1.         Online Terms of Sale 

1.1        Please read these Terms carefully.  They apply to the purchase of goods and services through our Website.  Any use of the Website will also be subject to our Website Disclaimer and Privacy Policy (together referred to as the "Website Terms"). 

1.2        If you do not accept these Terms or the Website Terms, you must refrain from using our Website or making a purchase from our Website. 

1.3        If you are a Farmlands shareholder, our Shareholder Terms will also apply to any purchase you make through our Website using your Farmlands Card.  In the event of any conflict or inconsistencies between these Terms and the Shareholder Terms, the Shareholder Terms will apply. 

1.4         The content of the Website, including products, services, and information, may be updated or changed at any time. These Terms may also be revised periodically without prior notice. Such changes may include entirely new Terms. Any updates will be posted on this Website, and the changes will take effect from the date they are posted. 

2.          Definitions

2.1        In these Terms: 

"Card Partner" means any agent, merchant, retailer or supplier bound by a supply agreement with Farmlands (including any Farmlands Card or Card Partner Agreement). 

"Cards” means Farmland Card and/or any Debit/Credit Card by Visa and Mastercard. 

"Farmlands Card" has the meaning given in the Shareholder Terms. 

"Good(s)" means any goods or services that you have ordered or purchased from us through the Website. 

“In stock” means goods available for immediate purchase from Farmlands. 

"Order" means any request by you to purchase Goods from us through the Website. 

"Online Account" means an account for Farmlands Website which allows a user to login online. 

"Return Fee” means a charge applied when a good(s) is returned to Farmlands, generally covering the cost of processing the return and handling the good(s). 

"Shareholder Terms" means the terms that apply to Farmlands shareholders as updated from time to time which can be found here. 

"Shopify Payment” means the payment gateway we use to process payments made by you using, credit and/or debit cards. 

"Centrapay Payment” means the payment gateway we use to process payments made by you using Farmlands Card. "Terms" means these online shopping terms. 

"Website" means www.farmlands.co.nz and any other website operated by Farmlands and includes our online shopping website at www.shop.farmlands.co.nz.    

"Website Terms" means our Website Disclaimer and Privacy Policy. 

2.2        Any capitalised words that are not separated defined in these Terms have the meaning given in the Shareholder Terms. 

3.          Online orders 

3.1        Goods can be purchased by way of online order from the Website following the instructions provided.  You must be over the age of 18 to place an Order on our Website. By accepting these Online Terms of Sale, you confirm you are over the age of 18 years. 

3.2        Once your Order has been accepted by us, this will constitute a binding contract for the supply of Goods on these Terms.  We will confirm acceptance of your Order by sending an order confirmation to your nominated email address. 

3.3        We may decline to fulfil any Order, or we may cancel any Order before the Goods have been dispatched. Any payment you make for an Order which we cancel or refuse to fulfil will be refunded in full. 

3.4        All Orders are subject to the availability of the Goods. 

3.5        We may limit the number or quantity of Goods you can purchase in any transaction. 

3.6        Any advertised specials, including clearance specials, are strictly limited, only available on the advertised dates and while stocks last. Shareholder discounts are applied only to eligible Goods.  Any discounts shown are discounts off our standard retail price. 

4.          Price and payment 

4.1        All prices are in New Zealand Dollars (NZD) and inclusive of GST. Delivery charges are not included in the displayed prices and will be added at checkout. Prices are subject to change without prior notice. 

4.2        Payment for Goods (and delivery charges) must be made immediately upon an Order being placed. 

4.3        If a price displayed on our Website is incorrect, we may contact you before processing the delivery of the Goods to confirm whether you wish to continue with the Order at the correct price. We will then arrange any additional payment or refund to ensure you are charged the correct price. 

4.4        You can buy Goods displayed on our website using our online card transaction facility. We use  Centrapay (Centrapay Payment) to process online payments using your Farmlands Card and Shopify Payment to process online payments using your credit and debit cards. 

 4.5 Debit and/or Credit Card Transactions: Farmlands Shareholders who make purchases using a debit and/or credit card on our website (shop.farmlands.co.nz) will not see these transactions reflected in their Farmlands account history or statements. Farmlands shareholders discounts on eligible goods are applied at the checkout. Farmlands shareholders are not eligible to obtain the End of the Year Rebate for the purchases made through Debit and/or Credit Card Transactions.  

