Terms and Conditions

By using this website you agree to be bound by these conditions. If you do not agree with them, you are not authorized to use the website.

This website and its contents are subject to copyright which is owned by The Soulful Garden or a third party. The Soulful Garden does not grant you any intellectual property rights in this website, its applications, interface or contents. You must not use any trademark displayed on this website.
We do not warrant the accuracy or completeness of any information you derive from this website and we exclude liability for loss or damage arising from any errors or omissions in this website or your use of this website (including any interference with or damage to your computer system). If any liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information or services.
You release The Soulful Garden, its servants and agents to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through this website.
Prices listed on this website and terms and conditions of any kind relating to products displayed on this site may not be current or complete and therefore under no circumstances constitute an offer or undertaking by The Soulful Garden. We make no representation that the products listed in this site are currently available at any or all of our locations. For full details of product information, product price, and conditions contact us at The Soulful Garden, 1071 Auckland - Phone: (027) 978 1525.
This website may contain links to external Internet websites. The Soulful Garden does not sponsor, guarantee or approve of any material or representations in those websites. Nor do we warrant that material on linked sites is free of any computer virus, defects or infringements.
Links to this site are permitted, provided the full html page is loaded. Links to individual graphics or to areas that are considered "security areas" that bypass any security protection or password protect that The Soulful Garden establishes are expressly prohibited. If you wish to use a graphic to link to this site please contact us.
You must only use this website, and you must only display, copy, distribute download and print portions of this website for your own personal use. You must not attempt to change, reproduce, add to, remove, hack or interfere with this website or its material.
We cannot guarantee any file, data or program available for download from this website (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this website. This website may be inaccessible from time to time due to events outside The Soulful Garden’ control or maintenance requirements.
If we collect your personal information, we do so subject to the terms of our Privacy Policy, details of which are at www.thesoulfulgarden.com/policies/privacy-policy
The Soulful Garden offers you access to this website and the functionality attached to this website but reserves the right to charge a fee for this service in the future (no fee is currently applicable).
We may use cookies to gather data in relation to this website and you consent to us doing so (although you may be able to disable cookies on your web browser).
These conditions are governed by laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.

Online shopping terms of use
Important: Terms and Conditions of our Online Shopping Service.

The Soulful Garden (The Soulful Garden, we, us, our) is pleased to offer you the opportunity to buy and receive goods and services (Products) from us through The Soulful Garden website (Website) on the basis of the following terms:

1. Orders

a. In respect of each Product listed in your Checkout Summary, your order is an offer from you to The Soulful Garden to buy that Product from us.
b. The Soulful Garden will be bound to supply you the Product (subject to its cancellation rights in clause 7 below) once payment has been processed and The Soulful Garden has sent you an email order confirmation.
c. The Soulful Garden reserves the right to accept or reject your order in in full or part and for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order.
d. You warrant that all information and data provided by you in your order is accurate, complete and up to date. You will promptly notify The Soulful Garden if there is any change to this information or data.
e. You acknowledge The Soulful Garden, where permitted by law, reserves the right to limit the sale of products to reasonable or normal household quantities.
f. All accepted orders supersede all previous quotes/estimates.

2. Information about Products

Due to photographic and screen limitations associated with the representation of Products, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.

3. Pricing and payment

a. You must pay for all online purchases at the time of online checkout, prior to order confirmation, in accordance with one of the payment methods offered on the Website. Where we cannot fulfil an order, a refund will be provided under clause 8.
b. The prices of Products, and any delivery or other charges, shown are in New Zealand dollars, inclusive of GST.
c. You acknowledge the price for Products excludes delivery or shipping charges. Delivery or shipping charges will be payable on Products purchased and may vary depending on the number of Products to be purchased, the size or shape of the Products and your residential address.
d. The Soulful Garden may vary the prices on this Website at any time, and prices are subject to change until you have paid for the Products in full.

