Terms & Conditions
LEGALS NOTICES & CREDITS
INTELLECTUAL PROPERTY RIGHTS
The trademarks, logos, drawings, models and, more generally, all distinctive signs present on the site www.NeoZealand.com are the exclusive property of NZ Ventures Ltd. (NZV).
Accordingly, NZV shall take legal action against any person who, directly or indirectly, adversely affects its rights.
NZV also advises you that this site is a copyrighted work. NZV holds copyrights for each page constituting this site, its structure, as well as all elements featured therein (photographs, texts, etc.). As such, we remind you that any use or reproduction of any part of the site is strictly prohibited.
WEBSITE PUBLISHER:
NZ Ventures Ltd.
8 Central Terrace
Wellington
New Zealand 6012
TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SALE
NZ Ventures Ltd., with its registered address at 8 Central Terrace, Wellington, New Zealand 6012, (hereinafter "NZV"), operates a website accessible at the address https://www.NeoZealand.com/ (hereinafter the "Website").
General terms and conditions of the NZV online shop
Welcome to the NZV online shop!
Once you have registered, you will benefit from both of the following services:
The following contains our general terms and conditions for business relationships between NZV and you as a user of our delivery services via our online platform www.NeoZealand.com. Please read through these general terms and conditions, as well as our data protection statement, carefully!
Section I: General provisions
Scope of application and provider
Registration, account, access data
Order process
Coupons and discounts
Image rights and trademarks
Section II: Specific conditions for use of our delivery service
Conclusion of contract
Conditions of delivery
Prices and shipping costs
Payment terms
Retention of title
Cancellation rights
Contractual return rights
Warranty claims and liability
Section III: Final provisions
Governing law
Information regarding extrajudicial settlements
Legal consequences of the invalidity of individual regulations
Section I: General provisions
Scope of application and provider
The general terms and conditions set out below apply to your registration as a customer in our NZV online shop, your use of the website, your use of the NZV delivery service.
The NZV online shop is operated by
NZ Ventures Ltd.
8 Central Terrace
Wellington
New Zealand 6012
Tel: +64 221 000 149
E-mail: contacts[@]nzvpartners.com
Registration, account, access data
To register in our NZV online shop and be able to use our NZV delivery services, you must be at least 18 years old and be authorized to enter into a binding contract with us, without being constrained by the applicable laws.
You guarantee that the information that you submit to us during registration is accurate, correct and complete, and that you will notify us immediately of any changes to this information.
Each user is permitted to create one account only.
As a user, you are not permitted to give third parties access to the access data for your account in our NZV online shop. This is to ensure that no third parties can misuse your account.
You hereby acknowledge that you are responsible for each time that your user name and password is used to access our NZV online shop, as far as this was caused by at least negligent acts or omissions.
If you lose your user name and password, these are stolen or you realize that your account has been used by a third party without your knowledge, you must contact us and change your password as soon as possible.
Order process
You can place the products available at www.NeoZealand.com in your shopping cart for the NZV delivery service. You can see and change your selection of items at any time before the order is placed and paid for.
You are permitted to use site, purchase our Products and use our delivery service services only if you accept the general terms and conditions by clicking on the "Accept GTC" button.
Coupons and discounts
Coupons, discounts and other benefits must not be used in combination with each other and are for use only upon conclusion of the contract and in consideration of the relevant conditions. A cash payment in exchange for coupons is not possible.
Image rights and trademarks
All image rights and trademarks are held by NZV or its commercial partners. Use without express written permission is prohibited.
Section II: Specific conditions for use of our NZV delivery service
Conclusion of contract
The products presented in our NZV online shop do not constitute a binding offer. By pressing the "[Buy]" button, you are making a legally binding offer to buy the products that are in your personal shopping cart. Our products are sold for personal use in standard household quantities only.
An automated e-mail will be sent immediately after you have placed the order to confirm its receipt. This e-mail reflects only that we have received your order and does not constitute the acceptance of your order.
We may accept your order by sending you a separate order confirmation by e-mail or by shipping the goods within three working days. You will be informed promptly of shipment by e-mail.
We will save the terms of our contract and send you the order information (consisting of your order, the GTCs and order confirmation) by e-mail. You can view past orders in your account.
Contracts with customers of our online shop are made exclusively in English.
Conditions of delivery and self-supply reservation
Deliveries are made globally, subject to country specific Customs, Health & Safety, Tax and Regulatory constraints.
Unless otherwise stated on product selection, the delivery period usually is indicated on the order form, and is based on the DHL delivery plan selected by you. Please note in particular that there may be occasional delays in delivery due to the COVID-19 pandemic or other externalities, which may adversely impact timely deliveries. The delivery period indicated by us begins when we confirm the order, provided the purchase price has been paid in advance.
We may deliver ordered products separately, provided that the products can be used individually, in which case we will pay any additional shipping costs.
If the goods cannot be delivered after three delivery attempts and this is your fault, we reserve the right to rescind the contract. In this case, full reimbursement will be made immediately for all payments made, minus a reasonable order handling and processing charge.
If the ordered product is not available, through no fault of our own, we have not received this product from our supplier and will not receive the product in the foreseeable future, we reserve the right to rescind the contract. In this case, we will inform you immediately and, if possible, propose the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will promptly refund any purchase price and relevant shipping costs paid by you.