4.6 Farmlands Card Transactions: Transactions made using the Farmlands Card (charged to account) will be recorded and visible in your Farmlands account history and statements. Farmlands shareholder discounts on eligible goods are applied at the checkout. Farmlands shareholders may be eligible to obtain the End of the Year Rebate for the purchases made through Farmlands Card Transactions, subject to Farmlands Shareholder Terms. 

5.          Delivery and collection 

5.1        You can choose to have your Order delivered or you can choose to collect the Goods from your selected Farmlands store, where they are available, using our “Pick-Up In Store” option. 

5.2        You must pay all delivery charges for any Goods you order from us, as calculated at the time of purchase. 

5.3        We only deliver to street addresses in New Zealand. A total delivery cost will be provided in the Order summary at the time of purchase. 

5.4        We will use all reasonable endeavours to ensure that Goods are dispatched promptly after an Order has been confirmed.  We do not, however, accept liability for any loss or damage arising from late delivery of the Goods and any late delivery will not entitle you to cancel an Order. 

5.5        You are responsible for ensuring the correct delivery address details are provided when you place an Order. We will not be liable for any costs in relation to the resending of an order if you have provided incorrect delivery address. Any additional costs in relation to re-delivery will be your responsibility. Farmlands is not responsible for any Order that is delayed, declined or not accepted due to any interruption to an internet connection or computer issue. 

5.6        Not all Goods can be delivered, and some must be collected in store. Where a Good that you order cannot be delivered, you will be advised of this before completing your Order. 

5.7        If your Order is being delivered, you will receive an email notifying you of the shipping reference when your Order has been shipped. If you receive a courier shipping reference, you can track your item by following the link contained in the shipping reference email. If Farmlands is providing the delivery services, we will notify the delivery day and may provide an estimated time range (either a.m. or p.m.). 

5.8        All deliveries must be signed on acceptance of the delivery. If the delivery courier is unable to obtain a signature, a calling card will be left with details as to how you may arrange a pickup or re-delivery of your order. Re-delivery may incur additional charges. 

5.9        If any Goods arrive damaged, please contact our Customer Service Team within 24 hours of delivery. Farmlands' Customer Service Team will arrange to have the damaged item returned and either repair or replace the goods or refund the price to you, at Farmlands full and absolute election. 

5.10      Damaged Goods must be returned in the condition received by you with all original packaging, together with all packing slips. 

5.11      If you have selected the “Pick-Up In Store” option, you will be notified when your Order is available for collection from the nominated Farmlands store. Items are not necessarily available at your chosen store. The indicated stock levels reflect Farmlands as a whole so there may be a delay between the time that you place your Order and the date on which it is ready to be collected.  When you visit your chosen Farmlands store, please be sure to bring your order confirmation (we accept digital versions) and at least one form of photo identification. 

6.          Refunds and returns 

6.1        Farmlands allows for returns and refunds of purchases within 30 days with proof of purchase for change of mind as set out in our Returns Policy. 

6.2        Goods can be returned to any Farmlands store. 

6.3        Where possible, Farmlands will make a refund to the same method of payment that was used to pay for an Order.  Delivery charges paid as part of the original Order is not refundable.   

6.4        Farmlands reserves the right to charge a Return Fee in addition to any delivery charges. 

6.5        You acknowledge that the following Goods cannot be returned in any circumstances: 

(a)         Seed; 

(b)         partial containers of products, 

or any similar products and such other Goods as notified from time to time and recorded in Farmlands Returns Policy. 

6.6        This clause 6 and our Returns Policy is not intended to exclude or limit any rights that you may have as a consumer under the Consumer Guarantees Act 1993, and may not necessarily describe all rights you may have. 

7.          Claims and liability limitation 

7.1        You acknowledge that any advice, information or recommendation given by Farmlands is given in good faith and based on any information you have provided but that the decision to order and use Goods or to follow any recommendation is your decision alone. 