4. Delivery (if applicable)

a. Where the Product is able to be delivered, delivery options are listed on each Product's Product Page.
b. The option selected by you and the applicable estimated delivery times and delivery charges will be shown in your Checkout Summary. The Soulful Garden will use reasonable endeavours to deliver Products within the time frame shown.
c. You will be notified via email once your Products have been dispatched.
d. If the Product has not been delivered within a reasonable time (depending on the nature of the Product and the delivery address), please contact us if you wish to cancel your order for that Product and request a refund.
e. You must ensure there is clear and safe access for delivery. Please ensure there is a person present at the delivery premises who is authorised by you to accept delivery. If there is not, you authorise and acknowledge that our delivery service providers will carry out delivery of the Product(s) by leaving the Product(s) at your door step or at the ground level of the delivery premises.Delivery does not include installation or moving of products inside your premises.
f. Risk in the Products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the Products in full.
g. Here's a general range for courier delivery charges within New Zealand:

• Local Deliveries (Within a City or Nearby): Starting from NZD 5 to NZD 20 for small parcels or documents with standard delivery, depending on the courier service provider.
• Inter-City Deliveries (Between Major Cities): Ranging from NZD 10 to NZD 50 for standard delivery, again based on the courier company and package size.
• Rural Deliveries: Delivery to rural areas might incur additional charges, typically ranging from NZD 5 to NZD 20 on top of standard delivery fees.

These are approximate ranges and can vary significantly. Unless otherwise indicated, delivery charges are based on the quantity, size, share and weight of the Product(s) purchased and as determined by The Soulful Garden.

5. Click & Collect (if applicable)

a. There may be an option to collect Products from our art studio. If this option is available, it will be listed on each Product's Product Page. If Products are being collected, please collect them within 5 days after The Soulful Garden informs you that they are ready for collection. If you do not, then unless you make arrangements with us for late collection, The Soulful Garden will assume you have cancelled your order. This means The Soulful Garden may re-sell the Product, in the case of specially ordered or custom-made product you may be required to pay a re-stocking fee and or forfeit any deposit/payment you have made. As part of the collection process, The Soulful Garden may require you to book a collection time and to verify your identity upon collection.

6. Warranties and liability

a.All Products come with consumer guarantees that cannot be excluded under New Zealand consumer laws. You may be entitled to a replacement, repair or refund if a Product is faulty.

c. All other warranties and representations are excluded, except those which are non-excludable in law. Where Products supplied are not of a kind ordinarily acquired for personal, domestic and household use (for example, commercial products) or the Products are purchased for business use, you agree the protections provided by New Zealand consumer laws do not apply, including, without limitation, the Consumer Guarantees Act.

d. To assist The Soulful Garden in resolving any problems you may experience, please inspect the Products upon taking delivery and report any shortage, discrepancy, defect, wrong specification or similar problem to The Soulful Garden as soon as you become aware of it.

7. Cancellation by The Soulful Garden

a. You acknowledge that in some cases it may not be possible for The Soulful Garden to fulfil or meet your order and, therefore, The Soulful Garden may need to reject and cancel your order you have made for a Product.

b. The Soulful Garden may cancel any order (in full or part) where: you are in breach of your payment obligations; The Soulful Garden reasonably suspects that you are purchasing goods for the purposes of resale or resupply without prior agreement; The Soulful Garden becomes aware after order confirmation that the good is out of stock; (iv) there has been a genuine pricing or product description error; or (v) where the transaction is suspected of being the subject of credit card or payment-related fraud. The Soulful Garden will refund any amount already paid in respect of any cancelled order. In the case of part cancellation of an order, a refund will be provided on the amount paid that relates to the cancelled portion of the order.

8. Refunds & Returns

a. Our refunds and returns policy can be found at www.thesoulfulgarden/policies/returns. Some Products, including custom made Products or special order Products may not be returnable unless a warranty or guarantee is breached.

9. Privacy

a. The Soulful Garden collects your personal information to allow us to supply you with Products or services. The Soulful Garden' Privacy Policy can be found on www.the soulfulgarden.com/policies/privacy-policy.

b. By placing an order through this Website, you consent to The Soulful Garden collecting your personal information (including your name, contact details and delivery address) and providing it to third parties (including suppliers and delivery contractors) for the purpose of fulfilling and delivering your order. If you have any questions, email us at connect@thesoulfulgarden.com.

10. Inconsistency

a. These Terms of Sale, together with The Soulful Garden policies available on the Website (including our returns and privacy policies) apply to the exclusion of all other terms. In the event of any inconsistency between those documents, these Terms of Sale will take precedence.