Terms + Conditions

Overview

This website is operated by Botanical Charm. Throughout the site, the terms “we”, “us” and “our” refer to Botanical Charm. Botanical Charm offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Definitions:

• “Delivery Terms” means the terms provided under Delivery Terms available through our website.
• “Goods” means all Goods provided by us to you through our online ordering system.
• “Privacy Policy” means the terms provided in the Privacy Policy available through our website.
• “Terms” includes these terms and conditions and any changes to them.
• “Website” includes but is not limited to the Botanical Charm website, www.botanicalcharm.co.nz, and ecommerce platforms, and other domains owned by Botanical Charm directing to this website including social media and other shopping and participation in promotions run by Botanical Charm. We may change these terms and conditions at any time by posting changes online.
• “You” means the person accessing or using the website and “your” has a corresponding meaning.
• “We”, "Are", and “Botanical Charm” means Botanical Charm, its related business/companies, successors and assignees. “Our” and “us” have a corresponding meaning.

Section 1 - Online Store Terms

If you do not agree to the terms, you should exit the site and refrain from placing any order.

We reserve the right to change the terms, conditions, and notices under which the website is offered, including but not limited to the charges associated with the use of the website. Any changes will take effect from the time they are published on the website.

We will occasionally provide content and information which children may find interesting and may wish to access. However, no one under the age of 13 years is allowed to provide any personal information.

Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on this website.

We reserve the right to:

• Make changes to our product descriptions and prices and such changes will take effect from the time they are published on this site.
• Cancel any order by immediately notifying you by e-mail or phone, using the e-mail address or number/s provided. We will refund the monies paid using the original method received.
• Take reasonable steps to verify that the order and credit details are bona fide means "in good faith" in Latin.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

To the maximum extent permitted by law, this agreement is governed by the laws New Zealand and you hereby consent to the exclusive jurisdiction and venue of courts of New Zealand in all disputes arising out of or relating to the use of the website.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Botanical Charm as a result of this agreement or use of the website.

If any part of this agreement is determined to be invalid or unenforceable by the relevant authority then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified, this agreement constitutes the entire agreement between the you and us with respect to the website and it supersedes all prior or contemporaneous communications and proposals.

No failure or delay by us in insisting upon strict performance of these Terms or exercising any right under these Terms will operate as a waiver of those matters.

Section 3 - Modifications To The Service And Prices

All prices on this website are stated in New Zealand Dollars (NZD) and are inclusive of GST.

Orders will be processed in New Zealand Dollars (NZD), we do not accept payments in other currencies.

We reserve the right to change prices of goods advertised on this website, without notice.

We do not guarantee the price of any item listed on this website until your order has been processed. Whilst we take steps to ensure the price and details of products listed are correct, if they are incorrect, we reserve the right to cancel the order and refund.

If a promotion is noted as “Limited Time Only” or "While Stocks Last" this means;

• No holds, laybys, or rain checks.
• No exchanges or refunds unless goods are faulty.

Section 4 - Free Shipping

Free shipping on orders over $120, price may change without notices for the amount needed to get free shipping.

Price is base on small lightweight parcels and excluded from free shipping are medium -to- large parcel/bag, bulky of the items, and items over-sized items, and example is the 'Coco Fibre Potting Mix' by 'The Gardener', weights at 5kg. Please note that we will need to email you to pay the difference in price for extra costs. You parcel will not be shipped and we will be in contact with you as soon as possible.

Section 5 - Sales Items

Sales items are non-refundable, Botanical Charm are not legally required to refund the difference in price if an item goes on sale after you purchase it.

Section 6 - Payment Information

You must pay for the Goods upon placing your order on the website. Your order will not be placed until your payment has been processed. All payments shall be made without set-off or deduction

All orders are subject to availability of stock. When you place an order, we will require the following information;

• your name,
  
• email address,
• credit/debit card,
• phone and address details.

Your shopping address details will be filed saving you the effort of entering these details each time you checkout. You can remove yourself from the email list by using the link at the bottom of each email or by contacting us.

Once your order is placed, we will provide you with confirmation that your order has been received but this is not confirmation that your offer to buy the items has been accepted. Our contract for the sale of our products will only exist once an order has been accepted, processed and dispatched to you.

Should there be an issue with your order, we will contact you either by phone or email.

Section 7 - Gift Voucher's

Customers purchasing gift vouchers online will receive the virtual voucher to their email. It is the purchaser’s responsibility to forward the online voucher on their recipient. For your peace of mind, ask for signature required. Gift Vouchers are not returnable, refundable, or redeemable for cash and cannot be used towards the purchase of another gift voucher. Botanical Charm reserves the right to deactivate any gift voucher with less than a two-dollar ($2) balance after two years of no interaction with the voucher. Botanical Charm shall not be responsible for any gift voucher that may be lost, stolen or damaged.

Section 8 - Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We do not warrant that the description of goods or other content of this site is accurate, complete, reliable, current or error-free. We are not responsible for any errors or omissions or for the results arising from the use of such information.

