Terms and Conditions

Welcome to Fert Finda, operated by Fert Finda Ltd (“FFL”). These Terms And Conditions (“Terms”) are applicable to all individuals using this website fertfinda.co.nz (referred to as the “site”) and the range of products and services we provide. By accessing or utilizing our website, as well as using our service, you acknowledge and agree to these Terms.

GENERAL PROVISIONS

To use our services, you must be at least 18 years old. 

You are obligated to comply with all applicable laws and refrain from engaging in any illegal, detrimental, or deceitful activities through our website, services, and/or products. This includes any activities that infringe upon our intellectual property rights or cause harm to others. Furthermore, you are strictly prohibited from transmitting any harmful code, such as worms or viruses.

We reserve the right to decline service to any individual for any reason at any given time. We may also make modifications or terminate the Service (or any part or content thereof) without prior notice at our discretion. Additionally, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without obtaining our explicit written permission.

PERSONAL INFORMATION

We handle your personal information in accordance with our Privacy Policy.

BUYER TERMS

PRODUCT SUPPLY

FFL undertakes the following obligations:

1. FFL will exercise reasonable skill and care to obtain products (if not already available) within 48 hours of receiving the Buyer’s order. FFL will make all reasonable efforts to arrange for the transportation of the products to the address specified by the Buyer.
2. FFL shall not be held liable for any delays or failure to provide the products if such delays or non-performance are directly or indirectly caused by transportation delays or circumstances beyond FFL’s reasonable control.
3. FFL is not obligated to accept any orders for products placed by the Buyer.
4. FFL reserves the right to retract a quotation for product provision at any time before the customer accepts it. All quotations will expire seven days after being issued, without prior notice.
5. Once FFL’s acceptance of the order is received in writing and subject to clause 1.6, the Buyer is not entitled to cancel the order. Any attempt to cancel the order after that time will incur a fee of $250.00. If FFL has already incurred non-refundable transportation costs, FFL is entitled to deduct those costs, along with any related third-party cancellation fees, from the Buyer’s payment.
6. The Buyer acknowledges and agrees that while FFL will make every effort to ensure the accurate quantity of products is delivered, the loading and delivery process falls outside FFL’s direct control. Therefore, FFL reserves the right to charge the Buyer for any additional products that are delivered and accepted by the Buyer. If the quantity of products delivered is less than what was ordered and paid for by the Buyer, FFL will promptly refund any overpayment to the Buyer.

PRODUCT WARRANTIES

1. The Buyer acknowledges and agrees that FFL lists products from third-party suppliers. Although FFL will make reasonable efforts to ensure the accuracy of product details and reasonably fit products for their intended purpose, it does not provide any explicit warranties to the Buyer concerning the accuracy of product information or the quality of the products, except as required by law.
2. Furthermore, the Buyer acknowledges and agrees that it holds the responsibility for verifying that the products chosen from FFL’s website are suitable for the Buyer’s intended purpose.

PAYMENT

1. The price of the products will be as indicated on the invoice provided to the Buyer after placing the order, subject to Payment Clause 2. All prices will be stated in New Zealand dollars and do not include GST and freight charges unless otherwise specified. The Buyer is responsible for paying these additional amounts to FFL, in addition to the price of the products. FFL reserves the right to require a deposit from the Buyer before accepting an order. Additionally, FFL may, at its discretion, offer a payment plan to the Buyer.
2. In the event of a significant and unforeseeable increase in the costs associated with sourcing and/or delivering the products, FFL reserves the right to adjust the price for advance orders.
3. FFL retains the right to refund or decline a sale if a product or service is priced incorrectly at the time of purchase.
4. Payment for all products must be made by the Buyer to FFL according to the selected payment option when placing the order. The products will be delivered once the invoice has been fully paid or in accordance with the Buyer’s membership terms in The Fert Club, such as a 7-day cash account or payment on the 20th of the following month.
5. If the Buyer fails to make payment by the due date, a penalty interest payment will be applicable. The penalty interest will be calculated as 10% above the monthly base commercial lending rate charged by FFL’s bank, starting from the due date until full payment is received.

