TERMS AND CONDITIONS OF SALES
1. General informations
These general terms and conditions of sale apply between the person visiting or making a purchase via www.millsfarm.co.com and the beekeeping operation.
Head office:
Marina’s Apiary Ltd
609b Fairburn rd, Peria
Kaitaia 0482, New Zealand
Siret: 802 077 3888 00030 / APE: 0149Z
As these T&Cs are subject to change, the applicable T&Cs are those in force on the website on the date of your order. They apply to the exclusion of all other conditions.
Marina’s Apiary Ltd does not engage in telephone canvassing, so the provisions of the Consumer Code relating to telephone canvassing are not applicable to orders covered by these T&Cs.
2. Warranty
The guarantee for all our queens is a live animal breeder’s guarantee. We guarantee that each package contains a mated queen bee that has been tested over one egg-laying cycle. The guarantee does not cover delivery issues and their impact on the condition of the queen after transport.
3. Price
All prices are quoted in NZ$, excluding all taxes.
Prices are quoted carriage forward unless otherwise stated on the website. All orders, regardless of their origin, are payable in NZ$ and Bitcoins.
4. Payment
We accept payments by Bank transfer, as well as debit/credit card (bearing the CB logo) and international bank cards (bearing the VISA or MASTERCARD logo).Card issued by banks domiciled outside New Zealand must be international bank cards.
An invoice will be issued by Marina’s Apiary Ltd and sent to the customer by email. It will remain available in the customer’s account area.
The queen bees ordered remain the property of Marina’s Apiary Ltd until the invoices have been paid in full.
5. Queen bees description
All our queens are described as accurately as possible. We cannot be held responsible for any errors.
Any transaction not disputed within one month cannot give rise to a claim, except under the terms of the guarantee.
6. Shipment, Delivery
Delivery costs are indicated in the summary before you confirm your order. They vary depending on the number of queen bees and the destination of the orders. The amount is subject to the buyer’s approval before each order is confirmed.
We undertake to make every effort to deliver the queen bees ordered as quickly as possible.
Any delays do NOT entitle you to cancel the sale, refuse the goods or claim damages.
Products are delivered to the delivery address you provided during the ordering process. If a queen bee dies during transport, you must notify us within two days of delivery. Any claims made after this period will not be accepted.
If you encounter any problems, please contact us as soon as possible.
We accept no responsibility for late deliveries.
7. Customs charges
Any order placed on the website and delivered outside New Zealand may be subject to taxes and customs duties imposed when the parcel reaches its destination. These customs duties and taxes related to the delivery of an item are your responsibility and are your liability. We are not required to check and inform you of applicable customs duties and taxes. To find out more, we advise you to check with the relevant authorities in the country of delivery.
8. Withdrawal period
You have 15 days from your payment of your order to cancel it.
If returning a queen bee, you must replace the attendants to ensure the queen’s survival. Please contact us for confirmation.
The order must be returned in its original packaging with a copy of the invoice.
You will be responsible for the cost of transporting the returned items.
Refunds will be made within 30 days.
9. Applicable law
This contract is subject to New Zealand law. The language of this contract is english. In the event of a dispute, the Courts of Kaiataia, Northland shall have jurisdiction.
10. Title Retention Clause
The queens remain the property of Marina’s Apiary Ltd until full payment has been received by our company. Until that date, the queen delivered is considered to be on consignment.
In the event of non-compliance by the purchaser with any of the payment deadlines, Marina’s Apiary Ltd, without prejudice to its other rights, may obtain, by registered letter, payment for the queen at the purchaser’s expense until the latter has fulfilled all of its commitments.
11. Responsability
The queen bees offered comply with current New Zealand legislation and standards applicable in New Zealand.
The photographs, texts, graphics, information and characteristics reproduced and illustrating the products sold are not contractual. Consequently, Marina’s Apiary Ltd cannot be held liable in the event of an error or omission in any of the presentations or in the event of a change in the characteristics of the queens by the suppliers.
Marina’s Apiary Ltd cannot be held liable for non-performance of the contract in the event of stock shortages or product unavailability, force majeure, disruption or total or partial strikes, particularly of postal services or means of transport or communication, flooding or fire.
Furthermore, hypertext links may refer to sites other than the Marina’s Apiary Ltd site. The operator accepts no responsibility in the event that the content of these sites contravenes the legal or regulatory provisions in force.
12. Website access licence
Use of this web service is strictly for personal use only. You are strictly prohibited from downloading, reproducing or modifying all or part of this site (trademarks, texts, comments, works, illustrations and images, whether visual or audio) without our prior written authorisation. These elements of the site, protected by copyright, trademark law, patent law and image rights, are the property of Marina’s Apiary Ltd.
Any reproduction or representation, in whole or in part, constitutes an infringement and engages your civil and criminal liability.
You are permitted, on a non-exclusive and revocable basis, to create a hypertext link to the home page of the website, provided that this link does not create a misleading, false, pejorative or prejudicial image of us, our business, our products or our services. Under no circumstances shall the creation of this hypertext link engage our responsibility in any way whatsoever for the content of your website. Any use of our logo, brand or graphics in your link requires our express written authorisation.
13. Privacy of personal data
All personal information that identifies the customer is subject to computerised processing declared to the New Zealand Officeof the Privacy Commissioner (OPC).
In accordance with Law section 17 of the Privacy Act 2020, you may exercise your rights of access, rectification and opposition to this information by sending an explicit request by email to Marina’s Apiary Customer Service.
Depending on the choices made by the customer when filling out an order form specifying certain mandatory fields, they may choose to receive offers from Marina’s Apiary Ltd or be informed of special promotions via their email address.
If the customer no longer wishes to receive these offers and information, they may request this at any time by sending a request directly by email.
14. Warranties and liability
You benefit from the provisions of the legal warranty against hidden defects.
We decline all responsibility in the event that the queen delivered does not comply with the legislation of the country of delivery other than New Zealand.
We undertake to exercise all due care customary in the profession in providing the service offered to the customer. However, we cannot be held liable in the event of a breach of our contractual obligations due to unforeseeable circumstances or force majeure as defined by New Zealand case law.
We cannot be held liable for any minor differences between the photos of the items on our website, texts and illustrations and the items ordered.
We use all means at our disposal to provide the services covered by these GTC. Under no circumstances shall we be liable for loss of profits, commercial losses, loss of data, loss of earnings or any other indirect damage or damage that was not foreseeable at the time of use of the website or conclusion of the sales contract between you and us.
The above limitation of liability shall not apply in the event of fraud or gross negligence on our part, in the event of personal injury or liability for defective products, in the event of eviction and in the event of non-conformity (including due to hidden defects).
15. Applicable law and competent jurisdiction
In the event of a dispute, an amicable solution will be sought before any legal action is taken. These general terms and conditions of sale are subject to New Zealand law on contracts for the International Sale of Goods. The sole competent jurisdiction in the event of a dispute is the Commercial Court of Kaitaia (Northland) in France.
You can contact us by email at contact@millsfarm.co.com
16. Personal information
Marina’s Apiary Ltd undertakes not to disclose to third parties any information you provide to us. This information is confidential.
Consequently, in accordance with the Privacy Act 2020, you have the right to access, rectify and oppose any personal data concerning you.