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2. SPECIFIC WARNINGS

2.1 The services: Farm Shop provides a venue to introduce sellers and buyers who want to buy and sell items.

a. about ownership of any item;
b. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site;
c. as to the accuracy or truth of listings;
d. that any item will meet your requirements or expectations; or
e. about the ability of customers to complete a transaction.

a. Your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Farm Shop disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
b. Farm Shop does not warrant that) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the web site is error-free or reliable;
c. no advice or information that is obtained by you from Farm Shop or anyone else shall create any warranty by Farm Shop that is not expressly stated in the terms and conditions; and
d. responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Farm Shop's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Farm Shop to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Customer's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Farm Shop's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.  


2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of an item prohibited under clause 4.2(c), or arising out of any content or item you submit, post, transmit, or make available through the services.

2.6 Breach: Without limiting any other rights and remedies available to Farm Shop, Farm Shop may limit your activities on the web site, remove your listings, warn other customers of your actions, issue a warning to you, suspend or terminate your contract, or refuse to provide our services to you if you breach these terms and conditions or where Farm Shop considers it appropriate.

3. General

 

a. All listings or communications made through Farm Shop shall be made in good faith.
b. You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.
c. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments unless authorized to do so by Farm Shop.d. You must list sale goods and classifieds in New Zealand dollars and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
e. You must not complete a transaction outside of the Farm Shop process or otherwise seek to avoid Farm Shop's success fees. Attempts by you to avoid fees, may result in Farm Shop suspending or terminating your contract at the discretion of Farm Shop.
f. You must not use the services or the web site to promote items for sale outside the services.

4.1.1 The Purchaser shall notify Farm Shop by email or writing of any goods to be returned, within 3 (three) days of receipt the goods.

4.1.2 All returned goods shall be returned to the Supplier (Sender) of the goods. Farm Shop NZ Limited policy does not permit the return of goods to its premises.

4.1.3 All costs of return are the Purchasers responsibility. Farm Shop nor its agents or suppliers shall be liable and the Purchaser indemnifies the same against any claims for costs.

4.1.4 Where for any reason the goods are returned by the Purchaser  in accordance with Clause 4.1, of the Terms and Conditions, the following actions shall occur where:

1. The Purchaser requests a refund in full then they shall be provided with such, less a 10% Refund Processing fee (Clause 5.1, of Terms and Conditions) and any freight costs as applicable. Neither Farm Shop NZ Limited nor its agents or suppliers  shall be liable for any damage incurred in transit for the returned goods.
2. Goods are returned due to a manufacturing fault or which are not fit for the purpose of intended use, in accordance with the Consumer Guarantee’s Act, 1993, then Farm Shop NZ Limited, its agents or suppliers shall attempt to remedy the fault through the supply of another item of equivalent value or have the goods repaired at their expense. Freight shall be the responsibility of the Purchaser.
3. Where no remedy is available and a refund is required for the Purchaser, Farm Shop NZ Limited shall pay the refund to the Purchaser for the full amount of the purchase price (less any processing charges) where this is the only recourse left available. Farm Shop NZ Limited,  its agents or suppliers shall not be liable for any further costs and the Purchaser shall indemnify Farm Shop NZ Limited against any claims for losses on the returned goods.
4. All returned goods must be received  by  Farm Shop NZ Limited,  its agents or suppliers within seven days of  receipt of the goods by the Purchaser . Any goods received beyond this time frame shall not be accepted or any liability entered into by Farm Shop NZ Limited. its agents or suppliers  The Purchaser shall bear all freight costs for returned items.
5. All returned goods must be fit for resale where the Purchaser no longer wants them in order to obtain a refund. Where damage has occurred, not as a result of transit or Purchaser fault (that can be proven), then a partial refund may be available to the Purchaser, negotiable between the Purchaser and Farm Shop NZ Limited and as may be agreed up on.

4.6 Your obligations as a seller

• a. Sellers must be located in New Zealand or Australia. Sellers outside of these countries are not permitted to sell on Farm Shop. Australian sellers must accept payment to a domestic New Zealand bank account as one of their available payment options.
  