TITLE AND RISK

1. The title of the products provided by FFL will transfer to the Buyer only upon full payment of the invoice.
2. The products will remain FFL’s risk until they are delivered to the address specified by the Buyer during the order placement. In cases where delivery is delayed due to the Buyer’s fault, any loss incurred by FFL as a result of the delay will be the Buyer’s responsibility.
3. Prior to accepting delivery, it is the Buyer’s responsibility to inspect the products. Any concerns or issues must be promptly reported to FFL. Failure to do so will be deemed as acceptance of the products’ condition by the Buyer.
4. The Buyer acknowledges that the products are being acquired for business purposes, and therefore, the statutory guarantees and implied terms outlined in the Consumer Guarantees Act 1993 are excluded and do not apply.

SUPPLIER TERMS

WARRANTIES

The Supplier provides the following warranties:

1. The products are of satisfactory quality and suitable for the purpose specified by the Supplier to FFL.
2. Fertilizer products will be appropriately packaged in high-quality packaging before being collected by the transport company, at the expense of the Supplier.
3. The Supplier legally owns the product or has obtained the necessary permission to legally sell it.
4. The product corresponds to the description provided in the listing, including accurate photos, dimensions, weights, and any additional uploaded information such as certificates or fact sheets.

TITLE AND RISK

Title of the Products will remain with the Supplier until the product reaches the Buyer’s designated location. Once the delivery is completed by the transport company at the Buyer’s chosen location, the Products will be at FFL’s risk.

PAYMENT

1. FFL shall remit payment to the Supplier for the products on the 20th day of the month following the delivery and acceptance of the products by the Buyer, unless alternative payment terms have been mutually agreed upon between FFL and the Supplier.
2. FFL retains the right to withhold payment to the Supplier for any order that has not been delivered, accepted by a Buyer, or is the subject of a dispute. Furthermore, FFL reserves the right to adjust the payment based on the resolution of the dispute.

RETURN OF PRODUCTS

In the event that the products are discovered to be defective or in violation of clause 4, FFL reserves the right to return the said products to the Supplier at the expense of the Supplier.

TESTING

The Supplier acknowledges and agrees that FFL may occasionally request samples of the products to undergo testing, ensuring their suitability for the intended purpose. If the test results are unsatisfactory, the Supplier acknowledges that FFL reserves the right to reject the products.

FFL AS EXCLUSIVE CONTACT

All communication with Buyers must be exclusively conducted through FFL and/or its website. The Supplier shall refrain from directly contacting the Buyer or attempting to solicit additional sales, except through FFL.

GENERAL TERMS

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

While we make reasonable efforts to ensure the accuracy and currency of the information on our website and verify the product details provided by suppliers, we cannot guarantee or assume responsibility for any inaccuracies, incompleteness, or outdated information on this site. The content on this site is provided for general information purposes only and should not be solely relied upon for decision-making without consulting primary sources of information.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, errors or inaccuracies may occur on our website or service, and we reserve the right to rectify them. We are not obligated to update or modify any information on our website, except as required by applicable laws.

MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without prior notice. We retain the right to modify or terminate the Service (or any portion or content thereof) without prior notice at any time.

PRODUCTS OR SERVICES

Certain products or services may be exclusively available online through our website. These products or services may have limited quantities. We reserve the right to restrict the sale of our products or services to any individual, geographic region, or jurisdiction.

LIABILITY AND INDEMNITY

1. FFL shall not be held liable to Buyers, Suppliers, or any other party for any direct or indirect loss or damage arising from the use, misuse, or any other aspect related to products sourced or supplied by or through FFL. This includes but is not limited to, loss of profit, business, revenue, goodwill, or anticipated savings, unless it can be directly proven that such loss or damage is a result of FFL’s act or omission.
2. Except as expressly stated in any written warranty provided and to the extent permitted by law, FFL:
   1. Excludes any implied conditions, descriptions, recommendations, representations, or warranties regarding the products, whether arising from custom, law, trade, or any other source, including fitness for a particular purpose, merchantability, or suitability.
   2. Under no circumstances is FFL liable to the Buyer, Seller, or any other person, whether in contract, equity, tort (including negligence), or any other legal theory, for any damage, liability, or loss whatsoever. This includes, but is not limited to, events beyond FFL’s control that may prevent the use of its website, defective supply of products, inability to use products, product recommendations, refusal to supply products, or any consequential, direct, indirect, or special damages. The Buyer and/or Supplier shall indemnify FFL against any such claims.
3. In the event that the exclusions of liability in the Return of Products clause cannot be relied upon, FFL’s maximum liability with respect to the products shall be limited to the price paid for the products.

