RURALCO TERMS & cONDITIONS


RURALCO ONLINE TERMS OF TRADE

1. About these Terms
1.1 In these Terms, "we", “us” or “our” means Ashburton Trading Society, trading as Ruralco NZ Limited, its related companies, successors and assigns and "you" or “your” means the person or entity purchasing goods from us.
1.2 These Terms apply to the purchase of goods by you from us. By purchasing goods from us, you are deemed to have accepted these Terms. 
1.3 We may vary these Terms from time to time by publishing the amended Terms on our website (ruralco.co.nz) and the amended Terms will apply from your next purchase of goods from us. 

2. Background 
2.1 We sell goods in-store (our stores can be found here: ruralco.co.nz/Contact-Us) and from our online shop (you can access our online shop here: ruralco.co.nz/Shop). Some goods may only be available for purchase in-store or from our online shop. Where goods are sold both in-store and from our online shop, the in-store price and the online shop price for the same good may differ.
2.2 We offer a Ruralco Card (you can find out more about this card here: https://www.ruralco.co.nz/Contact-Support), which can be used to purchase goods both in-store and from our online shop. We also offer gift vouchers, but these can only be used to purchase goods in-store.

ONLINE SHOP
The following terms 3 to 6 only apply to the purchase of goods from our online shop.
3. Prices 
3.1 All prices listed on our online shop are:
(a) in New Zealand dollars;
(b) listed at Ruralco Cardholder prices; 
(c) include GST; 
(d) are subject to change at any time; and
(e) available to all our online customers (regardless of payment method) unless specified otherwise.

4. Product Information 
4.1 We make every effort to provide relevant information about our goods on our online shop and to display our goods as accurately as possible on our online shop. However, any measurements provided are estimates only and we do not guarantee that the goods received by you will match the colour, texture or detail shown on our online shop.
4.2 If you have any concerns about product information, please contact us before placing an order from our online shop. 

5. Product Availability 
5.1 We make every effort to hold in stock all goods offered for sale from our online shop and to let you know at the time of placing an order whether we have the goods in stock or will need to order them in. However, the availability of goods changes daily and we do not guarantee that we will hold the goods in stock or can order them in. 
5.2 If we do hold the goods in stock, we make every effort to have your order ready for delivery or collection within 1 to 3 business days from the date of your order. If we do not hold the goods in stock and need to order them in, we will let you know when we expect to have your order ready for delivery or collection. However, any timeframe given is an estimate only and we do not guarantee that your order will be ready within that timeframe. 
5.3 We reserve the right to limit the number of goods you can purchase.
5.4 We reserve the right to offer certain goods for sale to our members only. Where this is the case, it will:
(a) be stated on our online shop, and;
(b) require a member to login before the good can be purchased.

 

6. Ordering and Payment
6.1 You can place an order to purchase goods from our online shop by following the prompts. As part of this, you will need to provide certain information to us. By providing this information to us, you warrant that it is true, accurate and complete.
6.2 We require payment for the goods at the time you place an order. You can pay for the goods by using a valid:
(a) Ruralco Card, by logging into your Ruralco Membership Account; or
(b) credit card (VISA or MasterCard only), by using our secure online payment system with BNZ Securit-E (Paymark Click). You will be charged in New Zealand dollars and the name that will appear on your statement will be “ATS”. 
By using a Ruralco Card or credit card, you warrant that you have full authority to use that card to pay for the goods.   
6.3 Once you have placed your order with us, you will be unable to change or cancel it. If you have any concerns about your order, please contact us before placing it.
6.4 We have no obligation to fulfil your order and we may cancel your order (in whole or in part) at any time for any reason. If we cancel your order, we will notify you of this and refund any amount paid by you for the relevant goods as soon as reasonably possible. This is the maximum extent of our liability to you if we do not fulfil your order. 

DELIVERY AND COLLECTION
The following terms 7 to 10 apply to the purchase of goods in-store and from our online shop.

