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AvoPro / Mini Avocado Ltd Terms and Conditions of Sale
Introduction
AvoPro has one main business principle: Service Par Excellence.
We really do want you to enjoy your interactions and shopping experience with the AvoPro team. Period.
However, as we are based in NZ, we also need to abide by NZ laws, and hence the following terms and conditions.
These terms are issued by Mini Avocado Limited and are effective from 01/04/2021 to cover the use of our websites avopro.com.au and avopro.org, as well as any mini avocado ltd online sites or pages accessible from these websites. Use includes visits to our sites, purchases on our sites, participation in our database, and promotions. These terms of use apply to you when you use our websites. Please read these terms carefully – if you need to refer to them again, they can be accessed from the link at the bottom of any page of our websites.
avopro.org and avopro.com.au and miniavocado.com are owned and operated by Mini Avocado Limited. If you wish to contact us please use the Contact Page on our sites.
While we strive to supply accurate and updated information on our site/s, errors and omissions may occur.
The mini avocado Limited (AvoPro) does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation, or omission whether negligent or otherwise, contained on this or on our other sites or pages. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
AvoPro reserves the right to make changes to the content on this site at any time and without notice.
To the extent permitted by New Zealand law, avopro makes no warranties in relation to the merchantability, fitness for purpose, from computer virus or malware, accuracy, or availability of this website or any of our other websites or pages.
1- Content
These terms and conditions address the following: 1- Content. 2- Ordering goods or services from us. 3- Refusing or cancelling orders. 4- Payment options. 5- Pricing. Website and Credit Card Security. 7- Delivery and delivery charges. 8- Returns and Refunds. 9- Credit card usage. 10- Accessing our services. 11- Disclaimer. 12- Intellectual property. 13- Links. 14- Privacy policy. 15- Jurisdiction. 16- Changes to this agreement. 17- Consumer Guaranties Act
2- Ordering goods and services from us
2-1: When you place an order with us, you are making an offer to buy goods or services. An order is placed on our website via adding a product to the shopping cart or by emailing us for an invoice and proceeding through our online or offline checkout process. The checkout process includes giving us delivery and any other relevant details for your order e.g. an optional gift message for gift cards, entering payment information and submitting your order. The final step consists of a confirmation page with full details of your order, which you are able to print as a receipt of your order.
2-2: If you are ordering from within New Zealand you may wish to order by email and pay through bank transfer, in which case the whole of (2-1) above, also applies.
We do not supply trade quantities and reserve the right to limit the number of an item customers can purchase in a single transaction.
We will send you an e-mail to confirm that we have received and accepted your order, which also indicates that your order has been accepted and you may not cancel it.
2-3: We can only take orders if you agree to both our Privacy Policy and Terms and Conditions. When we take and accept payment from you, it means you have read and agreed to our Privacy Policy and our Terms and Conditions.
3- Refusing or canceling orders
3-1: In the unlikely event that the goods or services ordered are no longer available we reserve the right to refuse and or cancel an order.
3-2: We reserve the right to refuse or cancel any orders that we believe, solely by our own judgment, to be placed for commercial purposes, e.g. any kind of reseller. We also reserve the right to refuse or cancel any orders that we believe, solely by our own judgment, to have been placed fraudulently.
3-3: While we endeavor to ensure that the price and description of goods or services are accurate, if there is an error in the process of listing a product or service on our website or a technical error in the processing of your order, we reserve the right to refuse or cancel the order.
3-4: Our right to cancel orders applies to orders that have been accepted.
4- Payment options
4-1: We currently accept the following payment options:
A: PayPal (using your credit cards).
B: Direct Credit through banks
4-2: Cancellation Fee
We reserve the right to charge a cancellation fee of $10 to cover the cost of storage, processing, and any loss in retail value.
5- Pricing
5-1: All prices listed on avopro.org or social media or other sites such as google sites, etc. in New Zealand, are in NZ dollars (NZ$) and are inclusive of GST.
5-2: There may be AvoPro or mini avocado ltd pages or posts related to past presentations still around on the World Wide Web, with old and out-of-date prices or information. In such cases please refer to our official site/s: avopro.org or avopro.com.au or miniavocado.com for all current prices.
Please note that we reserve the right to alter prices on our websites at any time for any reason and without notice. Online and in-store pricing may differ.
5-3: We have or are in the process of making our e-products and e-services available worldwide. In such cases, all prices will be in local currency. For example prices of services offered on https//: avopro.com.au are in AU$. Please Note: As we are based in NZ, our e-services and e-books sold through our overseas’ sites exclude the NZ GST Tax as we do not charge GST to overseas clients by law.
