Terms & Conditions

Last updated: November 2013

Thank you for visiting Linden Leaves online.

These are the official terms of use for all official Linden Leaves websites, mobile services, applications and social media pages, including www.lindenleaves.com and derivative versions of the site, mobile and social applications (collectively the ‘Sites’ or ‘Services’).

The content and services available on the Sites are provided to you Linden Leaves Limited, (‘Linden Leaves’, ‘us’, ‘our’, ‘we’) subject to the following terms and conditions.

Please also review our Privacy Policy and other policies you may find throughout our Sites and Services in connection with certain functionality, ordering information and/or promotions. By accessing or using the Services, you are acknowledging that you have read, understand and agree to be bound by these terms and conditions.

Linden Leaves reserves the right to update or modify these terms and conditions at any time. When changes are made, we will make the revised version available on this web page and update the date above.

Copyright

All information and content available on the Sites, including but not limited to Linden Leaves name and logo, product images and descriptions, site design, text, graphics, images, trademarks, the selection and arrangement thereof are the property of Linden Leaves Limited and are protected by copyright law. No part or portion of this site may be copied, sold or used in any manner without the written consent of Linden Leaves Limited.

Using the Sites and Services

Your right to use the Sites and Services is personal to you. You may not authorise others to use the Services and you are responsible for all of your own use of the Services. Content, information and advice given on the Sites and Services are free of charge (unless otherwise stipulated). You are responsible for your own network and connection charges.

You may use our Sites and Services only in compliance with these Terms and Conditions and all applicable laws, and if you represent and warrant that you have the power, right and authority to enter into this Agreement, and are capable of forming a binding contract.

You agree to provide accurate, truthful and complete information when creating your account and to update your information as and when it changes.

To purchase from the Sites, you must be 18 years or older. The products and services available on the Sites, including any samples Linden Leaves may provide to you, are for personal use only.

All of the products purchased from the Sites should be used in accordance with the product’s instructions, precautions and guidelines. Please contact us if you have a question regarding shopping on our online store.

Feedback you provide

We value your comments and are always interested to learn how you feel we can improve. You understand and agree that we may use your submitted comments, ideas or feedback without any restriction or compensation to you and that any feedback you choose to submit is not confidential information.

Email opt-in

When registering on the Site you will be opted in to receive emails from Linden Leaves. You may unsubscribe at any time by clicking the ‘unsubscribe’ link at the bottom of any email message sent.

Pricing and payment

Linden Leaves is the trading brand name of the New Zealand registered company Linden Leaves Ltd. and is the name that will appear on all statements and invoices.

Prior to completing your order you will be shown or told (on the Site) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in New Zealand Dollars. This is the total that you will pay for receipt of the ordered Product.

Where applicable, local taxes are shown and included in the price. All prices are correct at time of publication; however, we reserve the right to alter prices for any reason at any time.

Products displayed on the Sites may be purchased using a secure online transaction facility. Credit card transactions are processed in New Zealand. Some banks may charge an overseas transaction fee and/or foreign currency exchange fee for purchases made outside of New Zealand.

Alternatively, you may pay by PayPal or any method that we have said is acceptable to us on the Site, but in any event we shall not be bound to supply before we have received cleared funds in full.

Delivery, returns and refunds

Both New Zealand and international orders are delivered via our courier partners. Delivery timeframes vary depending on your location. You will be advised of your order receipt and dispatch by email. If you need to contact us about your delivery please email or phone +64 (0)3 339 8314 during New Zealand office hours.

Delivery may be offered freight free with a minimum purchase amount at the discretion of Linden Leaves.

Please choose your products carefully as due to health reasons, refunds for returned products cannot be issued.

We take every care to ensure your order arrives to you in perfect condition but cannot be held liable for damage occurring in transit, misdirected or lost deliveries. Items may be replaced or refunded at the sole discretion of Linden Leaves.

Orders placed on the Sites are subject to availability. We shall not be obliged to supply the Product to you until we have accepted your Order. Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. We may at our discretion refuse to accept an Order from you for any reason. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.

No reseller activity

You may not sell or resell any of the products, services or samples you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or products or services to be provided to you if we believe, in our sole discretion, may result in the violation of our terms and conditions.

