Terms and Conditions
Conditions of Use
Native Neem Ltd and its affiliates provide their services to you subject to the following conditions. If you shop at Native Neem Ltd, you accept these conditions. Please read them carefully. In addition, when you use any current or future Native Neem Ltd, you also will be subject to the guidelines and conditions applicable to such service or business.
The Customer is the party specified as the buyer at checkout.
Please note, we offer on the Native Neem website only items that are in stock. However if items are found to be out of stock for any reason, payment made by the customer for that particular product will be returned as soon as possible and not held for the future stock to arrive.
When customers visit Native Neem Ltd website or send e-mails to us, customers are communicating with us electronically. You (Customer) consent to receive communications from us electronically. We will communicate with you (Customer) by e-mail or by posting notices on this site. 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.
All content included on this site or added in future, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Native Neem Ltd or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Native Neem Ltd and protected by international copyright laws. All software, if used on this site is the property of Native Neem Ltd or its software suppliers and protected by international copyright laws.
Risk of Loss
All items purchased from Native Neem Ltd are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer of warranties and limitation of liability
This site is provided by Native Neem ltd on an "as is" and "as available" basis. Native Neem ltd makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Native Neem Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Native Neem ltd does not warrant that this site, its servers, or e-mail sent from Native Neem ltd are free of viruses or other harmful components. Native Neem ltd will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Consumer Guarantees Act 1993/Claims
Where the Customer is not a consumer as defined in Section 2 of the Consumer Guarantees Act 1993, the Act shall not apply to the supply of product or services.
The liability of the Company whether in contract or in tort for any loss, damage or injury arising directly or indirectly from any defect or non-compliance of the goods supplied is limited to replacement or repair of such goods or damages not exceeding the invoice value of such defective or non complying goods at the option of the Company. The Company shall not be liable for any consequential indirect or special damage or loss of any kind whatsoever. The description of goods in the order is given as an aid in the identification of the goods and it is not a condition of supply that the goods shall correspond precisely with the description given or that colours shall match samples exactly.
Ownership in the goods shall remain vested in the Company until the Customer has made payment in full for all sums owing by the Customer to the Company or if payment rescinded. Until ownership passes to the Customer, the Company may repossess any or all of the goods supplied by entering the Customer’s premises where such goods are reasonably thought to be stored.
By visiting Native Neem Ltd, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Native Neem Ltd or its affiliates.
Any dispute relating in any way to your visit to Native Neem Ltd or to products you purchase through Native Neem Ltd shall be submitted to confidential arbitration in Auckland, New Zealand, except that, to the extent you have in any manner violated or threatened to violate Native Neem Ltd's intellectual property rights, Native Neem Ltd may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
All personal details if any provided to Native Neem Ltd will remain totally confidential and no details will be disseminated to, nor shared with, any other parties.