Terms & Conditions

 

Use of Website subject to terms & conditions

1. Use of the Website & purchase of Products are subject to these terms & conditions

Your access to, & use of, the Website & your purchases & use of the services & products able to be purchased via the Website is subject to the following terms & conditions. By using the Website you represent that you have read, understood & accepted these terms & conditions, & agree to be bound by them.

Ordering rules

For all subscriptions:

  1. We regularly deliver subscriptions on the first of the month.

  2. Your order constitutes an order for an ongoing & regular purchase & delivery of the subscription selected & will, subject to the rights to skip & terminate set out in these terms & conditions, continue indefinitely.

  3. You can choose to skip (for a period of time) or remove (indefinitely) your order.

  4. You can also choose to change a monthly delivery to a delivery every second month & vice versa.

  5. The cut off day & time for ordering, or skipping or removing an order is at 2400 hours (midnight) at least 7 days before the relevant Delivery Date.

  6. Where you have skipped or removed your order, & we contact you via Text Message, you are able to reinstate your deliveries through the use of our Text Messaging Service. Use of this service will recommence your subscription to Sage & Seed’s subject to these terms & conditions.

Discretion

Sage & Seed:

  1. has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever;

  2. has the absolute discretion as to whether an order placed on its website is accepted & fulfilled. Sage & Seed may cancel an order for any reason whatsoever; &

  3. may, at its absolute discretion, suspend or terminate the ability of any Customer to order through the Website for any reason whatsoever.

Customer liable for every order

You are liable for every order made under your Login which has not been removed or skipped pursuant to the Ordering Rules.

Trade not supplied

Unless otherwise agreed, you may not purchase subscriptions or any Products through the Website for the purpose of resale.

Pricing

The prices are per subscription & are listed on the Website. The prices of the subscriptions are inclusive of GST. Where additional delivery costs are applicable, these costs will be clearly indicated during the order process. Delivery costs are inclusive of GST.

All amounts are in New Zealand dollars.

Sage & Seed reserves the right to change the prices from time to time during the term of this agreement. We will notify you of a price increase by e-mail at least eight days before the delivery date for an affected subscription.

Invoicing

Sage & Seed will invoice you via email.

Payment

Payment for your first subscription, or subscriptions, is due, & will be invoiced & deducted (or as the case may be, debited) from your credit card at the next billing date. When an order for your first subscription or subscriptions is placed, a verification payment for the order total will be deducted or debited from your credit card. The verification payment will be immediately refunded to your credit card, however bank processing times can vary & the payment may take up to ten days to be refunded.

Payment for a subsequent subscription, or subscriptions, is due, & will be invoiced & deducted (or as the case may be, debited) from your credit card, on the original agreed date.

The name that will appear on your credit card statement will be Sage & Seed Limited.

Payment for extra Subscriptions will be invoiced & deducted on the same timings as any other subscriptions it has been added to.

Method of Payment

You must pay Sage & Seed for the Subscriptions purchased by credit card (other than American Express). The Website does not accept any other form of payment.

Payment by credit card declined

If your credit card is declined by its financial institution or fails to process for a subsequent Subscription, or Subscriptions, payment will be deducted (or as the case may be, debited) from your credit card. If your credit card is declined or fails to process up to seven days before the Delivery Date, Sage & Seed may decline to deliver the relevant order &/or Sage & Seed will contact you to make alternative payment arrangements.

Sage & Seed reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

Adjustments

If you are invoiced an incorrect amount for any Subscription ordered, Sage & Seed shall be paid, or will refund you, the necessary adjustment amount to reflect the correct amount which should have been invoiced. We will refund you by either crediting your credit card or alternatively crediting your account balance in your online account.

Debt collection

You are liable for all costs associated with debt collection where you default in payment for any order.

Product availability

Sage & Seed will make every effort to fulfil orders placed with the Website, however we will not be liable to any person if we are unable, or decline, to supply a Subscription or Product for any reason whatsoever, other than to refund the amounts paid in respect of the Subscription or Product.

We reserve the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by you for that order will be adjusted accordingly.

Sage & Seed may alter seeds, herb seeds or seedlings, vegetable seeds or seedlings, or any other plant seeds or seedlings, due to stock availability.

Product Quality

In establishing that a Product was damaged or spoiled on delivery to you, we may require photographic evidence &/or a sample of the damaged or spoiled Product.

If Sage & Seed agrees that a Product was delivered to you in a damaged or spoiled condition, Sage & Seed shall, at your request, credit the value of the relevant Product to you. We will credit you by either crediting your credit card or alternatively crediting your account balance in your online account.

Delivery Areas

Please refer to Sage & Seed's delivery information pages for confirmation of where Sage & Seed delivers to. As part of the Sage & Seed ordering & registration process, you will be immediately & electronically advised if we are able to deliver to your address. Specific delivery locations are accepted based on the suburb & postcode of the delivery address & so it is important that you provide us with your correct address information. If you do not then we may not be able to deliver to you.

If a delivery suburb or postcode is included in the registration area, this does not imply that Sage & Seed will deliver to all addresses within that suburb or postcode.

Delivery & Liability

Deliveries will, subject to these terms & conditions, be made to the Delivery Point on the Delivery Date.

Sage & Seed shall be entitled to commission third parties to make delivery.