Competitions, promotions, prizes and giveaways

All promotions and offers are exclusive to the Sites unless otherwise stated. A minimum spend or designated number of products purchased may be required to qualify for a promotion or offer. Any such requirement will be outlined in the promotion or offer details.

Linden Leaves reserves the right to run promotions and offers for set periods of time and in specific geographies and not others if it so chooses.

Participants are limited to one (1) entry into the draw. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

Winners will have 7 days to claim their prize, at which time the prize may be redrawn.

Entry is not open to our employees or their relatives, agents, sponsors, suppliers, or any persons connected with the promotion of a competition. Unless otherwise stated entry is only open to New Zealand residents. In the event of any dispute about the identity of the winner or an entrant, we reserve the right to request the proof of the winner’s age, identity, and residency.

Incomplete or indecipherable entries will be deemed invalid and we reserve the right to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.

If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorised intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.

If for whatever reason the original prize is unavailable, we, in our sole discretion, reserve the right to substitute the prize with an offer of equal value.

Entrants consent to us using the entrant’s name, likeness, image and/or voice in the event they are a winner in any media for an unlimited period without any remuneration for the purpose of promoting this competition, competition outcome or Linden Leaves generally.

Except for any liability that cannot be excluded by law, we exclude all liability for any personal injury, or any direct, indirect, special or consequential loss or damage arising in any way out of a promotion or use of the prize(s). As a condition of receipt of the prize, the winner must sign any legal documentation as and in the form required by us and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

Prizes, discounts, and vouchers offered in connection with promotions, competitions and giveaways run by us cannot be used in conjunction with any other offer, cannot be sold, transferred, exchanged nor be taken for cash. No responsibility is accepted for any variation in the value of the prize.

Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms. Entry into a promotion is deemed acceptance of and agreement with these Terms. Our decision is final and no correspondence will be entered into.

We collect personal information in order to conduct promotions and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to regulatory authorities. Entry is conditional on providing this information. We may, for an indefinite period (unless otherwise advised), use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.

You grant Linden Leaves and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-pin, share, modify, create derivative works, perform, and distribute your User Content on Linden Leaves Sites and any associated social media networks and sharing tools for the purposes of promoting Linden Leaves in whatever way Linden Leaves shall deem appropriate. Nothing in these Terms shall restrict other legal rights Linden Leaves may have to User Content, for example under other licenses.

We reserve the right, but are not obligated, to remove any User Content for any reason or for no reason. We may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if a User violates any provision of our Terms.

Content on the Sites

Anything you post or otherwise make available on our Sites is referred to as “User Content.” You retain all rights in, and are solely responsible for the User Content you post, and you represent and warrant that

  • you own or have sufficient rights in and to the Content you submit through Linden Leaves to grant the licenses set forth in this Agreement so that any use by Linden Leaves of such Content as contemplated in this Agreement will not infringe on the rights on any third party or violate any applicable laws or regulations,
  • and that such Content shall not contain any material that is fraudulent, illegal, threatening, defamatory, obscene, profane or hateful; or violate any laws or regulations or any rights of any third parties, or that infringes on any copyright, patent, trademark, trade secret, music, image or other proprietary or property right.

By posting content you grant Linden Leaves and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-pin, share, modify, create derivative works, perform, and distribute your User Content on the Sites and any associated social media networks and sharing tools for the purpose of promoting Linden Leaves. Nothing in these Terms shall restrict other legal rights Linden Leaves may have to User Content, for example under other licenses.

We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

Acceptable usage

Linden Leaves is an ethical, family friendly business. We do not accept Content on our Sites or Services that is deemed unsuitable by us, including but not limited to explicit, derogatory, violent, deceptive or misleading content.

You agree not to engage in any of the following prohibited activities:

  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation or encourage or enable any other individual to do any of the prohibited activities;
  • Use, display, mirror or frame the Sites, any individual element within the Sites, the Linden Leaves name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
  • Access, tamper with, or use non-public areas of the Sites, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any Linden Leaves system or network or breach any security or authentication measures;
  • Avoid, bypass, deactivate, or otherwise circumvent any technological measure implemented by Linden Leaves or any of our providers or any other third party (including another user) to protect the Sites or Linden Leaves Content;
  • Attempt to scrape or download User Content or Linden Leaves Content from the Services, access or search, or otherwise use, upload content to, or create new links, reposts, or referrals in the Sites through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Linden Leaves or other generally available third party web browsers;
  • Send any unsolicited spam or spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation; Use Linden Leaves Sites for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted by Linden Leaves or in any manner not permitted by the Terms;
  • Use Linden Leaves user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Sites to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sites;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Sites; Collect or store any personally identifiable information from the Sites from other users of the Sites without their express permission.

