Terms & Conditions
John Tutt Limited (trading as Newton Seed) (referred to herein as “Newton Seed”) makes this website, including all information, files, text, graphics, software and products available for your use subject to these terms and conditions, as amended and published on this website from time to time. Please ensure that you are familiar with these terms and that you are using the most up to date terms and conditions by checking the date at the end of these terms matches that on the website terms. Your use of this website is considered acceptance of these terms.
These terms and conditions outline the terms and conditions governing all sales and purchases made through this website, regardless of whether the order was transmitted via the internet, telephone/fax or post. By accessing, browsing and/or using this site you acknowledge that you have read, understood and agree to be bound by these terms and agree to comply with all applicable laws and regulations. If you do not agree with these terms, do not use this site.
Whilst all care is taken with the information posted on this website and it is regularly updated for changes and inaccuracies, Newton Seed does not guarantee the accuracy of all information on the website. Newton Seed shall not be liable for any errors or delays in delivery of products or presentation of the Materials on the website, or for any actions taken in reliance upon them.
ORDERING AND DELIVERY
Anyone ordering products for delivery acknowledges they have reviewed the contents of their order and acknowledge that it contains acceptable and approved items for import into the country of destination/delivery. The buyer solely accepts the full risk of any items or package (or part thereof) being detained by customs for whatever reason, and acknowledges and agrees that they will not hold Newton Seed liable for such packages, for whatever reason, being unable to be delivered to their destination.
NEWTON SEED CUSTOMERS AND ACCOUNTS
Some products available on this site may be restricted in your country. It is your responsibility to comply with such restrictions. Any Newton Seed account is to be used only by the person registered for that particular account. All information provided on registration must be true and accurate. False information provided on registration is considered fraud. The account holder is responsible for ensuring that their account details remain confidential, and that access to their computer remains restricted to prevent others from gaining access to their account. The account holder accepts responsibility for all activities which occur under their account. Newton Seed reserves the right to refuse service, terminate accounts, or cancel orders at any time and will not be held responsible for fraudulent information.
PRICING
All prices quoted are subject to change at any time at the discretion of Newton Seed. You will be charged in the currency which you have chosen to shop. Newton Seed reserves the right to reject any orders which include incorrect prices which may occur due to data entry errors, code errors, hacking, incorrect pricing provided by manufacturer, translation errors etc. Prices are not negotiable and unless marked otherwise, do not include postage and handling. Postage and handling costs are calculated and added separately.
SHIPPING
Delivery is restricted to New Zealand addresses only. All our items are professionally packed for safe international delivery. This usually takes between x and x working days depending on the delivery service for the final destination.
We normally ship our products within x business days unless specified otherwise. If we are unable to dispatch your order within x business days we will contact you and advise you of the expected dispatch date.
Our shipping & handling rates are based on the weight of the total order. Products which may exceed the size or weight restrictions may require a special quote which will be calculated and e-mailed to you.
Please check your delivery address carefully as we will not be responsible for delivery to an incorrect address. The customer shall be responsible for the cost to resend a parcel that is returned because of an incorrect address.
ONCE YOUR ORDER HAS BEEN SHIPPED YOU ARE NOT ABLE TO CANCEL YOUR ORDER.
PAYMENT
Payment options provided by Newton Seed are Visa and MasterCard. Your credit card will be billed when you confirm your order.
RETURNS / REFUNDS POLICY
Newton Seed at its discretion will replace defective products or give a credit or refund for the products as long as Newton Seed is notified of the specific products and defects in writing within 10 days of purchase. We limit our liability in all instances to the purchase price of the product. If an order is not received or if an item is received and it is either damaged or faulty, a return claim MUST be filed with Newton Seed within 10 days from date of dispatch of goods. Email details of your claim to kay@newtonseed.co.nz.
Products which do not match the relevant purchase order or invoice may be returned to Newton Seed provided that Newton Seed are advised of the particular error within 10 days of receiving the products and that the products are returned in the same condition as they were delivered.
Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 ("the Act") then;
Where the buyer is acquiring the product for the purpose of business then the Act shall not apply. In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchasers rights under the Act, to the intent that no provisions shall any way limit the purchasers rights under the Act.
LICENCE AND SITE ACCESS
Access to the Newton Seed website is granted only for the purpose of accessing the services provided. Under no circumstances may any individual alter any part of the website or try to access it other than through a web browser for the purposes of obtaining information or purchasing product. No part of this site may be reproduced for any reason, nor may any parts of the site be displayed anywhere else using frames or other html manipulation process unless written permission has been granted by Newton Seed. This includes logos, trademarks, or registrations.
SECURITY AND PRIVACY
Shopping online at Newton Seed is extremely secure as we use SSL encryption (link to SSL certificate will go here) for all our credit card transactions. See our 'Privacy Statement' for our privacy policy.
INTELLECTUAL PROPERTY IN AND USE OF MATERIALS
All copyright, trademark, patent, and/or other intellectual property rights in the materials in this website (including text, images, software and data) (the “Materials”) are either owned or licensed by Newton Seed. You may not copy, republish, upload, post, modify, frame, transmit, rent, lease, loan, sell, assign, distribute, license sublicense, reverse engineer , decompile or create derivative works based on this website, its Materials or its selection or arrangement except as expressly authorised in these terms and conditions.
There are or may be trademarks pending on the tradename “Newton Seed” and the logo of Newton Seed. Other trademarks, logos and marks used on this website are owned by their respective owners and licensors. You may not use any name, logo or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Newton Seed or other respective owner of such name, logo or mark.
You may download one copy of the Materials for your personal use only, provided you retain unmodified all copyright and other proprietary notices. Reproduction, modification, creation of derivatives or any use of the Materials for any other purpose, including by caching, framing or similar means, is a breach of the intellectual property rights of Newton Seed or its licensors and is expressly prohibited unless the prior written consent of Newton Seed is obtained.
Newton Seed reserves all legal rights and remedies available to it.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Information on this website or on any other website linked to this website is provided on an “as is” basis and without any express or implied warranty as to its accuracy, reliability, fitness for purpose or non-infringement of intellectual property or other rights. Newton Seed excludes all liability whether implied by law or otherwise to the full extent permitted by law arising from your use of the website or any linked website, any computer viruses, breach of internet security or other eventuality. In no event shall Newton Seed be liable for damages of any kind even if we are advised of the likelihood of damage occurring.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NEWTON SEED BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
INDEMNITY
You agree to indemnify Newton Seed and to hold Newton Seed harmless from any and all claims (including reasonable solicitors' fees and costs) resulting from your acts or omissions which relate to your access to, and use of, this website.
LINKS
This website may incorporate links to the internet sites of other parties unrelated to Newton Seed. Any such links are publicly available on the internet and are provided solely for your convenience. Links on this website are not affiliated in any way with Newton Seed and Newton Seed has no influence over the content of their websites.
PRIVACY POLICY
Please see the latest privacy policy which is found under "Privacy Statement" on the website. This policy governs the terms of use of information obtained through your interaction with the website. Your use of the website constitutes your acknowledgement of and agreement with the terms of the privacy policy.
GOVERNING LAW
All matters relating to your access to, or use of, this website shall be governed by the internal laws of New Zealand, without regard to the principles of conflicts of laws. You agree, through your use of this website to submit to the exclusive jurisdiction and venue of the courts of New Zealand, and agree to waive any objections thereto.
SEVERABILITY
If any provision of these terms and conditions is deemed unenforceable, illegal, or void, then that provision shall be deemed severable from these terms and conditions and the remaining provisions shall continue in force.
Contact Information
For general inquiries about this website, you may contact us at:
Newton Seeds (a division of John Tutt Limited)
P.O. Box 13523
Onehunga
Auckland 1643
Phone: (09)636-4918
Fax: (09)634-5916
Email: john@newtonseed.co.nz
Terms and Conditions dated: November 2009