Due to necessary technical processes within our goods management system, in rare instances a particular vintage or batch of products may be temporarily out of stock. In such cases, we will automatically provide you with the subsequent batch, provided that it is similar in variety, price and quality.
Prices and shipping costs
The prices quoted on the product pages of our NZV online shop are in Euro and include the relevant legal VAT and other price components.
The final prices quoted on an order may include shipping costs, if starting from an order amount of at least:
--EUR 120.00 (one hundred and twenty euros) for Germany;
--EUR 150.00 (one hundred and fifty euros) for Austria, Switzerland, Holland, Denmark, The United Kingdom, Ireland, Finland, Sweden, Norway, Portugal(continental), Spain(continental), France(continental), Italy, Poland, Hungary, Luxembourg, Belgium, Czech Republic, Slovakia;
--EUR 250.00 (two hundred and fifty euros) for Romania, Albania, Bulgaria, Greece, Croatia, Montenegro, Kosovo, Slovenia, Russia, Ukraine, Bosnia & Herzegovina, Turkey, Iceland, USA(continental), Canada; &
--EUR 300.00 (three hundred euros) for all other countries and destinations.
If the order amount is less than the respective threshold defined above, you are responsible for the DHL shipping charge, as displayed in you final check-out stage of your purchase.
As part of temporary promotions we may make exceptions in favour of individual or all customers, entirely at our discretion.
Payment terms
The purchase price is due for payment when we accept the order.
You may pay by Credit Card, Bank Transfer or PayPal.
Retention of title
We retain the title to all goods until full payment is received. Prior to transfer of title, products may not be pledged, assigned for security purposes, processed or redesigned without our consent.
Cancellation rights
If you are a consumer (i.e. a natural person who places an order for purposes that do not primarily involve commercial or freelance business activities), you have cancellation rights as provided by applicable law.
With respect to your cancellation rights, we hereby advise you as follows:
Statutory right of withdrawal
If the customer is an EU based consumer (as per § 13 of the German Commercial Code), he/she shall be entitled to withdraw from this Contract within fourteen (14) days. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered.
In order to exercise the statutory right of withdrawal, the customer must notify NZV of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail, or email).
The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Consequences of withdrawal
If the EU customer withdraws from this Contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods and have been able to assess the condition of the return goods or until the customer has provided proof that he/she has returned the goods in mint condition, whichever is earlier and the goods are in mint and re-sellable condition.
The customer must return or hand over the goods to us without any delay and no later than fourteen (14) days from the date on which he/she notifies us in writing of their respective withdrawal from this Contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline, safely packed in its original condition. We shall bear the costs of returning the goods and shall advise the customer of our chosen methods of delivery of the product/s back to us.
The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
Exclusions from the statutory right of withdrawal
The statutory right of withdrawal shall not apply in the following cases:
-Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
-Delivery of foods, perishable or sealed goods, skincare and cosmetics, which are not suitable to (including goods that need special handling, temperature controlled storage environment, like meats, sea food, fruits, honey, dairy, etc.) be returned for reasons relating to health protection or hygiene, or if any part of the packaging or their safety seal/(s) has been opened, damaged, removed or altered.
-Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
-Delivery of newspapers, journals or magazines, excluding subscription contracts. You have the right to cancel this contract within 14 days for any or no reason.
-Delivery of goods if, due to the nature of the goods, these were mixed inseparably with other goods after delivery,
-Delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract but which can only be delivered 30 days after completion of the contract at the earliest, and for which the actual value depends on fluctuations in the market over which the company has no influence.
The cancellation period is 14 days from the day on which you or a third party designated by you, other than the carrier, received the goods.
You must ship the goods back to us personally or return them promptly, in any event not later than 14 days from the date on which you provide us with notice of cancellation.
The cancellation form is available to download here [href – link to .pdf].
Warranty claims and liability
Defective delivered products are subject to contractual warranty claims.
We are liable in all instances of contractual and extra-contractual liability in cases of intent or gross negligence in accordance with the legal provisions for claiming compensation or replacement parts for expenses incurred.
In some cases we are liable - unless regulated otherwise herein - only in the event of a breach of a contractual obligation, the fulfillment of which would enable the contract to be fulfilled properly in the first place and on the compliance of which you as a customer can regularly reply (cardinal duty), limited as this is to the replacement of foreseeable and typical damage. In all other cases, our liability is excluded subject to the provisions hereinabove.
Our liability for damages resulting from injury to life, the body or health, remains unaffected by the above limitations and exclusions of liability for guaranteed characteristics and in accordance with the German Product Liability Act.
Section IV: Final provisions
Governing law
The business relationship that exists between you and us is subject to the laws of New Zealand, excluding the UN Convention on Contracts for the International Sale of Goods.
Information regarding extrajudicial settlements
The European commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr. We are also obliged by law to inform you about the competent extrajudicial settlement committee: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Strassburger Strasse 8, 77694 Kehl am Rhein, http://verbraucher-schlichter.de. NZV Foods GmbH does not participate in either dispute resolution or settlement processes. Please refer to our customer services.
Legal consequences of the invalidity of individual regulations
If a provision of these general terms and conditions is invalid, this shall not affect the validity of the contract as a whole. The relevant legal regulations shall apply in place of the ineffective provisions.
Date: May 2024