The Website together with the Affiliated Websites are owned and operated by Black Marlin Business Services Limited. You acknowledge that by accessing and using the Website you agree to be bound by the following terms and conditions (Terms). Please read these Terms carefully. If you do not accept these Terms, please refrain from using the Website.
We reserve the right to change these Terms at any time. By continuing to use the Website and Affiliated Websites, you agree to be bound by the amended terms of use. You should check from time to time to see if the Terms have changed.
Intended Meanings for Certain Words
In these Terms, the following words have the meanings set out as follows:
- “Affiliated Website” means any website (other than this Website) containing content owned and operated by Black Marlin Business Services Limited.
- “Content” means any software, data, information, pictures, graphics and other materials published or made available on the website, including all third party content and user generated content.
- “Member” means a user that has completed our registration process and created an account.
- “Product” means the goods and / or services being offered by us and promoted through the Website or Affiliated Website.
- “Product Information” means the specific information relating to a Product as set out on the Product Page.
- “Product Page” means the relevant page of the Website or Affiliated Website on which a specific Product is promoted.
- “Product Order” means your Request or that part of your Request we confirm as acceptable.
- “Request” means the order placed by you for the relevant Products in the Shopping Cart.
- “Third Party Information” means information other than Product Information on the Website or Affiliated Website including certain data, news, research, statistics stories, photographs, opinions and information.
- “User” means any user of the Website.
- “We”, “us”, “our” and “Birdseed.co.nz” are a reference to Black Marlin Business Services Limited.
- “Website” means this website Birdseed.co.nz.
- “You” and “your” are a reference to you.
Functionality
In order to access some of the features of the Website and Affiliated Websites you will need to become a Member. When creating an account you must provide accurate and complete information.
Intellectual Property
- You acknowledge that any content displayed or made available through the Website is our exclusive property or used and /or displayed by us with the express permission of owner. No Content may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.
- “Birdseed.co.nz” are our trade marks. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.
Privacy and Personal Information
Please refer to the Privacy Policy for further conditions relating to your personal information, what we collect and how it may be used. By continuing to use this Website you agree to the terms of such Privacy Policy.
Liability
You agree and acknowledge that where the Website or Affiliated Website sets out Third Party Information, then this Third Party Information is being made available by us as a free service. While we will not knowingly provide incorrect information we may not be able to verify all Third Party Information on the Website or Affiliated Website, and so you should not rely on it without first making your own enquiries. We do not guarantee or certify the accuracy of the Third Party Information. Any reliance on the information is at your own risk.
Severability
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
Law
These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
Contact
If you have any questions or concerns in relation to the Website, Affiliated Websites or these Terms please Contact Us.
Registration is completely optional. When you register you consent and agree to receive marketing information, offers and special discounts from Birdseed.co.nz. Registration may include submitting your name, email address, address, telephone numbers, options on how you wish to receive updates and promotional material and other information. You may access this information at any time by logging in and going to your account.
Any order placed with Black Marlin Business Services Limited using the online store website is an offer by you to purchase a particular product for the specified price (including the delivery, tax and other charges) at the time of the order and under these Terms and Conditions. Black Marlin Business Services Limited retains the right to reject your offer of purchase for any reason. These may include but will not be limited to the unavailability of any product, error in your order, or an error in the product description, error in price or purchasing items in a bulk quantity that Black Marlin Business Services Limited may deem to be intended for commercial on-sale. Black Marlin Business Services Limited will confirm your order within 2 business days of your order request.
Repeat Delivery discount only applies to the items available for Repeat Delivery. The Repeat Delivery discount amount is a percentage of the RRP of the product selected as indicated on the specific product page. The price you commit to on your Repeat Delivery may change in line with product price changes on the day your Repeat Delivery order is processed.
One off Items added to your Repeat Delivery will be charged at the advertised price at the time your Repeat Delivery is processed.
Customers must be registered with an online account at birdseed.co.nz in order to place and manage a Repeat Delivery.
Repeat Delivery orders are processed via credit card only.
No changes can be made to a Repeat Delivery that has already been dispatched. Alterations and/or Cancellations must be processed a minimum of 3 days prior to next scheduled dispatch. Alterations and/or Cancellations made with less than 3 days notice will be applied as of the following dispatch.
Repeat Delivery orders will be dispatched from our store on the Shipment date as specified in your account settings and then handed to a 3rd party carrier for delivery. Delivery may take 2-5 days to reach your destination.
It is the responsibility of the customer to maintain current and up to date payment details for active Repeat Delivery via the My Account section at Birdseed.co.nz.co.nz.
The Repeat Delivery discount is not in conjunction with any other offer including but not limited to price matches, promotional codes and Birdseed.co.nz rewards.
Shipping is calculated on Repeat Deliveries in accordance with Birdseed.co.nz’s Shipping & Delivery Policy
Birdseed.co.nz’s Terms & Conditions and Returns and Exchanges policies apply to all Repeat Delivery orders.
At Birdseed.co.nz, we are committed to offering our customers convenience, service and product availability at competitive prices.
Prices displayed online are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice.
All products are covered by statutory warranties, namely we warrant the products we sell to you are free from defects in workmanship and materials; of merchantable quality; fit for the purpose for which they were made and will match the description contained in our online catalogue or any sample provided to you. All products will meet these statutory requirements for at least three months from the date of purchase unless the product is covered by an extended warranty.
Statutory and extended warranties (if applicable) will not apply where you have caused the products to become damaged.
Examples of occasions where the warranties and additional promises (if applicable) will not apply are:
- Where you have mistreated or abused the products (whether intentionally or unintentionally); or
- Damaged the products as a result of using them in a way they were not intended to be used.
We recommend that you refer to the online catalogue and packaging instructions for further information about the intended purpose for which a product was made.
We reserve the right to test or assess any product returned to us in order to determine whether a breach of warranty has occurred.
Orders are dispatched from one of our store dispatch locations within 2 business days where stock is available. Shipping times are estimated at between 3-7 business days depending on your location within New Zealand. During sale periods, order processing and delivery times may be extended due to an increase in demand.
Use of this website is restricted to those aged over 18 and those able to enter into a legally binding contract.
The prices displayed on this website include 15% Goods and Services Tax (GST). The Black Marlin Business Services Limited website has been intended for use by New Zealand residents only.
Any direct, indirect, incidental, special or consequential damages as a result of use or misuse of the website will not be the responsibility of Black Marlin Business Services Limited. Black Marlin Business Services Limited will also not be liable for the costs resulting in further purchases as a result of the initial purchase, the cost of obtaining substitute products. In addition to these, messages received, transactions entered into through the website or as a result of unauthorised access to your information contained on this website will be in no way the responsibility of Black Marlin Business Services Limited.
Where an Act of Parliament suggests any term, condition or warranty in the Terms and Conditions and does not allow for provisions in a contract for exclusion of liability, the liability of Black Marlin Business Services Limited will be limited. If the breach relates to a good purchased Black Marlin Business Services Limited may choose to replace the goods or supply the equivalent goods, repair the goods, pay the cost of replacing the goods or of acquiring equivalent goods or payment of the repair costs for the goods. If the breach relates to services provides Black Marlin Business Services Limited may choose to supply the services again or pay the cost of having the service supplied again.
When purchasing from Birdseed.co.nz your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current industry standard.