6- Website and credit card security
We want you to have a safe and secure shopping experience online. All payments via our sites are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy.
You can help to protect your details from unauthorised access by logging out each time you finish using our site/s, particularly if you are doing so from a public or shared computer.
For security purposes, certain transactions may require proof of identification.
7- Delivery and delivery charges
All our e-products and services such as e-Books, the 365 Online Help, etc. are available World-Wide and are delivered electronically. However, at this time, we can deliver trees and physical products such as fertilisers, to New Zealand addresses only.
Delivery charges are calculated on the delivery service provider (an external company) and the cost of packaging. Delivery charges also depend on the number of trees or items and differ for New Zealand’s north and south islands and also town or RD destinations. In any case, the delivery charges are calculated and added to your order at the time of payment processing. The amount of delivery fee is shown in your invoice or your online order process before you pay.
Delivery lead time for products may vary. Deliveries to all NZ destinations are dispatched on Mondays or Tuesdays to avoid trees sitting in the delivery companies’ (external service providers to mini avocado ltd) warehouses. Deliveries to rural NZ addresses and some other areas may take longer than the time indicated. You will receive an email that confirming that your order has been dispatched. Delivery companies have their own terms and conditions and by default will leave the goods at the address provided.
To ensure successful delivery, please provide a delivery address where preferably someone will be present during business hours to sign for the receipt of your package. You can track your order by clicking on the link in the dispatch email.
Please Note: We will hold your order at the store for a maximum of 30 days after we have notified you it is ready for collection or dispatch. We want to provide you with exceptional service and as our trees are of the highest industry standards and sitting idle might affect their quality, we can arrange a suitable time for your order dispatch, if you wish so.
Some of our Exceptional Varieties have a waiting list of 12 months or more, and you can order them in advance, in which case we will notify you when your trees are ready for dispatch or collection.
Please note that a signature is optional for receiving deliveries. In all delivery cases, the delivery companies are instructed with “Permission to Leave” at your address. If goods are lost or damaged in transit, please contact us within 7 business days of placing your order, using our Contact Page.
We will use this delivery information to make a claim against our courier company. We will offer you the choice of a replacement or a refund, once we have received confirmation from our courier company that delivery was not successful.
We reaffirm that the AvoPro team likes you to enjoy your shopping experience with us. For all NZ clients, we have the option of the pickup in person, if you wish to reduce costs or just enjoy a friendly chat with us. If this is the case which you prefer, please go to our Contact Page or simply call us. We will try to serve you on any day of your choice, except days that are illegal in NZ to trade.
As mentioned before, world-wide, including New Zealand, delivery of e-products such as e-books and the “365 Home Grower email Support” is through e-documents or emails. You can download them directly from our sites or in case you miss them, please go to our Contact Page and email us.
8- Returns and Refunds
While the Consumer Guarantees Act and Fair Trading Act provide the basis for Avopro or mini avocado ltd returns policy, we go above and beyond the expectation of these two statutory laws. AvoPro and mini avocado limited have a 7-day Money Back Guarantee with printed proof of purchase. For a product to be returned under our policy, that product must be in a resalable condition unless it was received in a faulty or otherwise defective condition by the consumer.
Restrictions and exceptions resulting from New Zealand Copyright laws and health and safety issues mean a refund or exchange is only available for certain products if that product is defective.
Proof of purchase is required in order to get an exchange or a refund. Gift cards cannot be returned because the gift card value is activated at the time of purchase. Gift cards are non-refundable and cannot be redeemed for cash.
8-1: AvoPro Returns Policy
AvoPro and mini avocado ltd stand by the quality of all our products and we only pick and pack the best plants available in-store for online orders. Sometimes, however, plants do get damaged in transit, so our 7-day free return policy covers you if anything goes wrong. Please note that you must not plant your trees if you want to return them.
If you are unhappy with a plant or product that is delivered to you when purchased online, we will cover the cost to return the product to us, if we are notified within 7 days of delivery. You will be given the option of a replacement product in the first instance, and if this is unavailable a full refund for the unsatisfactory product will be issued within 4 working weeks.
Our seven-day free return policy does not cover you if:
8-1-1: You change your mind about your purchase;
8-1-2: Your product is damaged while in your care;
8-1-3: You do not notify us of the damage within 7 days of receiving your delivery.
To notify us of an unsatisfactory product purchased online, please e-mail us through our Contact Page with your name, order number, and photo of the product to be returned. We will then arrange to courier the product back to us.
