LIVING EARTH BULK BAG TERMS AND CONDITIONS

1. Introduction

The Living Earth® direct sale and delivery service (Living Earth Direct) is supplied subject to these terms and conditions, and to the health and safety information, delivery instructions, and handling and application procedures on their packaging or the Living Earth website (Terms).  Please read these terms and conditions carefully because they are a legally binding contract between you and Living Earth.  The supplier of Living Earth Direct is Waste Management NZ Limited (Living Earth/we).  Ordering or using Living Earth Direct constitutes your full acceptance of these Terms.  If you do not want to fully accept these Terms then you must not use Living Earth Direct.

2. Our Responsibilities

We are responsible for ensuring that our products:

1. meet or exceed the quality we claim;
2. will be fit for the purpose and use we recommend them for; and
3. materially comply with our descriptions of them;

on their packaging or the Living Earth website. 

Additionally, we are responsible for ensuring our delivery service is performed with the required care and skill, within a reasonable time.  In usual circumstances we aim to complete the majority of Living Earth Direct orders within five working days of accepting your order. 

We are also responsible for providing our delivery partners and agents with the skills, resources and training necessary to carry out the service, and we will require them to do so safely and in manner which respects the privacy and dignity of all people.  

We will carry out all our responsibilities in compliance with applicable New Zealand laws and regulations, including NZS 4454:2005 (composts, soil conditioners and mulches).

3. Ordering

You may be required to create an account to submit orders or use certain services in relation to Living Earth Direct.  You must be at least 18 years old and you must provide truthful and accurate information about yourself.  You must not share your account with anyone else.  If your information changes at any time, you must promptly update your account to reflect those changes, as we will use the information you provide to communicate with you and validate pricing.  We may collect, retain and use your personal information to process payments for your purchases, communicate with you, improve or market our products and services, or for any other purpose that you authorise.  You may access and correct any personal information we hold about you in accordance with the Privacy Act 2020.  (If we accept orders through systems other than our website then throughout these Terms, unless incompatible with the context, a reference to ‘website’ will also refer to such other ordering systems.)

4. Price and Payment

The price payable by you for your Living Earth Direct order is as quoted on the website at the time of your order, unless expressly agreed otherwise in writing by Living Earth.  All prices are in New Zealand dollars and include Goods and Services Tax (GST), unless otherwise stated.  Prices quoted include a delivery component based on information you provide to Living Earth, and we reserve the right to vary the price if that information is inaccurate.  Submitting an order is an offer to purchase from Living Earth Direct and you must make payment as part of submitting that order.  Payment may be made by credit card or by such other method as we may agree.  

5. Delivery

You are responsible for providing a suitable and safe delivery point in line with our delivery instructions, and any applicable regulations or bylaws.  If the delivery point is not within your exclusive property, then you are responsible for obtaining the necessary permissions or moving it promptly.  Our delivery partner may contact you to agree a delivery point or may deliver your order in vicinity of the letterbox or some nearby location.  Our vehicles are not obliged to enter any private property as part of delivery, but we may do so for your convenience.  If we enter your property it is at your risk, and you are responsible for ensuring that conditions are suitable and safe.  If upon arrival our delivery partner cannot reasonably identify any suitable and safe delivery point then a new delivery may need to be ordered and paid for by you and, unless we expressly agree otherwise, no refunds will be given. 

6. Variation, Replacement or Return

We will begin to allocate and prepare your Living Earth Direct order once we accept it, and you have no unilateral rights to cancel or vary an order.  If you request a variation due to exceptional circumstances it might be granted at Living Earth’s sole discretion and subject to payment of any reasonable costs.

If any part of an order is defective you can ask us to remedy the defect by giving immediate notice with full details of your claim to Living Earth via our website or by email to info@livingearth.co.nz.  We have the right to visit you and inspect your use and storage of Living Earth Direct to verify your claims.  If it is reasonably substantiated that any part of an order was defective as at delivery, then we will replace or refund you the relevant portion of the price you paid.  Otherwise, delivery to the address provided will constitute both delivery and your acceptance of the order when it occurs, and if you are not present the order will be left at your risk. 

7. Disclaimer

We will supply our products and services using a commercially reasonable level of care on a timely basis so that you can enjoy Living Earth Direct.  But there are some things that we don’t promise.

Because Living Earth products involve naturally composted material there may be minor variations or irregularities in batches.  We are not responsible for anything outside our reasonable control.  For example, we cannot control the impacts of weather or the speed of microbial digestion, so sometimes our products take longer than usual to be ready.  We reserve the right to delay, vary, or cancel any parts of an order.  We will let you know promptly and provide you a full refund for any part(s) of an order which are cancelled, and upon payment of such refund that portion of the order will be deemed complete.

Because our products contain natural and organic materials, all our claims and responsibilities in relation to Living Earth Direct are as at the date of delivery only, and if you do not use them promptly they may be impacted by temperature, moisture, and passage of time.  Our products are made from recycled green waste in compliance with NZS 4454:2005 which specifies a non-zero limit for inorganic material.  We will fill the packaging with loose volume that meets or exceeds the quantity we advertise, but settlement may occur during delivery, and some of our packaging is deeper than the advertised volume in order to reduce loss or spillage.  Once emptied of its contents our packaging is not intended for any further use or purpose.  Please dispose or recycle appropriately. 

Nothing in these Terms diminishes any compulsory rights you may have under New Zealand law (such as the Consumer Guarantees Act 1993) but they do provide details on how we will meet such obligations.  Except as set out in these Terms neither Living Earth nor its delivery partners and agents make any representations or promises about Living Earth Direct, its availability or ability to meet your specific needs.  We exclude all warranties to the extent permitted by law.

Our liability in connection with any Living Earth Direct order is to you only, and not to any other person or thing, and, except where law expressly requires otherwise, only to a maximum amount equal to the price you paid for the relevant product or service under which such liability arose.  To the fullest extent permitted by law, we will not be liable under any circumstances whatsoever for any consequential, indirect or special damages, loss of profits or injury, or for the surface of or anything underneath the surface of any area we traverse in connection with our delivery service.

8. IP and Indemnity

We are delighted by people’s interest in Living Earth’s distinctive identity.  But you must not use or reproduce any part of our branding, packaging, trademarks, information, or these Terms without our express written permission.  For avoidance of doubt this means you must not re-use, re-sell, or re-fill packaging displaying the Living Earth name or branding.  We fully reserve all the legal and moral rights we have in our Living Earth intellectual property, whether registered or not.  By submitting an order you indemnify Living Earth and its affiliates against any liability arising from misuse of Living Earth Direct or any failure to comply with these Terms including the health and safety information, delivery instructions, and handling and application procedures.

9. Construction

These Terms are the entire contract between you and Living Earth in relation to Living Earth Direct. 

If you breach these Terms, and we don’t take action right away, this doesn’t mean we accept the breach, or that we are giving up any rights we may have (such as taking action in the future).

You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of Living Earth Direct will take place in Auckland, New Zealand, in accordance with its Courts and laws.

If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.  Please check regularly as we may modify any part of these Terms, our website, pricing, or our Living Earth Direct product range, to add remove or suspend functionality, at any time without notice.  However, once you have paid for an order any such modification will not apply to you until we have completed that order.