Steel Fern Ltd
Welcome to the www.steelfern.com and www.steelfern.co.nz websites terms and conditions for use. These terms and conditions apply to the use of www.steelfern.com and www.steelfern.co.nz websites and by www.steelfern.com or www.steelfern.co.nz websites and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access www.steelfern.com or www.steelfern.co.nz websites.
Before you place an order, if you have any questions relating to these terms and conditions please contact Steel Fern by e-mailing email@example.com, or calling us on +64 6 8421325
“Conditions” means these terms and conditions and the “Special Conditions”; “Product” means a product displayed for sale on the Website; “Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided; “Special Conditions” means the terms and conditions in the Product Description; “Users” means the users of the Website collectively; “Personal Information” means the details provided by you on registration; “We/us” means Steel Fern Ltd; “Website” means the website located at www.steelfern.co.nz or any subsequent URL which may replace it; “Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer.
Use of the website
You are provided with access to www.steelfern.com or www.steelfern.co.nz websites in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
You will notify us immediately of any changes to your Personal Information by contacting Steel Fern Ltd by e-mail, or calling us on +64 6 842 1325
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Steel Fern Ltd will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable New Zealand Data Protection and consumer legislation from time to time in place.
When you shop on the www.steelfern.com or www.steelfern.co.nz websites, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”). We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our website. We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the New Zealand Privacy Act 1993. We use your information only for the following purposes:
1. Processing your orders;
2. For statistical or survey purposes to improve this Website and its services to you;
3. To serve website content and advertisements to you;
4. To administer this website;
5. If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the New Zealand Privacy Act 1993.
When you create a shopping cart while ordering online you will be given the option to receive information from Steel Fern Ltd by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word “unsubscribe” in the subject line, by e-mailing us at firstname.lastname@example.org telephoning us on +64 6 8421325
Your Personal Information may be disclosed to other businesses within Steel Fern Ltd and to reputable third parties who will help process your order. Steel Fern Ltd requires all such third parties to treat your personal information as fully confidential and to fully comply with all sections of the New Zealand Privacy Act 2003 and consumer legislation from time to time in place. We will not release your Personal Information to any company outside of Steel Fern Ltd for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
When entering any of our prize draws or competitions, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
Administrative Head Office of Steel Fern Ltd as follows:
Steel Fern Ltd
P.O. Box 3134
Hawkes Bay Mail Centre
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of www.steelfern.com or www.steelfern.co.nz websites, or the use by any other person accessing www.steelfern.com or www.steelfern.co.nz websites using your shopping account and/or your personal Information.
We reserve the right to modify or withdraw, temporarily or permanently, www.steelfern.com and/or www.steelfern.co.nz websites (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the www.steelfern.com and www.steelfern.co.nz websites.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the www.steelfern.com and www.steelfern.co.nz websites.
Contract creation and electronic contracting
The technical steps required creating the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Steel Fern Ltd.
- Order acceptance and the completion of the contract between you and Steel Fern Ltd will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order.
Non-acceptance of an order may be a result of one of the following:
a. The product you ordered being unavailable from stock.
b. Our inability to obtain authorisation for your payment.
c. The identification of a pricing or product description error.
d. You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
e. The contract will be concluded in English.
- If you have cancelled your order in accordance with the instructions in Contract Cancellation (see below)
- The details of your specific contract will not be filed by Steel Fern Ltd.
Steel Fern Ltd
P. O. Box 3134
Hawkes Bay Mail Centre
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no later than seven working days after the day on which you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been dispatched please follow the procedure set out in our Returns Procedure.
When you place an order, should you realise you have made a mistake or change your mind, we are unable to amend or cancel your order on Saturday, Sunday, a public holiday under the NZ Holidays Act 2003 or at any other time that our website has listed that the office is closed.
Description of products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the www.steelfern.com and www.steelfern.co.nz websites are correct at the time when the relevant information was entered onto the system. Although we aim to keep the www.steelfern.com and www.steelfern.co.nz websites as up to date as possible, the information including Product Descriptions appearing on these websites at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order Acceptance Policy.
In the event of supply difficulties, we reserve the right to substitute goods or packaging of equal quality and value.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the www.steelfern.com and www.steelfern.co.nz websites shall remain at all times vested in Steel Fern Ltd. You are permitted to use this material only as expressly authorized by Steel Fern Ltd.
You acknowledge and agree that the material and content contained within the www.steelfern.com and www.steelfern.co.nz websites is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The www.steelfern.com and www.steelfern.co.nz websites may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While Steel Fern Ltd will use reasonable endeavours to verify the accuracy of any information we place on the www.steelfern.com and www.steelfern.co.nz websites, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the www.steelfern.com and www.steelfern.co.nz websites will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Steel Fern Ltd and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.
94 Bledisloe Road
P. O. Box 3134
Hawkes Bay Mail Centre