Terms of Trade


1            Acceptance

1.1         The following terms and conditions (Terms) apply to your use of the website (Website), and any order you place for products and services from Farmers Mill Ltd., (Farmers Mill) via the Website.  By accessing the Website, or placing an order for products from Farmers Mill, you agree to be bound by the Terms, which form the entirety of your agreement with Farmers Mill.  If you do not accept the Terms, please do not use the Website.

2            Orders

2.1         You must only order products in accordance with the instructions set out on the Website.

2.2         While Farmers Mill will endeavour to fulfil your order, it will not be liable to you or any other person if it declines to fulfil an order, or is unable to supply the products in your order.  No contract for sale and purchase of products will be formed, or variation or cancellation of any contract made, until Farmers Mill confirms acceptance of your order, variation, or cancellation.

2.3         Some products may be unavailable from time to time and Farmers Mill reserves the right to alter, upgrade or discontinue any product or information contained on the Website at any time and without notice.

3            Price And Payment

3.1         The prices stated on the website are in New Zealand dollar currency, and will be confirmed at the time your order is processed, or as otherwise advised by Farmers Mill.  All prices shown on the website exclude applicable goods and services tax (GST) unless otherwise stated.

3.2         Deliveries will only be made to New Zealand addresses. We do not ship to offshore destinations. Farmers Mill reserves the right to cancel any orders made that do not comply with our Terms. See clauses 2.1 & 2.2 above.

3.3         If a product’s correct price is higher than the stated price confirmed at the time of processing, Farmers Mill will, at its discretion, contact you for instructions before shipping, or cancel your order and notify you of such cancellation.

3.4         Farmers Mill may alter prices without notice but will endeavour to display the correct price at the time of ordering. Farmers Mill will have final say as to what correct pricing is in this web store – including instances where incorrect display pricing may occur.

3.5         General public (including one-off visitors and persons who have set up a store account) must pay for goods ordered by credit card or direct bank credit via the Website’s online payment systems – on checkout. The setting up of a customer account does not imply that ‘credit terms’ have been provided by Farmers Mill [ref clause 3.6]. Products will be dispatched upon confirmation of credit card payment.

3.6         Credit card and direct credit transactions are verified and authorised by independent third party providers ‘DPS Payment Express’ and payments are processed in real time through your authorised banking institution. Farmers Mill do not store your credit card details on this website.  Farmers Mill is not liable for any transaction fees that may be imposed by your bank, therefore the prices stated or advised when processing goods through the Website checkout should be the same as what appears on your bank statement.

4            Delivery and Risk

4.1         Farmers Mill will deliver the products to the New Zealand delivery address nominated in your order at your cost (courier and/or freight fees are advised at time of sale) within a reasonable time of accepting your order.

4.2         Farmers Mill will re-deliver, replace or refund the product (at its option) if it has incorrectly addressed the delivery.  Farmers Mill takes no such responsibility if you gave an incorrect or insufficient address.

4.3         If Farmers Mill has specified a delivery date, it will try and deliver the products to you by that date.  Late delivery does not entitle you to cancel any order or part of any order and Farmers Mill will not be liable to you for late delivery.

4.4         Delivery is deemed to have taken place when possession of the products is given to a carrier, courier or your agent for purposes of delivery to you.

4.5         The risk of loss and title for the products passes to you on delivery.

4.6         You are responsible for insurance in the products from delivery.

4.7         Point of sale will be deemed to be in New Zealand.

4.8         All claims for shortage or damage during delivery or transit, must be made to the carrier and Farmers Mill within ten days of the receipt of products by you.  Farmers Mill will make every effort to ensure safe and timely delivery of the products, but will not be liable to you for any loss or damage arising in any way from any delay or damage in delivery.

4.9         Advertised courier prices are for delivery to New Zealand addresses only. Addresses must be within normal urban and rural delivery routes and be fully accesible by our appointed carriers or couriers at their absolute & final discretion.

5            Product Descriptions

5.1         Farmers Mill attempts to be as accurate as possible in its product descriptions.  However, Farmers Mill does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current or error-free.

6            Returns and Refunds

6.1         Products manufactured and/or supplied to the specifications on the Website will not be returnable without Farmers Mill’s approval.

6.2         Farmers Mill will accept the return of any faulty or defective products provided you provide proof of purchase and an adequate written explanation for returning the products. All products returned must be in their original condition and packaging.  Please return products to: Farmers Mill, 47 Meadows Road, Washdyke, Timaru 7910, New Zealand.

6.3         Farmers Mill will (at its sole discretion):

(a)     if the product is faulty or defective, replace the products or refund your credit card account or Customer account; or

(b)     if the product is different from the one you ordered, replace the product freight free with the correct product and credit or charge any difference in price to your credit card or customer account.

(c)     Faulty or incorrect goods must be returned as per clause 6.2 above in order to qualify for replacement, credit or refund.

6.4         For the avoidance of any doubt, you may not return products because you have changed your mind about purchasing them.

6.5         Any refund or replacement by Farmers Mill (and the validity of any warranties express or implied) is subject to Farmers Mill being satisfied (in its reasonable opinion) that the defect or fault was not caused by any misuse, unreasonable use, neglect, accidental/intentional damage, inadequate packaging, addition or modification that occurred after the product was delivered to you or into your possession.  Farmers Mill is not responsible for any loss or damages sustained through the process of the product being returned. You are responsible for all costs of returning products to Farmers Mill, however, Farmers Mill will refund those costs if it accepts the return of products under clause 6.3(a) above.

7            Warranty and Limitation of Liability

7.1         Except as provided in the most recent version of the New Zealand Sale of Goods Act, and any applicable consumer laws, Farmers Mill Ltd., makes no representation, condition, warranty or promise, express or implied, in respect of products supplied to you or any product which incorporates wholly or in part products supplied by Farmers Mill .