8-2: AvoPro and mini avocado ltd “Free Replacement” Terms and Conditions:
8-2-1: Original plant/s must be returned to us.
8-2-2: For all orders, a photo of the original plant/s or product must be provided to us for assessment before a Free Replacement plant/s will be offered.
8-2-3: Proof of purchase is required.
8-2-4: The replacement tree will be to the same value as the original plant only, and will not include any accessories, fertilisers, mixes, or delivery fees associated with the original purchase.
8-2-5: If the replacement plant variety is out of season when returned, then a similar in-season plant will be offered as a replacement. Alternatively, we can place an order for the variety or the closest one, and advise when the plant is back in stock.
8-2-6: Where a replacement plant is not available, we will offer store credit as an alternative.
8-2-7: Damages to trees or products caused by extreme external conditions such as heat or cold or wind breakages, or forgetting to water the trees by the client, will not be covered.
Note – this does not impact your rights where a product may be faulty, damaged, or incorrectly supplied.
8-2-8: By law, any refunds made by mini avocado limited, must be made to the PayPal or bank account you used to pay for your goods.
Please note that, at present, PayPal does not refund their 3.4% + $0.45 per transaction charge and they will deduct it from the total original payment.
8-2-9: If you claim a refund and we accept your claim, it may take some time depending on which payment method you used because PayPal and banks have their own terms and conditions in place.
8-2-10: While we endeavour to keep our sites and systems up to date, there might be technology failures or mistakes or negligence in which case you agree irrevocably to have only your original purchase payment refunded and you agree to not make any additional claims of whatever nature or form.
9- Gift cards usage
Pre-paid gift cards are redeemable for goods or services sold at our shop or online stores. Lost or stolen cards are the responsibility of the holder. Gift cards expire 24 months after the last transaction. Gift cards are non-refundable and cannot be redeemed for cash.
10- Accessing our services
Other than connecting to avopro or mini avocado websites by HTTPS requests using a web browser, you may not gain access to AvoPro websites’ servers. You agree not to disrupt, modify or interfere with our websites or our service providers and their associated software, hardware and servers in any way. You also agree not to modify any content or service on AvoPro or mini avocado websites. Furthermore, you agree not to use our sites in any inappropriate or unlawful way.
11- Disclaimer
Our websites are intended to provide information for people shopping our products and accessing our services, including making purchases via our website and registering on our database to receive e-mails or other communications from us.
While we endeavour to supply accurate information on this site, errors and omissions may occur. AvoPro and mini avocado limited do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on our sites or in any of our online or other publications. You are solely responsible for the actions you take in reliance on the content on, or accessed, through our sites.
AvoPro and Mini Avocado Limited reserve the right to make changes to the content on their sites and all their publications, online or otherwise, at any time and without notice and solely at their discretion.
To the extent permitted by New Zealand law, AvoPro and Mini Avocado Limited make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy, or availability of this website or any other of our web sites or pages.
12- Intellectual property
Mini Avocado Limited and AvoPro own all copyright related to their products, services, photos, videos, etc. presented here on this site and on their other sites or pages.
Our suppliers, advertisers, or third-party service providers, own all copyright and other intellectual property related to their products or services. In short; everything on this site, unless otherwise stated, is copyright.
The Mini Avocado Limited and AvoPro welcome the use of this site for personal use, non-commercial use, research, or study – provided that the user acknowledges all copyright and other notices contained in the content.
We advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of this site without the express permission of Mini Avocado Limited.
13- Links
Please note that although this site has some hyperlinks to other third-party websites, these sites have not been prepared by Mini Avocado Limited and are not under the control of AvoPro or Mini Avocado Limited. The links are only provided as a convenience and do not imply that AvoPro endorses, checks, or approves of the third-party site and its contents. Mini Avocado Limited and AvoPro are not responsible for the privacy principles or content of these third-party sites. AvoPro and Mini Avocado Limited are not responsible for the availability of any of these links.
AvoPro and Mini Avocado Limited require that you request our permission to include a link from another site to this site. If you would like to request permission, please contact us via our online Contact Form.
14- Privacy policy
We are committed to protecting your privacy.
We recognize that your personal information is confidential and we understand that it is important for you to know how we treat your personal information. Please read our Privacy Policy for more information.
15- Jurisdiction
This website is governed by and is to be interpreted in accordance with, the laws of New Zealand.
16- Changes to this agreement
AvoPro and Mini Avocado Limited reserve the right to alter, modify or update these terms of use. These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders.
17- Consumer Guarantees Act
Refer to Consumer Guarantees Act for more information.