Vendor Terms & Conditions

Nelson Flowers is an online marketplace venue operated by Nelson Flower Company.

1. Purpose

To provide an online venue to introduce local floral vendors and enable vendors to advertise and sell floral arrangements on our Site.

Nelson Flower Company does not create or own these arrangements or take part in delivery or collection of these items as sold by Vendors on Site. 

2. Privacy Policy

You agree that we may disclose your personal information in accordance with our Privacy Policy, including your name and contact details, as well as any transactional records, site interactions or other relevant information, to the relevant authorities if required to do so by law or if you breach our terms and conditions.

3. Licence of Intellectual Property

We retain all of our intellectual property rights, including our rights in the software and source code used, to provide the Site and relevant services.

4. Services may change

We are always looking to improve our Site and services. We may add or remove features or cease to provide a service altogether without notice.

5. Vendor account holder

A vendor account holder must:

(a) Be over 18 years old;

(b) Be a resident in New Zealand; and

(c) Be in trade in New Zealand;

(d) Complete the registration process and provide true, correct, and up-to-date information.

6. Maintaining your Account

You agree to keep your account and contact details up to date and correct.

7. Termination

Either party may terminate your Vendor account at any time, for any reason. We will process your termination within five business days.

8. Communication

We encourage open communication and may contact you at any time about your account, your transactions, and any other activities on our Site.

9. Conduct

Both parties are expected to comply with all laws and regulations of New Zealand when using our Site and services including but not limited to the Fair Trading Act 1986, the Harmful Digital Communications Act 2015 and the Biosecurity Act 1993.

All listings must be accurate, current, complete and include all relevant information and key terms. Dishonesty or deliberate omission of such information is prohibited.

10. Content

The content you submit for listings on our Site must be your own. Including photos and descriptions known as ‘your content’.  You retain ownership of your content.  You grant us a non-exclusive, transferable, royalty-free licence, to use on any media or platform to promote you and your listings on our Site.

11. Selling and Listing

Fee structure

(a)  Our fee structure is 10% commission on gross amount of sale less transaction fees.  Transaction fees are 2.7% + 30c per transaction as set by Shopify, our payment gateway provider.
(b)  We may change our fees. We will notify you about fee changes with 10 working days’ notice.
(c)  We will credit your nominated bank account with your sale proceeds, less transaction fees and commission within 48 hrs of receiving funds from Shopify.  We endeavour to have funds cleared and in your nominated bank account within five business days from the date of transaction.
(d)  It is your responsibility to maintain your bank account details with us, advising us of any changes.

GST

As a New Zealand resident, both parties are subject to paying Goods and Services Tax (GST) on their portion of monies received.

Policy Compliance

(a)  When you list an Item on the Site, you must do so with the intention of selling this item through the Site. Therefore, you must not advertise your Item on a different forum at a lesser price.
(b)  You must promptly ship or deliver sold Items to the Buyer or arrange collection with the Buyer. You are responsible for ensuring the Item arrives in the condition described in your Listing as shown on Site. 
(c)   It is particularly crucial for fresh perishable Items the transaction is completed (including delivery) in a timely fashion to retain quality unless otherwise agreed in writing and notified to us in writing.
(d)   You will always ensure any additional charges that may be incurred by a Buyer are clearly stated within the Listing.

Relevant Listings

You will be able to list up to four products with a limit of three variables to advertise your floral products.  We may change this number at our discretion.

12. Dispute Resolution

If you have a dispute with us, please let us know and we will try to resolve it informally. If we need to contact you about a dispute, we will use the last email address you gave us or any other reasonable method. 

13. Limitation of Liability

You assume full responsibility for any loss or damage that results from your use of the Site and services.

14. Our Role

Our Site is provided as a venue only. We do not take part in the creation or the delivery of arrangements.  We grant no guarantee.

15. Our Rights

We may remove listings or content, suspend or terminate an account if you breach our Terms or where we consider it appropriate in our sole discretion.

16. Indemnity

You agree to indemnify us and hold us harmless against any claim made by yourself or any third party that is in any way related to:
Your access to or use of our Service;
Your breach of these Terms;
Any content or Item that you submit, post, transmit or make available through our Services.
Your indemnity under this clause covers all losses, damages, debt collection costs, or expenses (including legal costs) that we may suffer or incur.

17. Entire Agreement

These terms, and all terms and policies posted by us on our Site govern your use of our Site and services and are the terms that we offer our services to you.

In registering as a Vendor account holder you are agreeing to these terms.  We may update these terms from time-to-time by site announcement or other notice. Once any updated terms are in effect, you will be bound by them if you continue to use our Site services. 

    18. Interpretation

    (a) Headings and titles do not affect the interpretation of the Terms;

    (b)   “Vendor or Vendor Account Holder” means any person or entity registered as an vendor account holder on the Site;

    (c)   “Items” mean any good or service that may be bought or sold on the Site;

    (d)   “Listings” mean all listings of Items or Services that may be bought or sold on the Site.

    (e)   “Seller” means vendor account holder;

    (f)   “Services” means any one or more of the services offered by the Site, from time to time, including listings, advertising and any other service that the Site may offer.

    (h)   “Site” means our website or application through which Services are offered.

    (i)   “Terms” means these terms and conditions, our privacy policy and all terms and policies posted by us on our Site.

    (j)   “We”, “Us” and “Our” means Elysian Ventures Limited trading as “Nelson Flower Company” or “Nelson Flowers”.

    (k)   “You” and “Your” means you.