Terms & Conditions.
This website is NZ owned and operated by The Avo Tree Limited
“Customer” Means the person who purchases fruit using your login “The Avo Tree” Means www.theavotree.co.nz
“GST” Means Goods & Services Tax chargeable in accordance with the Goods & Services Tax Act 1985
“Login” Means a customer’s personal email address and password used to access The Avo Tree
“Fruit” Means products for sale on The Avo Tree website
By using The Avo Tree you agree that you have read, understood and accepted these terms and conditions. All Fruit and other products supplied by The Avo Tree will be in accordance with these terms and conditions and The Avo Tree has the right to change these terms and conditions from time to time.
The Avo Tree has the discretion to decline any order placed or cancel any order for any reason.
Customers are liable for every order made under their login.
The Avo Tree takes steps to ensure the information provided on its website is correct, however there is no warranty in this regard and The Avo Tree will not be liable for any error or omission. All photos show a representation of appearance of the product, but there is likely to be variations within a variety.
The customer will pay The Avo Tree for the fruit ordered at the price displayed on the website at the time the order is submitted together with all shipping costs.
As stated in our FAQ’s, prices for one-off boxes and subscriptions will fluctuate. Like any seasonal produce this will decrease and increase throughout the avocado season. Prices will be consistent across one-off purchasing and subscriptions.
Shipping Costs are determined by location. For rural areas there will be an additional cost of $4.50 Shipping Costs charged per box of Fruit ordered.
In the event the customer has selected an incorrect shipping option, The Avo Tree reserves the right to refuse or cancel the order, or to charge for any additional shipping costs. The customer will be notified if there is any additional delivery charge for their order.
The prices of fruit and shipping costs are in New Zealand currency and are inclusive of GST.
If The Avo Tree is unable to supply the fruit ordered, The Avo Tree will refund the Customer’s payment or provide a similar alternative on customers approval.
3. PRODUCT QUALITY
The customer acknowledges The Avo Tree is selling perishable goods. The Avo Tree will, at its discretion, replace any damaged fruit or provide a refund provided the customer lets The Avo Tree know within 48 hours of receiving the damaged fruit. If requested by The Avo Tree you need to provide a photo of damaged fruit before any refund or replacement.
The Avo Tree will not be liable for damage to fruit as a result of it being incorrectly stored or handled after delivery.
Customers must pay for the fruit purchased either by internet banking or by credit card before their order will be dispatched.
The customer is liable for all costs associated with debt collection.
The Avo Tree does not keep on record any customers credit card details.
Direct Payment Solutions (DPS) is the company The Avo Tree uses for processing all credit card transactions securely.
Customers with a The Avo Tree account who receive invoice billing are required to pay on the stated due date. The Avo Tree will charge interest of 3% per month and debt collection charges on any accounts not paid by the due date.
The Avo Tree reserves the right to withhold delivery of any product for any reason whatsoever.
Deliveries will be made to the address and location the customer has identified on the order and once left at the specified address the fruit will be deemed to be delivered.
The customer will ensure The Avo Tree or its agent is able to deliver where instructed by the Customer.
The Avo Tree endeavours to dispatch all orders within six working days. If a customer has not received an order within seven days of having placed the order, they are required to contact The Avo Tree. In the event the customer receives an incorrect order the customer is required to notify The Avo Tree within 24 hours of receipt and failure to do so will deem acceptance of the fruit delivered by The Avo Tree. If the customer contacts The Avo Tree within 24 hours The Avo Tree will arrange for replacement of the correct fruit if it is available.
6. LIABILITY AND INDEMNITY, PRODUCT LIABILITY & LIABILITY OF THE AVO TREE
The Avo Tree is not liable for any loss, damage or injury arising directly or indirectly from any fruit. The Avo Tree is not liable for any consequential injury or loss of any kind arising from the customer’s use of The Avo Tree or the delivery or failure to deliver fruit.
The customer agrees to indemnify The Avo Tree against all liabilities, losses, claims and expenses arising directly or indirectly out of the customer’s use of the The Avo Tree site or delivery or failure to deliver any product.
These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where the visitors have come to the site from and the pages they visited.
If the customer is not completely satisfied with the quality of The Avo Tree fruit after delivery, The Avo Tree will provide a replacement or a refund.
The Avo Tree does not refund you if you change your mind.
Please see above for information on replacement of damaged goods.
You can opt out of digital marketing at any time by unsubscribing from the footer of any of our emails or by emailing us directly at email@example.com.
Any competitions run on The Avo Tree Facebook or Instagram page are in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. By participating you hereby release and hold harmless Facebook or Instagram from any and all liability associated with this promotion.
Equally, any competitions run on a signup page are in no way sponsored, endorsed or administered by, or associated with Klaviyo. By participating you hereby release and hold harmless Klaviyo from any and all liability associated with this promotion.
Entrants are providing information to The Avo Tree and not to Facebook, Instagram or Klaviyo.
Please read these competition rules carefully. If you enter one of our competitions, we will assume that you have read these rules and that you agree to them.
1. To enter a competition you must be:
(a) NZ resident; and
(b) have a specified New Zealand address for delivery
2. No responsibility can be accepted for entries that are not received for any reason.
3. The winner will be selected at random by a non-biased party. For competitions that are a game of skill: entrants are required to submit a creative entry. Winners will be selected by a panel of representatives of the Promoter who, at their discretion, will select the best answer/s based upon originality, creativity, and adherence to any specified word limit. Chance plays no part in determining the winners. The Promoter’s decision in relation to any aspect of the competition is final and binding on every entrant. No correspondence will be entered into.
4. The closing date is as specified in each competition, and The Avo Tree reserves the right to amend the competition end date at any time.
5. If you win a competition, we will notify you via email or Facebook Messenger. If we cannot contact you or you do not respond within one week, we reserve the right to offer the prize to another competition entrant.
6. The prize cannot be transferable to another person.
7. No prize or part of a prize is exchangeable for cash, refunds or services.
8. If an advertised prize is not available, we reserve the right to offer an alternative prize.
10. The Avo Tree reserves the right to amend these rules at any time. We may also create rules which will apply to a specific competition only. If we do this we will publish the amended competition rules and/or specific competition rules on the relevant competition page.
12. BUSINESS ADDRESS
The Avo Tree is located in Te Puna, New Zealand.
0800 286 873
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 generally to fulfill 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;
Screen our orders for potential risk or fraud; 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).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page here.
You can opt out of targeted advertising by following these links:
You can opt out of our email marketing by clicking the ‘unsubscribe’ link in the footer of any of our emails.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
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.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org