7. Delivery
7.1 Subject to clauses 7.3 and 15.2, we offer free delivery of all goods purchased from our online shop to any address within New Zealand.  
7.2 Our delivery partners include, but not limited to, CourierPost, Fastway Couriers and TIL Freight. We will notify you once your order has been passed on to our delivery partners. Our delivery partners only operate on business days. You may be able to track the delivery if our delivery partners offer this service. You will have to to sign for the order on delivery.  
7.3 If we determine for any reason that we cannot offer free delivery under clause 7.1, we will notify you of this and let you know the cost of delivery of the goods to you and give you the option to cancel your order. We will not deliver the goods until you have paid the costs of delivery or the costs of delivery have been charged to your Ruralco Membership Account. If you wish to cancel your order, we will refund any amount paid by you for the relevant goods as soon as reasonably possible. 

8. Collection 
8.1 You may choose to collect goods purchased from our online shop at one of our stores. We will notify you when your order is ready for collection. 

9. Hazardous and Dangerous Goods
9.1 If you purchase hazardous and/or dangerous goods from us, we will comply with our requirements at law in respect of supply and delivery of these goods to you, and you must also comply with your requirements at law in respect of handling and storing these goods and provide evidence of this to us if requested. As part of this, you must provide us with proof of certification to store and handle these goods. We will contact you if we require anything further from you and to arrange delivery and receipt of these goods.

10. International Deliveries  
10.1 We do not deliver goods outside of New Zealand. If you want to purchase goods for delivery outside of New Zealand, please contact us to see if this is possible and what terms will apply. 

RETURNS
The following terms 11 to 16 apply to the purchase of goods in-store and from our online shop.

11. Returns 
11.1 You are responsible for checking the quantity of goods supplied to you against your order and the quality and condition of the goods supplied to you and satisfying yourself in relation to the same. You are deemed to have accepted the goods, unless you return the goods in accordance with this returns policy.
11.2 You may return the goods if the goods have a defect, have been damaged during delivery, are incorrect or you have changed your mind on the goods in accordance with clauses 12 to 15 (as applicable). If you have any concerns about returns, please contact us before returning the goods to us.
11.3 You may return the goods at one of our stores or by posting the goods to us. All returns must be accompanied by a completed returns form (you can download the returns form here, which includes further details on the returns process) and all goods must be returned: 
(a) in their original packaging;
(b) with any tags still intact; 
(c) with all manuals and instructions (or similar); and
(d) with proof of purchase from us. 
11.4 On receipt of your completed return form (and the relevant goods), we will process your return (and attend to any applicable refund, repair or replacement) as soon as reasonably possible.  

Download Returns Form

12. Defective Goods
12.1 If you wish to return goods that have a defect, you must do so promptly on finding the defect. If we agree that the goods have a defect, we will either refund the amount paid by you for the relevant good or deliver a replacement good to you (as nominated by you in your returns form). 
12.2 Goods will not be defective if we reasonably believe that, following supply of the goods to you, the goods have become defective due to (but not limited to) fair wear and tear, misuse or abnormal use, failure to use in accordance with manufacturer’s instructions or failure to take reasonable care.

13. Goods Damaged during Delivery 
13.1 If you wish to return goods that have been damaged during delivery to you, you must do so promptly on receiving the goods. If we agree that the goods have been damaged during delivery, we will either refund the amount paid by you for the relevant good, deliver a replacement good to you or repair the good and deliver the repaired good to you (as considered appropriate by us).

14. Incorrect Goods
14.1 If you receive goods that are incorrect against your order, you must return the goods promptly on receiving the incorrect goods. If we agree that the goods are incorrect, we will deliver the correct goods to you. 

15. Change of Mind 
15.1 If you have changed your mind on the goods, you may only return them under this clause 15 if they are unused, in the same condition as when you received them, and are not those types of goods set out under clause 15.3. 
15.2 If you have changed your mind on the goods and wish to return them, you must do so within 30 days of receiving the goods. We will  either refund the amount paid by you for the relevant good (less the costs of delivery (if any) incurred by us to deliver the goods to you) or exchange the good and deliver the exchanged good to you (as nominated by you in your returns form). You must cover the cost of returning the goods to us and the cost of  delivering the exchanged goods.
15.3 Goods which cannot be returned due to a change of mind include underwear, socks, refrigerated goods, goods close to their expiry date (as reasonably determined by us), special order or custom-made goods, bulk goods and seeds and any other goods reasonably determined by us. 