• b. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and the cost of shipment. You must list an item in one category only, which must be the most appropriate category for your item.
  
• c. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services are illegal under NZ law on the site. In the case of automobiles, they must be located in New Zealand and have current and valid registration papers and be correctly warranted.

• d. You must not sell illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe items, items which infringe copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any item listed by you does not breach this clause 4.6(d). You agree that Farm Shop may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.6(d) at any time.
  
• e. When you list an item for sale on Farm Shop, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum.

• f. Farm Shop classifieds may be used by individuals or businesses to sell specific items only and must not be used for multiple or generic item listings.
  
• g. Your listing may  not contain a URL for a Website that contains further information on the item you have listed.  Any link requested must be paid for and listed through our Website link service. 
  
• h. You must not use the services or the web site to sell items that are of a speculative nature including, but not limited to pyramid, surf-for-free, or similar schemes.
  

• i. For classifieds, you may choose to sell to any buyer at your discretion.
  
• j. Listings are pre-screened for content. Farm Shop reserves the right to not list or  remove any listing that it deems unsuitable or in breach of the terms and conditions.
  
• k. You must promptly forward the listed item to the successful buyer on completion of the transaction.
  
• l. You must not charge unreasonable amounts for shipping and packaging costs.
  
• m. The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offense to sell any of these items if they have not been examined and classified by the appropriate agencies. The offense carries a maximum penalty of $3,000 per publication. If any publication was sold, and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 year's imprisonment per publication. Therefore, when listing these items for sale, you must include within your listing, the New Zealand classification rating and all information on the classification label.
  
• n. Farm Shop does not sell firearms, ammunition, dangerous or hazardous goods or agricultural chemicals.

a. Your order acceptance is not retractable once it has been made and shall be enforceable. You must only place an order if you intend to buy the relevant item at the advertised price entered. Reasonable allowances should be made for postage where applicable.
b. If you are notified that your purchase has been successful, you must complete the transaction in the manner specified. By making a purchase, you warrant and represent that you have the legal right to enter into and complete the transaction.
c. You must make full and prompt payment for an item bought by you.
d. If your purchase is successful and you do not pay for the item, you will receive a warning from Farm Shop. Farm Shop may then prevent you from using our Website.

a. Feedback you provide on other customers or Farm Shop must not contain offensive, defamatory or inappropriate language. Farm Shop reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
b. You may only give customer feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
c. You must not post feedback about yourself or include any contact details or personal information in your feedback.

a. Farm Shop charges fees for the use of the web site as a venue.
b. Farm Shop's current fees are listed on our Pricing  page.
c. Any non-commission listing fees are charged at the time of listing and are not refundable. Farm Shop may (at our sole discretion) refund a commission fee charged on completed transactions if the sale is not successfully completed, provided that a customer follows our defined refund process. Farm Shop will only issue refunds in the form of a direct credit payment to the Customers bank account where a bank account number is supplied, or Credit to a Customers credit card. Cash refunds will not be issued. A refund processing fee of 10% of the value of the refund applies payable to Farm Shop NZ Ltd.

d .Farm Shop reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
e. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Farm Shop account balances.
f. Before listing an item, you should review Farm Shop's fees to ensure you are aware of the fees that you will incur.
g. You must pay the fees immediately upon demand by Farm Shop.

 

a. Farm Shop does not maintain credit accounts for its customers. All amounts owing must be paid in full, otherwise we reserve the right not to process any purchase order or service requested until all moneys owing are paid.

b. You must settle any negative account balance immediately. Farm Shop reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that Farm Shop incurs when collecting that debt.

6.1 System Integrity: Farm Shop will use its reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, Farm Shop takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, Farm Shop assumes no responsibility for the corruption of any data or information held by Farm Shop.

a. You may not without our prior written permission, in any form or by any means:
i. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
ii. Commercialize, copy, or on-sell any information, or items obtained from any part of this web site.

• your customer order and credit payment details; and
  
• information relating to your use of the web site and the content you access.