Terms of service
Terms of Service – Wesco Seeds
OVERVIEW
Welcome to Wesco Seeds. The terms “we”, “us” and “our” refer to Wesco Seeds.
Wesco Seeds operates this website and online store, including all related information, content, features, tools, products and services (the “Services”).
Wesco Seeds uses Shopify to provide the platform that enables us to deliver these Services.
The following Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our Services.
By visiting our website, interacting with our Services, or purchasing from us, you agree to be bound by these Terms of Service and our Privacy Policy.
If you do not agree with these Terms, you should not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services you confirm that you are at least the age of majority in New Zealand.
To use the Services you may be asked to provide information including:
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Name
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Email address
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Billing information
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Payment details
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Delivery address
You represent that all information provided is accurate, current and complete.
You are responsible for maintaining the security of your account and for all activity that occurs under your account.
SECTION 2 – PRODUCTS
We make every effort to display accurate descriptions and images of our products. However, colours and product appearance may vary depending on device settings and screen displays.
All product descriptions are subject to change at any time without notice.
We reserve the right to discontinue products or limit quantities supplied.
SECTION 3 – SEED PERFORMANCE
Agricultural seed is a biological product and its performance can vary depending on many factors beyond our control, including:
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Soil conditions
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Weather and climate
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Rainfall
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Fertility levels
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Pest or disease pressure
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Farm management practices
While Wesco Seeds ensures that seed is supplied to recognised industry standards where applicable, Wesco Seeds does not guarantee crop yield, pasture establishment, or field performance once seed has been sown.
SECTION 4 – ORDERS
When you place an order with Wesco Seeds you are making an offer to purchase.
We reserve the right to accept or decline any order at our discretion.
An order is not considered accepted until we confirm acceptance.
We may cancel or modify orders if:
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Products are unavailable
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Pricing errors occur
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Fraud or misuse is suspected
Purchases are subject to our Refund Policy.
Products purchased are intended for agricultural use and not for resale unless agreed by Wesco Seeds.
SECTION 5 – PRICES AND BILLING
Prices are displayed in New Zealand Dollars (NZD) and may be exclusive of GST unless stated otherwise.
Prices, promotions and discounts may change without notice.
Additional charges may apply including:
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Freight
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Handling
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Taxes where applicable
You agree to provide accurate payment and billing information when placing an order.
SECTION 6 – SHIPPING AND DELIVERY
Delivery timeframes are estimates only and are not guaranteed.
Wesco Seeds is not responsible for delays caused by:
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Freight providers
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Weather events
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Supply disruptions
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Circumstances beyond our control
Risk in the goods passes to the customer upon delivery.
SECTION 7 – INTELLECTUAL PROPERTY
All content on this website including:
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Text
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Images
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Branding
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Logos
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Product descriptions
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Website design
is owned by Wesco Seeds or its licensors and is protected by intellectual property laws.
You may not copy, reproduce, distribute or exploit any content without prior written permission.
SECTION 8 – OPTIONAL TOOLS
We may provide access to third-party tools which we do not monitor or control.
These tools are provided “as is” without warranties or guarantees.
Your use of such tools is entirely at your own risk.
SECTION 9 – THIRD-PARTY LINKS
Our Services may include links to third-party websites.
We are not responsible for the content, policies, or practices of these external websites.
Accessing third-party sites is done at your own risk.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
Wesco Seeds uses Shopify to power our online store.
However, all purchases made through the store are transactions between you and Wesco Seeds.
Shopify is not responsible for any aspect of your purchase including product performance, delivery, or customer service.
SECTION 11 – PRIVACY POLICY
Your submission of personal information through the store is governed by our Privacy Policy.
Because the store is hosted on Shopify, some information may also be processed by Shopify in order to provide the Services.
SECTION 12 – ERRORS AND OMISSIONS
Occasionally there may be errors in product descriptions, pricing or availability.
We reserve the right to correct any errors or inaccuracies and to cancel orders where necessary.
SECTION 13 – PROHIBITED USES
You may not use the Services:
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For unlawful purposes
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To violate any laws or regulations
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To infringe intellectual property rights
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To distribute malicious software
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To interfere with website functionality
We reserve the right to terminate your access if these terms are violated.
SECTION 14 – TERMINATION
We may suspend or terminate your access to the Services at any time if these Terms are breached.
Any obligations or liabilities incurred prior to termination will remain in effect.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available” without warranties of any kind, either express or implied.
We do not guarantee uninterrupted or error-free operation of the Services.
SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Wesco Seeds will not be liable for any:
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Crop loss
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Loss of profits
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Loss of production
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Indirect or consequential damages
arising from the use of the Services or the purchase of products.
SECTION 17 – LIMITATION OF REMEDIES
To the extent permitted by law, the liability of Wesco Seeds for any claim relating to seed supplied by Wesco Seeds is limited to replacement of the seed supplied or refund of the purchase price of the seed, at the discretion of Wesco Seeds.
Wesco Seeds shall not be liable for any indirect, consequential, or special damages including but not limited to:
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loss of crop
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loss of production
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loss of profits
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loss of farming income
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loss resulting from pasture establishment failure
By purchasing seed from Wesco Seeds, the customer acknowledges that the success of any crop or pasture depends on many factors beyond the control of Wesco Seeds including soil conditions, weather, management practices, pests, disease, and other environmental factors.
SECTION 18 – CONSUMER GUARANTEES ACT
Where goods are supplied for business purposes, the Consumer Guarantees Act 1993 does not apply, as permitted under section 43 of that Act.
Where the Act does apply, nothing in these Terms limits your rights under New Zealand law.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
SECTION 20 – ENTIRE AGREEMENT
These Terms of Service, together with our policies, constitute the entire agreement between you and Wesco Seeds regarding your use of the Services.
SECTION 21 – ASSIGNMENT
You may not assign or transfer your rights under these Terms without our written consent.
Wesco Seeds may assign these Terms without notice.
SECTION 22 – GOVERNING LAW
These Terms of Service are governed by the laws of New Zealand.
Any disputes arising from these Terms or from purchases made through the Services will be subject to the jurisdiction of the courts of New Zealand.
SECTION 23 – CHANGES TO TERMS
We may update these Terms from time to time.
The most current version will always be posted on this page.
Your continued use of the Services constitutes acceptance of any changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Wesco Seeds
Email: info@wesco.co.nz
Phone: 0800 643 643
Address: 112 Catherwoods road RD1 Rangiora