7.2        To the extent permitted by law, Farmlands: 

(a)         excludes all recommendations, warranties, descriptions, representations and conditions in relation to Goods, whether expressed or implied by law, trade, custom or otherwise and whether relating to fitness, merchantability, suitability for purpose and otherwise and all specified conditions even though such conditions may be known by Farmlands; 

(b)         shall not be responsible for any loss or liability caused by failure or refusal to supply Goods or the defective supply of Goods; 

(c)         excludes all liability to you and any third party, whether in tort, contract, equity or otherwise, for any loss or liability whatsoever (including but not limited to recommendations, seed pre-mixed with fertiliser, seed description, growth, parity, productiveness, resultant crop, and agrichemical and chemical application) whether direct, indirect, special or consequential except where it arises from Farmlands' proven negligence. 

7.3        If Farmlands is ever liable to you or any third party (whether in negligence or otherwise) and, for any reason whatsoever, cannot rely on the exclusion of liability set out in clause 7.2, the maximum amount Farmlands will have to pay you and any third party combined in respect of the Goods is limited to the purchase price you have paid for the Goods (unless you purchase Goods using your Farmlands Card in which case the Shareholder Terms will apply).  This limitation applies to the extent permitted by law, whatever you or any third party is claiming for and however liability arises or might arise if not for this clause. 

7.4        If you acquire Goods for business purposes, the Consumer Guarantees Act 1993 does not apply to the Goods.  Farmlands does not contract out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act. 

7.5        If Goods are both supplied and acquired in trade for the purposes of the Fair Trading Act 1986, you agree with Farmlands to contract out of sections 9, 12A and 13 of that Act. 

7.6        Farmlands may, at its complete discretion, replace or give credit for Goods not supplied, incorrectly recorded or established to be defective. 

7.7        Where any Goods are sold on a clearance basis, Farmlands will not be liable for any damage or faults that were specifically drawn to your attention before purchase. 

8.          Contact 

8.1        Where you have an issue relating to your Order, please immediately contact the Customer Service Team on 0800 200 600. Please have your Order number available. 

9.          Website and Data Use 

9.1        You can use our Website as a guest or you can register for an Online Account. As part of the registration process, you can consent to receiving Promotional Material from us by email on an ongoing basis. Such material may include, but is not limited to, exclusive offers, giveaways, competitions, product releases and events. You may withdraw consent and unsubscribe at any time from receiving further promotional material by following the unsubscribe function in your Online Account or in any email containing promotional material. 

9.2        The details we capture as part of the Order process will be saved by us.  You agree that any personal information provided to, obtained or retained by Farmlands about you may be held and used in accordance with Farmlands' Data Privacy Commitment published on the Website or for any of the following purposes: 

(a)         administering your Online Account (if applicable); 

(b)         the supply of Goods; 

(c)         handling claims, disputes and customer relations issues; 

(d)         enforcing these Terms; 

(e)         the marketing of goods and services including emails and market research by Farmlands (and Farmlands' suppliers, including Card Partners). 

9.3        You authorise Farmlands to provide any personal information (along with details of any dealing between you and Farmlands) to Farmlands' related entities, Card Partners, contractors, agents and any third party. 

9.4        You have the right to inspect any personal data held about you and request to have it corrected, if necessary.  If you would like to know what personal data Farmlands holds about you (if any) please contact privacy@farmlands.co.nz.  Farmlands full Data Privacy Commitment is available on our Website. 

9.5        It is your responsibility to ensure that your use of the Website and any links or files or downloads from the Website do not expose your computer to viruses, malicious computer code or anything else that may interfere with or damage your computer or any information. 

9.6        If you breach, or we suspect that you have breached these Terms, we may suspend or terminate your Online Account and any future memberships, registrations, accounts or current or future accounts held by Farmland or its related entities. All decisions under this clause are final and are at the sole discretion of Farmlands. 

9.7        Your information helps us measure the number of visitors to different parts of the site and for different purposes connected with the provision of goods or services. For example, we can measure the effectiveness of advertising, auditing the use of the site and improving it for different customer profiles, internal reporting and general system administration. 

