Anyone using this site agrees to trade in a honest, ethical and respectful manner.
Safety Commitment NZHM reserves the right to terminate any membership at any time without notice. If any member misuses the site, NZHM could issue a warning, de-list, disable, or refer matters to the relevant authorities. Some examples of misuse are: illegal, stolen or unsafe listings; Listings that do not comply with New Zealand law or dishonest or harmful or offensive conduct. NZHM may also limit activities on our Site based on off-site conduct, such as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk. We may also terminate your membership if we suspect there is malicious activity that may be detrimental to Members of the Platform.
Limitation of Liability At no times is NZHM responsible for any honey, honey quality, honey weight or honey information. NZHM is not in any circumstances liable to the Vendor, the Purchaser or any other person in contract, negligence, equity or in any other way for any loss or damage of any kind, arising from or in relation to this contract. If for any reason NZHM cannot rely on this exclusion of liability, its liability will be limited to direct physical loss suffered to a maximum of $50 per transaction/contract. In no event will NZHM be liable for any loss of profit, savings, goodwill or business opportunity or for any indirect or consequential loss or for general or special damages.
NZHM Commission The NZHM commission is $1/Kg +GST or 3%+ GST of purchase price whichever is higher. This will be added to the purchase price & paid by the purchaser with their first payment. This commission may change from time to time.
Vendor Obligations The Vendor must:
Supply the correct weight & quality honey as specified in the sales contract.
Ensure any honey is correctly stored at all times
Complete all necessary documentation as required under the Animal Products Act 1999 and any other notice or declaration required by law for the sale or transport of the honey
Make available to the purchaser an amount of honey equal to or above to the quantity specified on the listing.
Provide to the Purchaser full equitable, beneficial and legal ownership and title in the honey free and clear of all encumbrances and adverse interests at the time of delivery to the Purchaser.
Agree to ensure all listings are accurate, complete, and representative of their honey. This includes the listing title, description, payment terms, and associated information.
Agree that they will only list items that they own.
Immediately notify NZHM if the listed honey is sold elsewhere or under contract elsewhere.
Agree that their honey will have to pass a honey test to the buyers' approval.
If the honey has been shipped & doesn't meet its sales contract specifications, then it is at the vendors expense to return the honey & any other storage or additional testing costs.
Interest on late payment If any amount payable by the Purchaser is not paid on the due date for any reason (other than the Vendor’s default), the Purchaser will be liable to pay to the Vendor, on demand, interest on the unpaid amount from the due date for payment at the rate charged by NZHM on overdue accounts. Late payment will instantly suspend the purchaser from NZHM. The Vendor may also charge the Purchaser reasonable storage costs (including any costs to transport honey to alternative storage) in the event that the Purchaser does not arrange for pick up of the Honey from the nominated address within the time frame specified in the sales agreement. Passing of title Title in the honey shall remain with the Vendor and shall not pass to the Purchaser until the Purchase Price has been paid in full in cleared funds in accordance with the terms of this contract. The Honey is to remain in its original packaging until fully paid.
Membership Membership is at the sole discretion of NZHM. To be a Member you must:
Be at least 18 years of age. Be a New Zealand Resident, unless an exemption has been formally approved by NZHM.
Be in sound financial condition Complete the registration and verification process and provide true and up to date information.
Ensure all the relative account information is up to date and correct. From time to time NZHM may choose to verify this.
Are held responsible for all the activities that occur on the Platform and off-Platform in relation to your account. This includes ensuring you login details are kept secure.
Agree to comply with the Fair Trading Act 1986, Consumer Guarantees Act 1993 and Copyright Act 1994.
As a Member of this Platform you agree to the collection of data relation to the performance of the site, including a range of metrics.
NZHM The Vendor and the Purchaser agree that:
NZHM is not required to make any disclosure to any person or to do anything under or in relation to this contract;
NZHM may act in multiple capacities under this contract, including as agent for the Vendor and/or the Purchaser (for example, giving or receiving notices or information for, or acting for,
either the Vendor and/or the Purchaser) and also as a principal buying and selling stock on its own account (so that NZHM is also the Vendor or Purchaser);
regardless of any conflict of interest, NZHM may deal with the Vendor or Purchaser as NZHM considers appropriate without owing any duty of disclosure or to account, or any fiduciary or other obligation arising out of so acting;
neither of them is entitled to access the advice, information or property of the other of them.
NZHM is constantly improving its Platform and Services, and these may change without notice.
Dispute resolution Any dispute between the Vendor and the Purchaser concerning whether the honey or part thereof may be rejected will be referred by NZHM, at the request of the Vendor or the Purchaser,
to an independent expert for determination. The independent expert will be appointed by NZHM after consultation with the Vendor and the Purchaser
(or, if NZHM is also the Vendor or Purchaser in its own right, appointed by the President of The Law Society failing agreement between the Vendor and the Purchaser). The independent expert may be NZHM or an individual employed by NZHM.
In determining a dispute the independent expert will:
act as an expert and not as an arbitrator;
rely on the expert’s own knowledge, skill, experience and judgment;
be entitled to make enquiries without reference to the Purchaser or the Vendor.
The expert will be requested to give the expert’s determination of the dispute as soon as practicable after being appointed. The expert’s determination will be final and binding on the Purchaser and the Vendor.
The expert’s fees with respect to his or her determination will be borne equally by the Vendor and the Purchaser, except to the extent that the expert determines otherwise.
Intellectual Property Rights NZHM retains all its intellectual property rights, including rights in the software and source code used, to provide the Site and Services. You may not reproduce any works from any part of the Platform or commercialise or on-sell any information obtained from using our Services.
Miscellaneous Joint and several liability: if the Vendor or the Purchaser is more than one person, the obligations of the Vendor and/or the Purchaser (as the case may be) under this contract bind all those persons jointly and severally. We are constantly improving our Platform and Services, and these may change without notice.