All colours of products are reproduced as accurately as possible, however, a slight variation may occur in colour and size specifications. Colours may appear slightly different via this website due to computer picture resolution and individual monitor settings. Plants will vary in shape and size from those pictured.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 9 - Changing An Order

Orders cannot be changed after they have been submitted; Incorrect / incomplete delivery information:

We understand that mistakes happen and we want to do whatever we can to make sure you get your parcel. Please contact us ASAP and if we have not yet begun processing your order, we will be able to update your shipping information. Examples wrong address, wrong products, wrong amount order, etc.

However, once the shipping process has begun, we cannot change your order or shipping address. Please understand that we cannot be held responsible for incorrect addresses, unclaimed shipments, undeliverable addresses or any other incomplete or incorrect information provided by you. 

This means that if your undelivered parcel is returned to us and you would like us to reship it, we will ask you to cover the reshipping costs. If you would like a refund instead, we will refund the purchase price of your product/s, excluding any original shipping costs paid.

Section 10 - Intellectual Property

You may use this website only for your personal and non-commercial purposes. Images, text, site design, logos, graphics and any other content and software on this site, including their arrangement, selection and assembly, are the property of Botanical Charm, unless specified otherwise.

Except to the extent permitted by relevant legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this web site, without obtaining our prior written consent.

Unauthorised use of the images, designs and other materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil proceedings and penalties.

NO COPYCAT WEBSITE are name, logo, are Trade Mark (R) with New Zealand Intellectual Property Office. This is the 'official' site and 'authorised' for Botanical Charm. Other often feature a similar look and feel and brand design are COPYCAT.

All contents of the Botanical Charm website are: Copyright 2024 by Botanical Charm and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Section 11 - Disclaimer Of Service

This Service provides general information about Botanical Charm and the products and services they offer. The information contained on this page has been prepared solely for the purpose of providing information about Botanical Charm and the services and products they offer. We reserve the right to change, delete or move any of the material on the website at any time without notice. Botanical Charm and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the website.

This includes viruses alleged to have been obtained from the site, your use of or reliance on the site or any of the information or materials available on the site, regardless of the type of claim or the nature of the cause of action.

The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We and/or our suppliers may make improvements and/or changes in the website at any time. Advice received via the website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

We and/or our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. We and/or our suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Section 12 - Warranties

The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded. Other than as expressly provided for in these Terms, we exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied by common law, equity or otherwise.

Where you acquire goods from us for the purposes of a business:       

The parties acknowledge and agree that:

• You are acquiring the good covered by these Terms for the purposes of a business in terms of sections 2 and 43(2) of the Consumer Guarantees Act 1993;
• The goods are both supplied and acquired in trade for the purposes of the Fair Trading Act 1986 and the parties agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A (Unsubstantiated representations), and 13 (False or misleading representations); and
• You agree that all warranties, conditions and other terms implied by the Consumer Guarantees Act 1993 or sections 9, 12A and 13 of the Fair Trading Act 1986 are excluded from these Terms to the fullest extent permitted by law and the parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.

Section 13 - Disclaimer Of Warranties; Limitation of Liability

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall Botanical Charm, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Section 14 - Privacy Of Information

You authorise us to collect, retain and use information about you from any person for the purposes of assessing your creditworthiness. We will obtain and use this information in accordance with our Privacy Policy.

Any notice may be given by phone, in person, posted or sent by fax or email from either party to another.

Section 15 - Force Majeure

Force majeure, We shall not be liable for delay or failure to perform our obligations under these Terms If the cause of delay or failure is beyond our reasonable control. These clauses generally cover both natural disasters and catastrophes created by humans.

Section 16 - Use Of Cookies

Some pages on this site use “cookies” which are small files that the site places on your hard drive for identification purposes. These files are used for site registration and customisation the next time you visit us. You should note that cookies cannot read data on your hard drive. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you do not accept cookies, some pages may not function fully, and you may not be able to access certain information on the site.

Section 17 - Third Party Sites

The website may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 18 - No Unlawful Or Prohibited Use

As a condition of your use of the website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by law, these terms, conditions, and notices.

You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Botanical Charm website.

Section 19 - Use Of Communication Services

The website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).

You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
• We have no obligation to monitor the Communication Services but reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
• We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
• We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
• We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
• Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Section 20 - Provided Of Materials

Materials provided to Botanical Charm or posted on our website; we do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to the Botanical Charm website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of our Internet businesses including, without limitation, the rights to:

• copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and 
• to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Section 21 -  Disclaimer Of Service Title and Risk

The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors.

Changes are periodically added to the information herein. We and/or our suppliers may make improvements and/or changes in the website at any time.

Advice received via the website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

We and/or our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose.

To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind.

We and/or our suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Section 22 - Termination / Access Restriction

We reserve the right, in our sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.

Section 23 - 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.

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.

Section 24 - Modifications To The Service And Prices

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.

Section 25 - Accuracy Of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

Section 26 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 27 - User Of Comments, Feedback And Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation 
(1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 28 - Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 29 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 30 - Indemnification

You agree to indemnify, defend and hold harmless Botanical Charm, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 31 - Severabilty

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.

Section 32 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 33 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

Any agreement arising between us shall be interpreted and governed by the laws of New Zealand. Any disputes arising under the agreement or related to this site shall be dealt with by the courts of New Zealand.

Section 34 - Changes To Terms Of Service

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.

Section 35 - Contact Information

If you have any queries regarding these terms and conditions or shopping with www.botanicalcharm.co.nz use Contact Us page