  4. Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

  5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

  6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

  7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

4.  Acceptance of your order

  1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.

  2. Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall dispatch your order.

  3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

    1. accept the alternatives we offer.

    2. cancel all or part of your order.

5.  Price and Payment

  1. The price payable for the Goods that you order is clearly set out on Our Website.

  2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.

  3. Prices are advertised in New Zealand dollars and include goods and services tax (“GST”). 

  4. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.

  5. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand dollar will be borne by you.

  6. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

  7. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

  8. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

  9. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

  10. The name that will appear on your statement will be “Sativa Botanicals”.

  11. Your account will be charged in New Zealand Dollars.

 

6.  Security of your credit card

We take care to make Our Website safe for you to use.

  1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

  2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

 

7.  Cancellation and refunds

The following rules apply to cancellation of your order:

  1. If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.

  2. If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.

  3. We will return your money subject to the following conditions:

    1. we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.

    2. you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.

  4. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.

  5. In any of the above scenarios, we will return your money within 14 days.

8.  Delivery and pick up

  1. Goods are delivered within 30 days from the day you place an order to purchase the Goods.

  2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.

  3. We may deliver the Goods in installments if they are not all available at the same time for delivery.

  4. Goods are sent by post. We will send you a message by email to tell you when we have dispatched your order.

9.  Foreign taxes and duties

  1. If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.

  2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

10.  Your account with us

  1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

  2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

  3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

11.  Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

  1. Be malicious or defamatory;

  2. Consist in commercial audio, video or music files;

  3. Be illegal, obscene, offensive, threatening or violent;

  4. Be sexually explicit or pornographic;

  5. Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

  6. Give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

  7. Solicit passwords or personal information from anyone;

  8. Be used to sell any goods or services or for any other commercial use;

  9. Include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

  10. Link to any of the material specified above, in this paragraph;

  11. Send age-inappropriate communications or Content to anyone under the age of 18.

 

12.  Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

  1. Hyperlinks, other than those specifically authorised by us;

  2. Keywords or words repeated, which are irrelevant to the content posted;

  3. The name, logo or trademark of any organisation other than ours;

  4. Inaccurate, false, or misleading information.

13.  Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

  1. Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

  2. Link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

  3. Download any part of Our Website, without our express written consent;

  4. Collect or use any product listings, descriptions, or prices;

  5. Collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

  6. Aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

  7. Share with a third party any login credentials to Our Website.

  8. Despite the above terms, we now grant a licence to you to:

    1. Create a hyperlink to our website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

    2. You may copy the text of any page for your personal use in connection with the purpose of our website.

14.  Intellectual Property

  1. We will defend the intellectual property rights in connection with our goods and our website, including copyright in the content whether provided by us or by any other content providers (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

  2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.

  3. You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.

  4. Subject to the other terms of this agreement, you may download or copy  content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content.

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