16. Miscellaneous 
16.1 This clause 16.1 only applies if you returned the goods to us by post. If we agree that the goods have a defect, have been damaged during delivery or are incorrect (as the case may be), we will reimburse you for the reasonable costs of delivery incurred by you, if you provide us with a copy of the delivery receipt.  We will also pay the cost of delivering the replacement good or correct good (if applicable) to you.  Except as set out in this clause, all other costs of delivery in respect of returns will be payable by you. 
16.2 If we do not agree that you have the right to return the goods under our returns policy, we will notify you of this and give you the option to collect the goods from us or pay the cost of delivering the goods back to you. We reserve the right to charge you for our time to examine the goods and arrange the return of the goods to you. We are not required to return the goods back to you until we have received payment of all amounts owing to us under these Terms. 
16.3 We may voluntarily recall any goods that we supply to you if we believe the goods will or may cause injury to any person or the goods do not comply with a product safety standard. If any goods are to be recalled, we will notify you of this and you will cooperate with us and do all things reasonably necessary to enable us to recall the goods.

GENERAL
17. Warranties and Limitation of Liability
17.1 Except as expressly set out in these Terms, all representations and warranties (statutory, expressed or implied) are excluded, to the maximum extent permitted by law.
17.2 Except as expressly set out in these Terms, we will not be liable to you for any direct or indirect (including special and consequential) loss, cost, expense liability or damage in relation to or arising out of these Terms or any purchase of goods by you from us, to the maximum extent permitted by law. 
17.3 This clause applies if the goods are acquired by you in trade. Both of us agree that the goods are acquired by you in trade, and as a result, the Consumer Guarantees Act 1993 does not apply, nor do sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986. 

18. Indemnity 
18.1 You shall indemnify us against any loss, damage, cost or expense incurred or suffered by us in connection with a breach of these Terms by you. 

19. Privacy
19.1 Our privacy policy (you can read our privacy policy here: ruralco.co.nz/Legal-Disclaimer) applies in relation to all personal information we collect from you in relation to or arising out of these Terms or any purchase of goods by you from us.
19.2 Without limiting any clause in our privacy policy, we do not sell or trade your personal information to others. However, we do use other companies and individuals to perform services on our behalf (such as delivering orders, sending communications and processing credit card payments). They will have access to your personal information in order to perform these services, but are not authorised to use your information for any other purpose.

20. Force Majeure
20.1 Neither of us will be liable to the other for of any delay in performance, or non-performance, of any obligations under these Terms (other than a lack of resources (including money) for any reason), to the extent that the delay or non-performance is due to any circumstances not caused by or contributed to the party seeking to rely on this clause and which has been notified by that party to the other in writing.

21. Disputes
21.1 If a dispute arises out of or relates to these Terms or a purchase of goods by you from us, we will both endeavor to resolve the dispute by good faith negotiations between us. If we are unable to resolve the dispute during negotiations, either one of us may refer the dispute to mediation by notice in writing by a mediator to be agreed between the both of us within 7 days of that notice or failing agreement by the President of the New Zealand Law Society or his or her nominee. We will share the costs of the mediator equally. 

22. Waiver
22.1 No failure or delay by us in exercising our rights under these Terms shall be deemed to be a waiver of that right or any subsequent breach of the same or any other provisions in these Terms.    

23. Severability
23.1 Any unlawful or voidable provision or part provision in these Terms shall be read down so as to be valid and enforceable or, if it cannot be read down, will be severed from these Terms without affecting the validity, legality or enforceability of the remaining provisions or part provisions.

24. Governing Law
24.1 Our relationship with you is governed by New Zealand law and the courts of New Zealand have exclusive jurisdiction.

25. Enquiries 
25.1 If you need to contact us, you can visit us in person or write to us at 97 Burnett Street, Ashburton, phone us on 0800 787 256 or send an email to us at orders@ruralco.co.nz.


 

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