Cancellation

Once an order has been placed it is unable to be cancelled.

By purchasing products from Blue Earth (“Blue Earth”, “we”, “us”, “our”) or using this website, the purchaser (the “Customer”, “you”, “your”), agrees to the following terms and conditions of sale (the “Terms”).

If a purchaser wishes to cancel an order they must contact info@blueearth.co.nz immediately. If the order has already been processed a cancellation may not be possible.

Consumer Protection and other legislation

Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.

Limitation of Liability

The Customer shall indemnify Blue Earth against any loss of or damage to property or for manuals which are lost or altered due to the act or omission of the customer. Blue Earth shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Blue Earth, even if Blue Earth has been advised of their possibility. In no case shall Blue Earth’s maximum liability exceed the cost of the relevant original order.

Refunds

Blue Earth will comply with its obligations under the Consumer Guarantees Act or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.

Addressing

If a product is found to be mis-addressed by Blue Earth then Blue Earth shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then Blue Earth will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.

Incorrect Bank Account Number

Blue Earth gives the customer the choice to pay for products through bank transfer. If the Customer credits money to the incorrect bank account number, and the correct number was provided to the Customer by Blue Earth, then Blue Earth will not accept any responsibility for correcting payment and goods will not be dispatched by Blue Earth until Blue Earth has received payment in full.

Prices, Payment and Title

Blue Earth’s available payment methods will be presented at the time of purchase. Blue Earth retains title in the products purchased until Blue Earth receives payment in full.

Pricing errors

Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.

Security

Blue Earth uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Blue Earth will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).

Mailing Cash

Blue Earth does not recommend that cash be mailed for payment of products. If the Customer does mail cash, Blue Earth accepts no responsibility for the theft, loss or otherwise for non-delivery of the mailed cash.

Cancelling Orders

Blue Earth reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where Blue Earth believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).

GST

For New Zealand delivery addresses, all prices are New Zealand GST inclusive unless otherwise stated. If your order ships to a delivery address outside New Zealand, no New Zealand GST will be charged.

Customs and Duties

For any orders shipped outside of New Zealand the customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Blue Earth’s control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.

Site Access

Blue Earth hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of Blue Earth, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.

Copyright and Trademarks

You agree that the content you access, view or download on this site and the software used to create it, remains the property of Blue Earth or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.

Stock Availability

Blue Earth endeavours to have stock available for shipping at all times. There may be occasions when there is a delay of up to two weeks while new product is being printed.

Delivery Estimates

Blue Earth makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold Blue Earth liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.

Communications

By creating an account with Blue Earth you consent to receiving electronic communications from Blue Earth. These communications will include: account status updates, order status updates, promotional and marketing materials, and other information relating to the service. Your personal details will not be made available to any third party.

Notice of Copyright Infringement

Blue Earth respects the copyrights of others. If you feel that data is used in Blue Earth’s product catalogue in a manner that constitutes an infringement of your copyright under applicable copyright legislation, please write to us at: Blue Earth, Winterslow Road, RD1, Ashburton 7771, New Zealand
Please include the following details:

  • Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL);
  • A statement that the complaining party believes that infringement of the complaining party’s copyright has occurred and the reasons for such belief;
  • A statement that you are the copyright holder or authorised to act on their behalf; and
  • Contact details including an email address where the complaining party may be contacted.

Linked Sites

This site may contain links to other websites operated by third parties. Blue Earth is not liable for those sites or any content or information such sites contain.

Disclaimer
Blue Earth would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.

The information on this website is provided “as is” and for general information only. Blue Earth has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and Blue Earth does not guarantee that the website will always operate or be error free.

Accordingly, to the maximum extent permitted by law, Blue Earth does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.

Blue Earth