Teams and Conditions
Terms and Conditions
Acceptance of these terms and conditions is a condition of ordering and is your acknowledgement that you have read, understood and agreed to be bound by them.
Well Galaxy Holdings Limited – The Fresh Grower.
The "Service" is the Fresh Grower site, the software associated with the site and the facility to enter into transactions with certain parties whose content appears on the site. When you access The Fresh Grower site (a "Visit"), you are using software which is owned by or licensed to Well Galaxy Holdings Ltd. For each Visit, The Fresh Grower, grants you a personal non-exclusive license to use the software associated with the site for the duration of your visit to the site. Any other use, commercial or otherwise, of the software or information on the site without the express written permission of The Fresh Grower is strictly prohibited, including any reproduction, data mining, automated querying or similar data extraction processing.
What We May Do
Because we are reliant on the availability of vegetable in a particular geographic location and pricing from our supplier in New Zealand. We reserve the right to amend your order in consultation with you in the event of an error by these third parties. In such circumstances additional charges may have to be paid by you and/or your order may need to be changed to meet your delivery requirements, after consultation with you.
You should carefully read all the terms and conditions specific to the product you are ordering before finalizing your transaction. You grant us an ongoing consent to use your information to promote and market our products and services and make other offers to you (including by making telemarketing calls to you, and sending you electronic messages including via email and SMS).
You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish us to contact you or you would like us to stop promoting and marketing products, services and other offers to you, please unsubscribe.
You consent to us supplying your billing, payment and identification information to third parties with whom you enter into transactions using the Service. We may also provide such personal information to third parties as is required to complete your order.
You authorise our agents to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide. You also authorise your credit card issuer or financial institution to verify that the credit card and identification details you have provided to us are accurate. You authorise our agents to take steps to confirm that there is sufficient credit on your credit card account to meet likely charges. For any payment by credit card, orders will not be processed until authorisation has been obtained from the relevant card company. We may amend this agreement at any time by posting the revised version of the agreement to The Fresh Grower web site. The amended agreement will take effect from the time of posting on the Site. You authorise our agents to charge all fees incurred to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand.
Once payment has been received, you agree not to seek to reverse or cancel such payment through your card issuer or its agents without The Fresh Grower prior written consent. The Fresh Grower reserves the right to amend charges based on additional items ordered, remote delivery, redelivery etc. Before we proceed to deliver your order, various checks are taking place to validate the integrity of credit card information and in certain circumstances the credit card holder will be required to submit verification documentation to substantiate identity.;
Failure to do so promptly could lead to delay of order delivery, of which The Fresh Grower will not compensate or be responsible for. The intent of this process is to reduce any potential risk for fraud. In circumstances where we cannot contact the card holder and the order period lapses thereby making the order invalid, we will have no choice but to cancel the order. Under these circumstances we accept no responsibility. We reserve the right at our absolute discretion to decline or accept orders made for any reason.
Finally, please note, any confirmed order is subject to your credit card approval for the transaction. In an eventuality where your credit card is not approved we will attempt to contact you but hold no responsibility for any subsequent non delivery of order in the event we are unable to establish contact with you; The Fresh Grower will also not be held responsible for delay of order delivery resulting from the credit card verification process. Should you choose to cancel the order at the point or after the verification of your credit card, standard cancellation and processing fees will apply.
What You Must Do
By using our Site, you warrant to us that you are at least eighteen years old. You must not use the Service for any activities which breach any laws, infringe any party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use the Service in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the Site by you or any other person using your membership identification or password. You acknowledge that copyright subsists in all software, including HTML code, provided in association with your order. You must not grant a third party the right to access and use the Service. You must not disassemble, decompile, or reverse engineer the whole or any part of the software except to the extent allowed by relevant government authorizes and legislation. You acknowledge that we may receive a commission or an affiliate fee from transactions entered into using the Site. You agree that as a member you will be automatically added to our email newsletter for product and promotional updates. If you do not wish to continue to receive these newsletters, you will be given the option to unsubscribe in the newsletter.
About Our Liability
All warranties and other terms which are not expressly included in these terms and conditions are excluded to the maximum extent permitted by law. Where we are liable to you under these terms and conditions, to the maximum extent permitted by law our liability will be limited, at our option, to resupply of the order or the cost of resupplying the order. To the maximum extent permitted by law, Well Galaxy Holdings Limited, excludes all liability in relation to the order. We are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of vegetable products provided, except to the extent that liability in relation to those matters may be imposed on us by legislation that cannot be excluded. Well Galaxy Holdings Limited’s role in relation to your order is limited to facilitating your order and arranging for its delivery, payments and refunds as applicable. The Fresh Grower accepts responsibility for the performance of this role and for the negligence of its employees. However, to the maximum extent permitted by law, The Fresh Grower disclaims all liability for any technical errors, inaccuracies in information supplied by third parties, or failure by The Fresh Grower to complete orders where that failure is due to circumstances beyond its control.
REFUNDS & CANCELLATIONS
The Fresh Grower is unable to cancel or change orders already in process with our courier, en route or delivered. Same-day orders are processed immediately, and cannot be changed. Orders made for a future date can be cancelled up to 24 hours prior to delivery via the website. Gift basket orders cannot be cancelled within 48 hours of delivery. Cancellation of order past the stated time above, if delivery has not been attempted, will induce penalty cost of 50% of the order total for processing and cancellation; Canceling of an order where delivery has been attempted unsuccessfully will incur a penalty cost of 50% of the order total for processing and cancellation plus delivery fee. Orders that have been delivered cannot be canceled.
The Fresh Grower accepts no responsibility or liability for any failure or delay on the part of any third party in providing order fulfilment services to you where your order has been properly processed by it;. Where The Fresh Grower is liable to you under these terms and conditions its liability will be limited to providing the relevant order again or to refunding money paid in relation to services not provided; the options offered here to be at the sole discretion of The Fresh Grower.
Where a refund is applicable, the turnaround time from the date of your request for refund to the date you are provided with your refund may take up to 12 weeks. The Fresh Grower will process such proven requests within 14 days. Refunds are paid back to the same card used for the order. The turnaround time for your financial institution can then add up to a further 10 weeks. This is beyond the control of The Fresh Grower.
Quality complaint, no delivery complaint or refund request must be received by The Fresh Grower within 3 days from the final product delivery date using the feedback form here. An investigation will be carried out with each valid complaint and a response communicated as soon as possible. If Proof of Delivery or additional supporting document is required this may take up to 14 days.
What We May Do
We reserve the right to amend your order in consultation with you in the event of a seasonal vegetable stockouts or, in circumstances beyond The Fresh Grower control. You should carefully read all the terms and conditions specific to any product you are ordering before finalising your transaction.