1. Scarecrow Limited (“Scarecrow” or “We”)
“Scarecrow” is the trademark or registered trademark of Scarecrow Limited (NZBN 9429041580455) and/or our affiliates in New Zealand.
b) Scarecrow website
For the purposes of these terms and conditions, “this website” shall mean www.scarecrow.co.nz or www.scarecrow.nz or related sites.
c) Intellectual property rights
All the material in the website, including text, graphics, logos and designs is copyright to Scarecrow Limited or our suppliers and affiliates. You may view, print and download the contents of the website for personal use, but not for any commercial purposes or re-publication.
2. To Contact Us
a) Our physical address is: Scarecrow Ltd, 33 Victoria St East, Auckland 1010, New Zealand;
b) Our postal address is: PO Box 106747, Auckland, 1143, New Zealand;
c) Our phone number is: 09 377 1333; and
d) Our email address is: [email protected]
3. Website Information
a) We have tried to ensure that information provided in the Website is accurate. However, we make no representation and give no warranty of any kind in respect of the information.
b) We do not accept liability for any loss (direct, indirect or consequential) which may arise from reliance on information contained in the Website or in respect of any error or omission.
c) Linked websites
This website contains links to external websites.
Scarecrow will not be responsible or liable for the content (including any liability arising out of any claim that the content of the linked website infringes the intellectual property rights of any third party) or privacy practices associated with any linked websites.
Any link to a website is provided to help you find sites containing information, products or services which may be of interest to you. No link to a website shall be construed as an endorsement or warranty, approval or recommendation by Scarecrow of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained or available on or from those linked websites.
4. Description of Products
The description and specification of products in the Website is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those products.
We may correct any error appearing in the Website or withdraw any product from sale without incurring liability. Price and availability as indicated on the Website are also subject to change without notice.
5. Ordering Products
You may order products from the Website by submitting a completed order form through the check-out procedure.
We will confirm acceptance of your order by e-mail to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us.
6. The Price and Payment
The price of the products will be the price quoted in the Website at the time we accept your order. The price will include any applicable Goods and Services Tax (GST), and will include the cost of delivery, if applicable.
Payment is made by credit card or PayPal at the time we accept your order. (the payment methods we accept are listed in the Website at the time you place your order). Refunds will generally be made by means of a credit to your original payment method.
Although every care is taken in the quality of content on this site, there may occasionally be an error and items may be mis-priced. In this event we will either: contact you to ask if you wish to cancel the order, or simply cancel the order and notify you, at our own discretion. We are under no obligation to supply goods at the incorrect price.
7. Payment security
Scarecrow provides a 100% secure payment system. All payments are processed by Payment Express. Payment Express keeps your personal information confidential at all times. Payment Express is a level 1 certified PCI-DSS compliant provide. PCI-DSS, the Payment Card Industry Data Security Standard, is a set of security requirements relating to the protection of cardholder data. PCI-DSS is governed by the Payment Card Industry (“PCI”) Security Standards Council, an organisation put together by the major card schemes – VISA, MasterCard, American Express, JCB and Discover.
We do not store your credit card details.
8. Delivery of Products
We deliver to all of New Zealand.
We will arrange for delivery of the products you order by the method and to the address which you specify in the check-out procedure. However, the time for delivery will not be essential to the contract between us.
If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges.
If there is an error or any other delivery problem in respect of the products ordered, you must notify us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.
9. Refunds Policy
Our returns policy does not allow refunds when you have changed your mind or you do not like a product or a product in the gift hamper you have received. Please choose your products carefully. Under the Consumer Guarantees Act (CGA) when you buy a product, the sale is final.
10. Replacements & Damages Policy
Please contact us as soon as you discover a problem. Please explain what the problem is. We will replace goods that are damaged or give you a refund if you would prefer. We may ask for photo proof of damages so that we can have this investigated with the courier company. If a product is damaged we will organize for the product to be returned to us at our cost.
Please order carefully as you enter into a binding contract every time you place an order with Scarecrow, whether it is verbal, written or online.
Subject to the exclusions in (c) below, Scarecrow online orders can be cancelled within 7 days of placing the order and a full refund will be credited even if you have changed your mind.
Cancelation is not possible in the following cases:
• Orders that have already been dispatched
• Orders placed by telephone or email
• Bespoke/customised orders including flower arrangements.
Scarecrow aims to keep inventory of all products presented on the web-site, and to maintain their images and descriptions accurate. However, we reserve the right to substitute any items in the gift boxes/hampers/baskets for items of equal or greater value if those listed in the descriptions are unavailable at the time of ordering.
The products advertised in the Website are intended for sale to persons dealing as consumers and are not for re-sale.
Any contract between us shall incorporate these terms and conditions and be under New Zealand law. If there is any dispute, the New Zealand Courts will have exclusive jurisdiction.