7.2         To the maximum extent allowable by law, Farmers Mill will not be liable for loss of any kind whatsoever suffered by you as a result of a breach of any of Farmers Mill’s obligations regarding the supply of products or any negligence on the part of Farmers Mill, its employees, agents or contractors, nor will Farmers Mill be liable for any loss, damage or injury caused to your employees, agents, contractors, customers or other persons.  You indemnify Farmers Mill against any loss arising from any claim by such persons.

7.3         Farmers Mill’s maximum liability to you (if any) will be limited to the value of any faulty or defective products or services supplied, and Farmers Mill’s employees, contractors, agents, suppliers or manufacturers will not be liable to you for loss or damage of any kind.

7.4         When you purchase the products from the Website for a particular purpose, it is your sole responsibility to ensure that the products will be suitable for your purpose, and Farmers Mill will have no liability whatsoever in the event that the products are not suitable for your purpose.

7.5         You agree that where products are supplied to you for business purposes in terms of sections 2 and 43 of the New Zealand Consumer Guarantees Act 1993, the provisions of the New Zealand Consumer Guarantees Act 1993 do not apply to the supply or products to you.

7.6         The warranties under this clause 7 do not apply in territories where the products are not available for purchase or where the products are not sold through authorised and approved supplier channels.

8            Privacy Policy

8.1         By using the Website, you authorise Farmers Mill to collect and use the following kinds of personal information from you:

(a)     information about your use of the Website;

(b)     information that you provide for the purpose of registering with the Website;

(c)     information about transactions carried out over the Website;

(d)     information that you provide for the purpose of subscribing to the Website’s services; and

(e)     any other information that you send to Farmers Mill, its distributors and/or agents.

8.2         You acknowledge and accept that Farmers Mill may use your personal information solely for the purpose of:

(a)     the administration of the Website;

(b)     personalising the Website for you;

(c)     enabling your access to, and use of, the Website;

(d)     advising to you, product updates, web site updates, marketing and advertising for Farmers Mill products and services;

(e)     supplying the products to you or your designated recipient and obtaining payment; and

(f)      assessment of credit-worthiness and enforcement of Farmers Mill rights.

8.3         Where Farmers Mill discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be required to use that personal information in accordance with the terms of this privacy policy and any applicable privacy legislation.

8.4         In addition to the disclosures reasonably necessary for the purposes identified above, Farmers Mill may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

8.5         Other than as stated above, Farmers Mill will not disclose any personal information relating to you to any third party without your consent.

8.6         You acknowledge and accept that:

(a)     the information is held in secure data servers by Farmers Mill at the Website host for – notwithstanding that it may also be held elsewhere by Farmers Mill and other persons for the purposes described above; and

(b)     where information can be readily retrieved you will have access to it, the right to request correction, deletion and the right to be notified of action taken in response to any such request, subject to payment of any reasonable charge.

8.7         Farmers Mill will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information, which includes storing all the personal information you provide on its secure servers, and protecting information relating to electronic transactions entered into via the Website by encryption technology.

8.8         Information that Farmers Mill collects may be stored and processed in and transferred between any of the countries in which Farmers Mill operates to enable the use of the information in accordance with this privacy policy.  You agree to such cross-border transfers of personal information.

8.9         In the event that Farmers Mill or the Website is sold, acquired, merged, liquidated, restructured or otherwise transferred to another party, Farmers Mill reserves the right to transfer to the extent permissible by law its user databases, together with any personal or non-personal information contained therein to such party acquiring the assets.

If you like to know more go to Privacy policy

9            Intellectual Property

9.1         All content included on the Website (including compilation of, and software used on, this Website), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Farmers Mill or its content and software suppliers, and protected by New Zealand and International copyright laws. 

9.2         No part of the Website or the Intellectual Property in any products and services provided by Farmers Mill may be distributed or copied for any commercial purpose, nor incorporated in any other work or publication whether in hard copy, electronic or any other form.  Intellectual Property includes the design of, and all content appearing on the Website, trade marks (including logos), domain names, copyright, registered designs, patents, rights in computer software, databases and lists, confidential information, know-how and trade secrets and manuals, whether registered or unregistered and whether such rights are capable of registration. 

9.3         All Intellectual Property contained in the products and services provided pursuant to the Terms by Farmers Mill (including any improvements, addition, modification or revisions of the same) is owned by Farmers Mill. 

10          United Nations Convention on Contracts for the International Sale of Goods

10.1       The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply to these Terms.

11          Disputes, Governing Law and Jurisdiction

11.1       Any disputes relating in any way to your visit to the Website or to products or services sold or distributed by Farmers Mill through the Website will be governed by the law of New Zealand, and you agree to submit to the exclusive jurisdiction and venue of the Courts of New Zealand.

12          Compliance with Local Law

12.1       You agree to, at all times, comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in the country in which you reside in relation to all transactions made by you on the Website and in relation to any of the information, products or services made available to you by Farmers Mill .

13          Amendments

13.1       Farmers Mill reserves the right to amend these Terms of Trade from time to time, without notice to you by posting amended Terms of Trade on the Website.  By continuing your access to or your use of the Website or products acquired from Farmers Mill after such amendment, you are deemed to have agreed to the amended terms.

14          No Waiver

14.1       Failure by Farmers Mill to enforce any of the terms and conditions contained in the Terms will not be deemed to be a waiver of any of the rights or obligations it has under the Terms.

15          Severability

15.1       If any provision of the Terms is declared or adjudged to be invalid, void or unenforceable, such provision will be severable and deemed deleted from this agreement and will not affect the validity, existence, legality or enforceability of the remaining provisions.

16          Communication

16.1       When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the Website.  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.