Terms & Conditions
Acceptance of termsThese terms and conditions govern all supply of goods and services ("products") by " Gibson Grounds, LLC", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.gibsongrounds.com ("the website"). They are effective from May 1, 2020 and will replace all earlier Gibson Grounds, LLC terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorization to agree to these terms and conditions on behalf of the entity.
Availability and supplyAll orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavor to notify the non-availability on our online shop.
Delivery and delivery chargesPrices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to United States street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.
We will use all reasonable endeavors to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
PricingAll prices are in United States Dollars and are inclusive of any Tax unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment optionsWe accept the following credit cards:
Visa, MasterCard and American Express
We also accept payment from your PayPal account if you have one.
Credit Card SecurityAll payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.
Click here to for PayPal's terms.
Shipping and deliveryReturns policies vary significantly from one retailer to the next and can be vastly different across industries. Therefore, we have not provided you with a shipping and delivery policy template and we recommend you create your own.
Here are some ideas to include in your shipping and delivery terms
- Shipping Costs and Calculations. How is shipping calculated?
- Explain that shipping is calculated once the customer has entered their shipping details
- Delivery time, how long does it take for you to ship the goods to the customer? How much time should it take for the order to arrive with the customer?
- Shipping and delivery days. What days do you ship?
- How to track an order
ReturnsAll retail Website hosted by Rocketspark must have a returns policy.
Returns policies vary significantly from one retailer to the next and can be vastly different across industries. Therefore, we have not provided you with a returns policy template and we recommend you create your own and we recommend you seek your own legal advice.
To create your own policy we recommend you consider the following elements:
- Applicable consumer laws in New Zealand including the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. Check out: https://www.consumerprotection.govt.nz/general-help/ways-to-buy-and-pay/online-shopping/.It is important that you make sure that you do not mislead people about inalienable rights, including Consumer Guarantees Act rights for many consumers. You should not say "no refunds" because in some circumstances the law will require you to give a refund. The NZ Ministry of Consumer Affairs suggests the following wording about change of mind refunds:
- Will change of mind refunds be given?
- Do you allow exchanges where customers change their minds?
- What written warranty will you provide (i.e. in addition to Consumer Guarantees Act guarantees)?
"We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy."
Applicable law and jurisdictionUnless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of the United States of America. The Courts of the United States shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
General ConditionsWe reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.gibsongrounds.com.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.