9.8        Although we publish aggregated information about usage patterns, it does not include information about individual machines (your computer) or persons (you), unless it is one of the reasons listed under the heading “How we use your data” in our Privacy Policy. If we are concerned about security issues, we may gather more data and if necessary, we can disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs. 

9.9        Our Website places a “cookie” on the hard drive of your computer. In addition, our Website uses third party cookies from Google Analytics for Display Advertisers, including the following features: 

(a)         Google Display Network Impression Reporting – gives us additional insight into who has viewed our paid digital advertising on other websites. This helps create more effective advertising, saving shareholders money. 

(b)         DoubleClick Platform integrations and Remarketing with Google Analytics – integrating both our web analytics and paid advertising platforms allows us to further tailor our advertising, making sure you see the right types of offers for your requirements, when you are using the internet outside our website. 

(c)         Google Analytics Demographics and Interest Reporting – gives us insight into behaviour, demographics and interests on an anonymous and aggregate level. This means we can better understand the interests of people by age and gender, meaning shareholders see products that benefit them when visiting our sites. 

9.10      Cookies are used to analyse your use of our Website and to serve ads when you visit our Website. The information we collect and share with third parties through cookies is aggregated and therefore anonymous (it does not include personal data likely to identify you). The information may be used to serve you ads in relation to our products when you visit our website and third-party websites. Google's privacy policy may also apply when you visit our website. You can access information about Google's Privacy Policy here. 

9.11      While we recommend users enable cookies on their browsers in order to enjoy all the features of our Website, the decision remains in your hands. If you make a purchase from www.shop.farmlands.co.nz you will be required to enable cookies. Most browsers allow you to control management of cookies, this will be different depending on each user's PC – refer to your browser help menu for further information. 

9.12      Farmlands will take all practical and sensible steps to protect your personal data from misuse, loss and from unauthorised access, modification or disclosure. Your personal data is housed in our Microsoft Azure cloud hosted, an enterprise-grade platform with high availability and good practice security protocols. Farmlands retains full responsibility for the management of this platform. Farmlands uses industry standard encryption protocols and enterprise-grade cyber security systems, which have been tested. 

9.13      When signing in using your Online Account or shopping online, look for the 'padlock' symbol at the bottom of your web browser. The 'padlock' symbol is a certificate of authenticity and ensures the site is secure. You can double-click the padlock symbol to view the certificate's details. 

10.       General 

10.1      Our Website and these Terms are subject to, governed by and interpreted in accordance with, New Zealand law and the parties shall submit to the exclusive jurisdiction of the Courts of New Zealand in respect of any dispute in relation to these Terms. 

10.2      The information contained on our Website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether the information or products available from our Website are appropriate or available for use in other countries. If you choose to access our Website from outside New Zealand, you are responsible for compliance with applicable local law. 

10.3      Each clause of these Terms is separately binding.  If any clause is void, unenforceable or otherwise ineffective by operation of New Zealand law, the remaining clauses shall continue to be valid and enforceable. 

10.4      You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of Part 4 of the Contract and Commercial Law Act 2017. You consent to receive electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message. 

10.5      Unless otherwise shown, we own or licence all the copyright and other intellectual property rights on our Website.  The material on this Website is subject to copyright except where otherwise noted.  You may not use the material on the Website and must not use any trademarks or other intellectual property contained on the Website or belonging to Farmlands without our prior written consent. 

11.       Disclaimer 

11.1      We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in our Website or to its availability, functionality or performance, except as otherwise provided under any applicable law. 

11.2      We do not, nor do our employees, agents, suppliers, card partners, and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of our Website or any linked website(s), nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, our Website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of our Website or the information that it contains. 

11.3      The use of the information on our Website is at your own risk. To the extent permitted by law, we exclude all liability of us, our employees, agents, suppliers, Card Partners, and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on our Website or provided through our Website through electronic mail. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third-party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services. 

11.4      You agree to indemnify us, our employees, shareholders, agents, suppliers, card partners, and other persons involved in the creation of our Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of our Website, any information that you provide to us via our Website or any damage that you may cause to our Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breaches of the Fair Trading Act 1986. 

11.5      Links or references to other websites are provided for your convenience only.  Other websites are not under our control.  We have not reviewed them, and we do not endorse or assume liability for the contents of any other website.