Terms and Conditions
TERMS AND CONDITIONS
This website is operated by Cress Valley Limited. Throughout the site, the terms “we”, “us” and “our” refer to Cress Valley Limited. Through the Website, We provide food products including superfood powders and supplemented foods ("Products") to Our customers.
If You are using the Website in Your capacity as an employee, agent, or officer of any other person or a company or other organisation, then You are entering into a contract on behalf of that person, company, or organisation, who will be deemed to be the contracting party (i.e. “You” or “Your”) for the purpose of the remainder of these Terms and Conditions. You must cease using this Website if You are not authorised to enter into contracts of this nature on behalf of your company or organisation.
If you are using the Website to purchase a Product for another person, their use of that Product will be deemed to be Your use for the purpose of these Terms and Conditions, whether or not their use is contemplated by You. Likewise, you will be deemed to be their agent and will legally bind them to these Terms and Conditions.
These Terms and Conditions represent the entire agreement between You and Us regarding Your use of the Website and the Products.
We may change these Terms and Conditions and give notice to You by posting amended Terms and Conditions on the Website at any time.
MODIFICATIONS TO PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Our Products contain the ingredients listed on their packaging as required by law. We make no medical or therapeutic claims in relation to our Products, unless these are explicitly included on the Product’s packaging. Where we state on Our packaging that Products are free of meat, dairy, gluten, added salt or alcohol, then they will comply with this description.
The name that will appear on your statement will be Cress Valley Limited.
You agree to pay for all Products that You order from the Website upon completing your order for that Product, at the rates specified on the Website at that time, and on the terms contained in these Terms and Conditions.
Your payment will be processed before the Product will be dispatched for delivery.
Prices are displayed in New Zealand Dollars (NZD) and include Goods and Services Tax (GST) of 15%.
SITE SECURITY / PAYMENT SECURITY
Our Website is hosted by Shopify, which is PCI compliant by default so payment info and business data is kept safe. Shopify's compliance covers all six PCI standard categories. The Payment Card Industry Data Security Standard (PCI DSS) is a security standard for organisations that handle credit and debit card information. The standard was created to increase controls around payment data to reduce fraud. Because our site is hosted by Shopify it is PCI compliant certified Level 1 PCI DSS compliant. All your payments are SSL (Secure Sockets Layer) protected, which encrypts communication between your store and external content, and publishes the content securely using HTTPS instead of HTTP.
All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Products and the Website are and will remain Our sole property.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Our products and information on this website are supplementary only and not intended or recommended as a means of diagnosing or treating any physical or mental condition, nor is it intended to replace a healthy diet. All matters concerning health should be consulted by a health practitioner.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We aim to dispatch products as soon as possible depending on the time of day your order is submitted. Allow 2-3 working days handling time and another 2-3 days transit time for local delivery by NZ Couriers. Rural delivery will take an extra 2 days.
Shipping and freight charges are listed in Our website and will be calculated at checkout. We reserve the right to alter permitted shipping and freight charges at any time, and any new charges will apply to all orders placed after the altered charges are listed on Our website.
All courier prices include Goods and Services Tax (GST).
PRIVACY AND USE OF DATA
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information 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. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “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 how you browse the Site.
Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Shopify.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Shopify.com’s data storage, databases and the general Shopify.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Shopify.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
You always have the option to opt out of such services by emailing firstname.lastname@example.org with the subject line ‘Unsubscribe.’
If you have questions, please contact us by e-mail at email@example.com.
To the maximum extent permitted by law, the Website is provided on an “as is” basis, without any warranty of any kind either express or implied including but not limited as to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website is error free or that any services provided through the Website will be uninterrupted.
You accept all risk and any liability arising from Your use of the Products. In no event will We be liable to You or any other person for any lost profits, lost savings, or damages (including special, direct, indirect, punitive, consequential, or incidental damages) or any claims, proceedings, costs, demands, liabilities and expenses incurred by You arising out of or relating to Your use of the Website or the Products, whether in contract, tort (including negligence) or equity even if We have been advised of the possibility of such loss or damage.
If We are prohibited by law from excluding all liability, Our aggregate liability in relation to any claims arising out of or relating to the Website or any Products or services supplied to You by Us under these terms and conditions will in any event be absolutely limited to, at Our option:
A refund of the amount paid by You to Us for the applicable Product; or
Replacement of the applicable Product; or
Supply of an equivalent Product.
These Terms and Conditions will be construed in accordance with the laws of New Zealand, and in terms of the enforceability of these Terms and Conditions shall be deemed “in writing” and “accepted” by both parties. And disputes arising out of this these Terms and Conditions or their subject matter shall be referred to and finally resolved by New Zealand courts, in accordance with New Zealand law.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org.