CREDIT CHECKS

1. By using our services, the Buyer and/or Supplier grant FFL authorization to collect, retain, and utilize their information for conducting credit checks, assessing the acceptance of orders from Buyers, as well as for debt collection and marketing purposes.
2. The Buyer and/or Supplier authorize FFL to obtain credit reports and other relevant information about them from third-party sources to fulfill these purposes.
3. Furthermore, the Buyer and/or Supplier authorize FFL to disclose relevant information to third parties for the purpose of conducting credit checks, obtaining credit reports, or carrying out debt collection procedures.
4. All information provided to FFL in accordance with this clause will be securely stored.

DISPUTE RESOLUTION

In the event of a dispute arising from these terms, either party may initiate resolution procedures by serving a written notice to the other party outlining the nature of the dispute and proposing a preferred method of resolution (referred to as the “Dispute Notice”). Upon receiving the Dispute Notice, the parties shall make good faith efforts to meet within 5 business days, either in person or through virtual means, to attempt to resolve the dispute.

1. If the parties are unable to reach a resolution within 10 business days following their meeting, either party may choose to refer the dispute to mediation, utilizing a reputable and recognized mediation service or provider. Each party shall be responsible for covering its own costs associated with the mediation process, including any incidental expenses, and shall equally share the costs of the mediation service.
2. Should mediation fail to bring about a resolution within 15 business days from the initiation of the mediation process, either party may commence legal proceedings to resolve the dispute.

MISCELLANEOUS

1. The rights and obligations under these terms and conditions cannot be assigned by a Buyer or Supplier without prior written consent from FFL.
2. Any notices required to be given under these terms will be considered properly delivered if personally delivered, sent by post, or emailed to the designated recipient at the addresses provided to FFL by the parties.
3. A party shall not be held liable for any delay or failure in performing their obligations under these terms if such delay is beyond their reasonable control and occurs without fault or negligence. However, this provision shall not excuse the consequences of insolvency or financial difficulties.
4. All expenses and costs incurred by FFL in enforcing these terms and conditions, including legal and/or debt collection costs, shall be payable by the party in breach (whether it be the Supplier or Buyer).

WEBSITE THIRD-PARTY TOOLS & LINKS

1. As a convenience, we may provide third-party tools on our website, but we do not monitor or control them. Your use of these tools is at your own risk, and it is advisable to review the terms of use provided by the third-party before utilizing them. We shall not be held liable for any damages or harm arising from the use of these optional tools.
2. Our website may contain links to third-party sites, and we do not assume responsibility for the content, accuracy, or safety of these external sites. Your use of such sites is at your own risk, and we recommend reviewing their policies and practices before engaging in any transactions with them.

FORCE MAJEURE

FFL shall not be held liable to the Buyer and/or Supplier, and the Buyer shall not have the right to cancel any order, in the event of any delay or failure by FFL to fulfill its obligations under these terms due to circumstances beyond FFL’s reasonable control. Such circumstances may include, but are not limited to, fire, accident, earthquake, flood, drought, criminal activities, war, blockade, strike, lockout, labor disputes, shortage of fuel, or acts or omissions of governmental or regulatory authorities.

SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, it shall not affect the validity and enforceability of the remaining provisions. The unenforceable portion of the provision shall be deemed severed from these Terms and Conditions, and the remaining provisions shall continue to be enforceable to the fullest extent permitted by applicable law.

ENTIRE AGREEMENT

1. The failure of either party to enforce any right or provision of these Terms shall not be deemed as a waiver of such right or provision.
2. These Terms and Conditions, along with any posted policies or operating rules on this site or related to the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any previous versions of the Terms and Conditions).
3. Any ambiguities in the interpretation of these Terms shall not be construed against the party responsible for drafting them.

GOVERNING LAW

These terms shall be governed by the laws of New Zealand, and the parties agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.

CHANGES TO TERMS AND CONDITIONS

We reserve the right to update, modify, or replace any part of these terms and conditions by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

CONTACT INFORMATION

If you have any questions about the Terms and Conditions, please contact us at [email protected].

Privacy Policy

OVERVIEW

Fert Finda Limited (“FFL”) trading as Fert Finda values your privacy and is committed to handling your personal information in accordance with the Privacy Act 2020. This Privacy Policy outlines how we collect, use, and share your personal information when you visit or make a purchase from our website fertfinda.co.nz (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, such as your web browser, IP address, time zone, and some of the cookies installed on your device. As you browse the Site, we also gather information about the specific web pages or products you view, the websites or search terms that referred you to the Site, and how you interact with the Site. This information is referred to as “Device Information.”

