The Terms of Use
Fine Aromatics Limited (“Fine Aromatics”) owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions (“Terms of Use”). If you do not agree to the Terms of Use, please do not use this website.
Ownership of Website and Content
Fine Aromatics owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of New Zealand and may not be used without written permission by Fine Aromatics. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Fine Aromatics or of the relevant trade mark owner.
Security
Fine Aromatics cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.
Third Party Content
This website contains information from or hyperlinks to websites operated by third parties. Fine Aromatics provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.
Revisions
Fine Aromatics may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.
Liability
Fine Aromatics provides this website and its contents on an “as is” basis, and to the extent permitted by law makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Again, to the extent permitted by law, Fine Aromatics will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.
If your use of this website or its content is subject to the New Zealand Fair Trading Act 1986 (“FTA”) and/or Consumer Guarantees Act 1993 (“CGA”), you may have rights or remedies which are not excluded or limited by the above. However, if you are using this website or its content for business purposes, are acquiring goods or services in trade through this website and are in trade yourself, then the above exclusions and limitations will still apply and you agree that the CGA will not apply. Similarly, if you are acquiring goods or services in trade through this website and you are in trade, then you agree to contract out of sections 9, 12A and 13 of the FTA.
Your Privacy is Important
We are committed to protecting the privacy of everyone who shops or interacts with us. Our Privacy Policy sets out our commitment to you on privacy, including our use of “cookies”.
Governing Law
Fine Aromatics operates this website from its offices within New Zealand. To the extent permitted by law, the laws of New Zealand govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand. You agree to be responsible for compliance with applicable local laws if you access this website outside New Zealand.
The Agreement
In addition to the Terms of Use, these terms and conditions (“the Purchase Terms”) set out the additional terms and conditions under which you may purchase from Fine Aromatics products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Fine Aromatics once Fine Aromatics accepts an order. Each accepted order is a separate agreement.
Customer Application
You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Fine Aromatics if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.
Orders
You place an order with Fine Aromatics by selecting products and pressing the “place order” button on the checkout page. Fine Aromatics reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Fine Aromatics at the time of successful transmission of the order, and you will thereafter be unable to cancel the order to the extent permitted by law. Orders are deemed accepted by Fine Aromatics upon Fine Aromatics acknowledging such order or failing to reject such order within 14 days. We only accept orders from New Zealand.
Product Availability
Fine Aromatics uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Fine Aromatics may need to reject an order you have placed for a product where Fine Aromatics establishes that it is actually unavailable for delivery. In such cases Fine Aromatics will refund in full all amounts you paid in respect of such unavailable product. Fine Aromatics cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.
Payment
You must pay for your products purchased on this website at the time of placing an order. We accept payment via the Stripe payment gateway.
Variation of Products and Price
Fine Aromatics may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full.
Delivery
Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Fine Aromatics’ Delivery Policy. The Delivery Policy is expressly incorporated in these Purchase Terms. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.
Returns
Return claims (including for replacement products, refunds or credits) are detailed in Fine Aromatics’ Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.
These Terms of Use govern your conduct associated with the Product Review service (the “PR Service”) offered by Fine Aromatics. To the extent of any conflict between Fine Aromatics’ Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the PR Service.
By submitting any content to Fine Aromatics, you represent and warrant that:
You further agree and warrant that you shall not submit any content:
You agree to indemnify and hold Fine Aromatics(and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Fine Aromatics (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Fine Aromatics’ sole discretion. Fine Aromatics reserves the right to change, condense or delete any content on Fine Aromatics’ website that Fine Aromatics deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Fine Aromatics does not guarantee that you will have any recourse through Fine Aromatics to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Fine Aromatics reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Fine Aromatics, are responsible for the contents of your submission.
None of the content that you submit shall be subject to any obligation of confidence on the part of Fine Aromatics, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that Fine Aromatics and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
By submitting your review you are also consenting to the use of your name, to be published in conjunction with your review.
