The operating company is G Y Merchants Limited which is trading as Organics Out West. G Y Merchants Limited operates within New Zealand. In the following statements the name “Organics Out West” will be used in place of G Y Merchants Limited – but it refers to the same entity.
Conditions of Use
Organics Out West (G Y Merchants Limited) and its affiliates provide their services to you subject to the following conditions. If you shop at Organics Out West, you accept these conditions. Please read them carefully. In addition, when you use any current or future Organics Out West websites, you also will be subject to the guidelines and conditions applicable to such service or business.
The Customer: The Customer is the party specified as the buyer at checkout.
When customers visit the Organics Out West website or send e-mails to us, customers are communicating with us electronically. You (Customer) consent to receive communications from us electronically. We will communicate with you (Customer) by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Risk of Loss
All items purchased from Organics Out West are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer of warranties and limitation of liability
This site is provided by Organics Out West on an “as is” and “as available” basis. Organics Out West makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Organics Out West disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Organics Out West does not warrant that this site, its servers, or e-mail sent from Native Neem ltd are free of viruses or other harmful components. Organics Out West will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Consumer Guarantees Act 1993/Claims
Where the Customer is not a consumer as defined in Section 2 of the Consumer Guarantees Act 1993, the Act shall not apply to the supply of product or services.
The liability of the Company whether in contract or in tort for any loss, damage or injury arising directly or indirectly from any defect or non-compliance of the goods supplied is limited to replacement or repair of such goods or damages not exceeding the invoice value of such defective or non complying goods at the option of the Company. The Company shall not be liable for any consequential indirect or special damage or loss of any kind whatsoever. The description of goods in the order is given as an aid in the identification of the goods and it is not a condition of supply that the goods shall correspond precisely with the description given or that colours shall match samples exactly.
Ownership in the goods shall remain vested in the Company until the Customer has made payment in full for all sums owing by the Customer to the Company or if payment rescinded. Until ownership passes to the Customer, the Company may repossess any or all of the goods supplied by entering the Customer’s premises where such goods are reasonably thought to be stored.
By visiting Organics Out West, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Organics Out West or its affiliates.
Any dispute relating in any way to your visit to Organics Out West or to products you purchase through Organics Out West shall be submitted to confidential arbitration in Auckland, New Zealand, except that, to the extent you have in any manner violated or threatened to violate Organics Out West’s intellectual property rights, Organics Out West may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
All personal details if any provided to Organics Out West will remain totally confidential and no details will be disseminated to, nor shared with, any other parties.
All orders are supplied subject to product availability. Due to the nature of Organic Produce supply can vary based on demand, supply and shifts in season.
All prices are quoted in New Zealand dollars (NZD), inclusive of GST. The total cost of the order includes product costs, GST, and a delivery charge calculated based on third party delivery rates. Payment can be made by credit card (Visa, MasterCard and American Express). Goods will not be released until receipt of payment.
Payment by Credit Card
Organics Out West uses SSL, does not store credit card details, and all payments are handled by Windcave Limited, which is a secure, PCI compliant, third party. If you are a web customer your personal details will be kept as a token by Windcave Limited.
We only deliver within the boundaries of Auckland due to the perishable nature of the goods. All deliveries will be delivered within 1-2 days of ordering, unless there are issues beyond our control. We will not be liable for failure to deliver when delay has been due to causes beyond the control of Organics Out West, but we will do our best to advise you if we know of any problem.
Please indicate any delivery instructions, eg where to leave the goods if you are not home (under a tree, at the back door). If a customer is not home to take delivery of the goods, the goods shall be left at the delivery address.
Due to the nature of some foods they may get damaged in transit. While we make our best effort to secure them safely in the boxes, we do not guarantee that they will be in perfect condition and will not be held liable for any basic damage to the products.
Please see our returns policy for more information.
For more information phone us on (09) 813 6678, Monday to Friday, 9:00am – 5pm for internet orders. Alternatively, visit our physical store at 39 Glenmall Place, Glen Eden, Auckland.
Acceptance of Terms & Conditions
Placing an order with G Y Merchants Limited T/A Organics Out West. means that you have read and accepted our Terms & Conditions.
Organics Out West will not sell goods intended for resale, we reserve the right to refuse or cancel a delivery at any time.
Credit Card payments; DPS payments will reserve the payment made by customers so any variations & availability of products ordered and not supplied can be charged at the correct invoiced amount.