We collect Device Information using the following technologies:

• “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.
• “Log files” track actions occurring on the Site and collect data, including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
• “Web beacons,” “tags,” and “pixels” are electronic files used to record information about your browsing activities on the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, such as your name, billing address, shipping address, company details, email address, and phone number. This information is referred to as “Order Information.”

In this Privacy Policy, the term “Personal Information” encompasses both Device Information and Order Information.

HOW WE USE YOUR PERSONAL INFORMATION

We use the Order Information we collect primarily to fulfill orders placed through the Site. This includes processing your payment securely through third-party payment gateways, arranging shipping, and providing you with invoices and order confirmations. 

Additionally, we utilize the Order Information for the following purposes:

1. Communication: We use your information to communicate with you regarding your orders, inquiries, and any other relevant information related to our products or services.
2. Customer Rewards: We may use the Order Information to reward you as a loyal customer, providing you with exclusive offers, discounts, or other loyalty benefits.
3. Customer Research: To improve our products and services, we conduct customer research based on the Order Information. This helps us better understand your preferences and needs.
4. Identity Confirmation: We use the Order Information to confirm your identity when necessary, ensuring the security and integrity of our transactions.
5. Risk Assessment: To protect against potential risks or fraudulent activities, we screen our orders using the Order Information, including your IP address, to assess and minimize any potential risks.
6. Personalized Marketing: With your consent, we may use your preferences to provide you with tailored information or advertisements about our products or services that may be of interest to you.

Additionally, we utilize the Device Information we collect to enhance and optimize our Site. This includes identifying and mitigating potential risks and fraudulent activities associated with your IP address. Furthermore, we generate analytics based on the Device Information to improve the overall browsing experience for our customers and evaluate the effectiveness of our marketing and advertising campaigns.

We are committed to using your personal information responsibly and in compliance with applicable data protection laws.

MANAGEMENT OF PERSONAL INFORMATION

Ensuring the security of personal information is our utmost priority. We maintain comprehensive measures to safeguard personal information, including computer, network, and server security, as well as secure communication protocols.

With your consent, we may enter your details into a database to directly contact you regarding FFL, its brands, special offers, samples, consumer research, and other promotions, unless you indicate otherwise.

SHARING YOUR PERSONAL INFORMATION

FFL is committed to protecting your privacy and does not sell, rent, or disclose personal information to third parties for their use. However, in order to provide our services effectively, we may engage other organizations to assist us in processing your personal information, as described earlier. For example, we may use Google Analytics to analyze how our customers interact with the Site.

To fulfill our services, we may share personal information with the following entities, strictly for the purposes outlined:

• Our related companies
• Service providers such as mailing houses, promotion and advertising agencies, and consumer research agencies
• Credit reference agencies or other credit providers
• Government or statutory authorities as required
• Third parties authorized to contact you on behalf of FFL

Additionally, we may disclose your personal information to comply with applicable laws and regulations, respond to legal requests (e.g., subpoena, search warrant), or protect our rights and interests.

Rest assured, we take all necessary precautions to ensure that any sharing of personal information complies with applicable laws and regulations and is conducted securely and confidentially.

BEHAVIORAL ADVERTISING

We may use your Personal Information, as mentioned earlier, to deliver targeted advertisements or marketing communications that we believe may be of interest to you.

DO NOT TRACK

Please be aware that we do not modify our data collection and usage practices when we receive a Do Not Track signal from your browser.

DATA RETENTION

Upon placing an order through the Site, we will retain your Order Information for our records unless you request its deletion.

ACCESS AND CORRECTION OF DETAILS

To access the personal information FFL holds about you or to request corrections, please contact us via email at [email protected]. If any information needs to be more accurate, complete, or updated, you may ask FFL to rectify it.

AGE RESTRICTION

The Site is intended for individuals who are 18 years of age or older.

CHANGES

We may periodically update this privacy policy to reflect changes in our practices or for operational, legal, or regulatory reasons.

CONTACT US

If you have any questions about our privacy practices, wish to make a complaint, or seek further information, please contact us by email at [email protected].

Thank you for reviewing and agreeing to our Terms and Conditions. By accessing or using our website, you acknowledge and accept these terms and conditions. If you have any questions or concerns about these Terms and Conditions, please contact us for clarification. We encourage you to regularly review this document, as it may be updated from time to time. We appreciate your cooperation and hope you have a positive experience using the Fert Finda Limited website.