Security

Your security is important to both you and to us.

We are committed to protecting the security of your data. Transactions made on the Sites are protected by the latest security mechanisms and are only used for the purpose of transaction fulfilment. We do not store cardholder information. We use the secure DPS Hosted Payment Solution to process online orders.

The Hosted Payment page enables us to offer you a safe and quick online shopping experience. You’ll be able to see your card being authorised and debited in real time, all in an SSL secure environment.

DPS uses a variety of security technologies and procedures to help protect your personal information from unauthorised access, use or disclosure. When it transmits sensitive information (such as your credit card number) over the internet, the information is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Credit card details stored on the site are encrypted using 168bit 3DES encryption. DPS is also certified AIS compliant.

Passwords

You will be solely responsible for maintaining the confidentiality of any password used to access Linden Leaves Services, and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify us of any unauthorised use of your account or password, or if you feel your account has been compromised in any way.

Registration

Some of the materials available on the Services may require prior registration to access. If you decide to register to access such materials and complete a registration with us, you will be required to provide certain personal information. Any personally identifiable information supplied will be subject to the terms of our Privacy Policy. You agree that such information shall be true, accurate and complete information.

Linden Leaves does not assume any liability for the failure to store or maintain any user communications, account or profile information, or personal settings and reserves the right to refuse access registration based services at its sole discretion

Cookies

We use cookies to provide a better overall experience for our users. Stored on your computer, these cookies include information about your interactions with the Linden Leaves site. They are used by our content management system to remember your details. This enables us to make your future site visits more enjoyable, with the most accurate information possible. Please also see our Privacy Policy.

Automatic updates

Some of our Services may use software that you have downloaded to your computer, phone, tablet, or other device. You agree that we may automatically updates those Services, and these Terms will apply to such updates.

Third party links

Linden Leaves may provide links to other websites or applications (collectively, ‘third party websites’) as a service to those interested in this information. Linden Leaves does not monitor, approve or have any control over any content located on third party websites. The inclusion of any links to third party websites does not imply any association or relationship between Linden Leaves and the third party website. Linden Leaves does not guarantee, endorse or adopt the accuracy or completeness of content on any third party website. Linden Leaves is not responsible for updating or reviewing content on third party websites. You use third party websites at your own risk.

Disclaimer

Our Sites provide general information about Linden Leaves and the products and services we offer. The information contained in the site has been prepared solely for the purpose of providing information about Linden Leaves. All included content are provided on an “as is” basis without warranty.

We reserve the right to alter, suspend, add to, or discontinue the Sites and Services in whole or in part at any time for any reason, without notice or cost. The Sites may become unavailable due to maintenance or malfunction of computer equipment, servers, or other reasons. We assume no responsibility for your ability to obtain access to the Sites.

Linden Leaves 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 site. This includes viruses alleged to have been obtained from this site, your use 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 the action.

We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Limitation of Liability

To the maximum extent permitted by law, Linden Leaves shall not be liable for any indirect, incidental, consequential, special or punitive damages, or any direct or indirect loss of profits or revenues, or any loss of goodwill, data, use or other intangible losses resulting from either your access or inability to access of use the products, nor any conduct or content of any third party, nor unauthorised access, use or alteration of your transmissions or content. In no event shall Linden Leaves’ aggregate liability exceed one hundred New Zealand dollars.

Governing law and jurisdiction

Linden Leaves Ltd. is a privately held New Zealand company operating under New Zealand law.

For any dispute you have, you agree to first contact us and attempt to resolve the dispute with us informally.

If an informal resolution is not able to be reached, disputes shall be governed and construed in accordance with the laws of New Zealand. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

General

Linden Leaves controls and operates the Sites from its headquarters in New Zealand. You are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials.

These Terms will be governed by the laws of New Zealand, without regard to the choice or conflicts of law provisions of any jurisdiction. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Linden Leaves to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Linden Leaves in writing.

The Terms comprise the entire agreement between you and Linden Leaves and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These terms and conditions do not in any way affect your statutory rights.