Terms & Conditions
Terms & Conditions
Acceptance of terms
All users of the www.beijaflor.co.nz website, agree by entering this site to adhere to the Terms and Conditions stipulated here.
These terms and conditions govern all supply of goods and services ("products") by Penard Retail Limited (trading as Beija Flor) to you.
We reserve the right to change these terms of trade and any revised terms and conditions will be posted on our website.
To make a purchase from our online shop you must be 18 years of age or over.
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supply
All orders are subject to the availability of those products or services. If an item is out of stock a representative from Beija Flor will contact you to discuss an anticipated dispatch time or an alternative.
Display of Colours
All computer screens display colours slightly differently. The colours you see when you visit our website may differ slightly from the actual product colour.
Delivery and delivery charges
Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
We offer free delivery within New Zealand to street addresses in major towns and cities within the North and South Island. Please email us at firstname.lastname@example.org for shipping quotes for rural address or outside New Zealand.
Our objective is to dispatch orders the following working day (we dispatch Monday to Friday). For most North Island locations delivery will be overnight. Delivery for South Island major towns and cities will be 2 working days. Please add a further 1-2 working days for rural deliveries.
Beija Flor will not be liable for orders that are delivered outside these times due to unforeseen circumstances.
Our prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST"). All prices are correct when published. We reserve the right to alter prices at any time.
We accept the following credit cards:
Visa and MasterCard
If you are uncomfortable ordering online by credit card you are welcome to contact us at email@example.com and place your order by email. You can choose to pay via internet banking.
Beija Flor l only accepts payment through this website via valid debit or credit cards. Transactions from countries other than New Zealand are not accepted. All transactions other than the bank deposit option, are carried out using a third-party payment gateway – Payment Express. For further information regarding how Payment Express encrypts and processes payments, please visit https://www.paymentexpress.co.nz.
Please note that all sales are final unless the goods purchased are faulty or damaged in transit. As per New Zealand's Consumer Guarantee Act 1993, you will be entitled to the repair, replacement and (if item cannot be repaired or replaced) a refund on the item purchased if it is faulty.
We do not accept returned goods for a refund for change of mind, but we will allow items to be exchanged provided they are returned in the original packaging, in an unused condition and within 10 working days. Postage and packaging will not be refunded unless the products arriving with you are damaged or faulty. To return an item please contact us at firstname.lastname@example.org for a return authorisation and details of our return process.
If you are exchanging an item, we will charge a shipping cost to send out a replacement. The cost to ship a replacement item will be $10. A replacement item will be processed within 2 day of receiving the returned goods, upon acceptance they are in original unused condition.
If you are returning a product for a refund under the Consumer Guarantee Act (i.e. where an items cannot be repaired or replaced we will need your contact details and a New Zealand bank account to process the refund to. Refunds will be processed within 5 working days of receiving the return goods. When we have received and processed a return we will contact you to confirm the refund and when it will be paid.
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supply incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above-mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of the Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
Collection of Information
When you make a purchase from Beija Flor, we will collect information to facilitate the buying and selling process. This will include your name, address, phone number and email address. This may be from correspondence with you via telephone, email, mail, fax or directly through our website. When you browse our website and have set permissions to do so, we also receive your computers internet protocol (IP) address.
Use of collected information
Information from Beija Flor customers is collected in order to supply you with the goods and services you have purchased from us, to obtain payment, to contact you in relation to your order, and to provide you with the best possible service. This information may also be used in an aggregated form to provide us with information that will be used to help us better understand our customers.
We may send you emails about our products and promotions. If we do this, we will provide you the opportunity to opt out.
We reserve the right to disclose your personally identifiable information as required by law, and when we believe that disclosure is necessary to protect our rights, or if you violate our terms of service.
Storage of Information
The protection of your personal information is important to us. When you enter information such as credit card numbers, the information is encrypted using secure socket layer technology (SSL). Credit card details are used by the payment gateway provider, and are not stored in their entirety by us.
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.beijaflor.co.nz
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.