If Sage & Seed brings the Subscription or Product inside the Premises, beyond the Delivery Point, at your request, or other person accepting delivery of the Product or Subscription on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, Sage & Seed will, subject to any liability arising at law which cannot be excluded including under the CGA & FTA, not be liable for any direct or indirect damage or loss (including in negligence) suffered by you or any third party in doing so.

Sage & Seed shall be entitled to assume that any person accepting delivery of the Products is either the Customer or someone that is authorised to do so on behalf of the Customer.

Accessibility, safety & deemed delivery

You must ensure that your Delivery Point is easily accessible to Sage & Seed’s delivery person, & that it is safe for our delivery person to enter your premises in order to complete the delivery. If in our delivery person's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to Sage & Seed are not reached, we will be relieved of our obligation to deliver the product but you will be liable for payment for it in full as if you had received the product.

In the situation where it is safe to complete delivery but there is no person present at the Delivery Point at the time of delivery, or you or any other person fails or refuses to take delivery of the Product or Subscription, the Product or Subscription will be left at the Delivery Point & be deemed to have been delivered at that point in time. Once delivered you are responsible for all of the items included in the product. Advance planning may be required by you to ensure proper storage of your seeds or seedlings prior to delivery. In the situation where you, as the customer, have provided written delivery instructions via the “Account Details - Delivery Instructions” section of the Website & or Mobile Application we will endeavour to deliver the product(s) or subscription(s) in accordance with these instructions. Where sensitive information is provided e.g. gate entrance codes, we endeavour to keep this information safe & only disclose it to those who require it for delivery purposes. Please refer to clause 28 “Collection of Information” below.

Change of Address

You must notify Sage & Seed immediately of a change to your delivery address. You can alter the Delivery Point & Premises at any time up to midnight at least 7 days before the week before the day for delivery of a product.

Delays to Delivery

Sage & Seed always aims to deliver on time but may from time to time be delayed & shall not be liable for failure to deliver on a timely basis.

If Sage & Seed considers that the delivery of your order is likely to be substantially delayed, Sage & Seed will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and Sage & Seed will credit you with the cost of that product or products. We will credit you by either crediting your credit card or alternatively crediting your account balance in your online account.

Where the Delivery Date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day. In any such case we will endeavour to notify you at least 36 hours before the relevant Delivery Date

Incorrectly or undelivered Products

If any Product delivered does not correspond with a Product ordered, you can:

  1. keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from you for the order containing the incorrect Product or Subscription; or

  2. reject the incorrectly-delivered Product, in which case: in the case of an incorrectly delivered Product or Subscription, Sage & Seed will refund the value of the Product or Subscription that was originally ordered; &

    • in the case of an incorrectly delivered Product or Subscription, Sage & Seed will at its option either replace that Product or Subscription within a reasonable time or refund the value of the Product or Subscription that was originally ordered.

We will refund you by either crediting your credit card or alternatively crediting your account balance in your online account.

If you choose to reject an incorrectly-delivered product in accordance with sub-clause (b), Sage & Seed reserves the right to collect the incorrectly-delivered Product or Subscription from you. If you are unable, or refuse, to deliver up the Product or Subscription when requested, or deliver the Product or Subscription in a different state (e.g., with some Products missing or partially consumed) than the state in which it was delivered to you, Sage & Seed reserves the right to charge you for that Product or Subscription. Any credit applied to your account will be valid for up to twelve (12) calendar months, is non-transferable & cannot be exchanged or refunded for cash.

Risk Passes on Delivery

Ownership, responsibility & risk in the Product(s) or Subscription(s) shall pass to the Customer on delivery to the Delivery Point.

Warranties limited

You have statutory rights under the CGA & FTA that cannot be excluded or limited in any way, subject to those rights all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law. You acknowledge that you do not rely on any representation or statement made by or on behalf of any member of Sage & Seed other than the express provisions of these terms & conditions. You must ensure that the Product(s) or Subscription(s) are not used for any purpose for which they are not suitable & you are responsible for using all necessary skill & care in handling & using the Product(s) or Subscription(s). You expressly acknowledge & agree that Sage & Seed does not assume any obligation or liability for any advice given, & that all such Product(s) or Subscription(s) are accepted by you entirely at your risk.

Product liability

Under the CGA & FTA Sage & Seed’s liability to you cannot be excluded or limited in any way. Subject to the CGA & FTA the liability of Sage & Seed whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Sage & Seed’s obligations relating to the Products hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

No liability for indirect loss

You have statutory rights under the CGA & FTA to recover compensation for consequential loss arising from a breach of the CGA or FTA, these rights cannot be excluded or limited in any way. Subject to the CGA & FTA Sage & Seed shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, or the delivery or failure to deliver any Products.

All intellectual property owned by Sage & Seed

All right, title & interest in all Intellectual Property in all concepts, systems, written, graphic & other material relating to the Website & its contents is owned by, & shall at all times remain the exclusive property of, Sage & Seed, its licensors & the providers of any other products & services accessible through the Website, & is protected by New Zealand & international law.

Effect of force majeure

If the performance by Sage & Seed of its obligations under these terms & conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Sage & Seed) Sage & Seed shall be excused from such performance to the extent of such prevention.

Right to terminate in certain circumstances

Either party may terminate this agreement immediately on notice to the other if the other:

  1. being a Company:

    • goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or

    • has a receiver or statutory manager appointed; or

    • goes into voluntary administration; or

  2. being a natural person:

    • dies; or

    • commits any act of bankruptcy; or

    • commits any criminal offence punishable by imprisonment; or

    • proposes or enters into any scheme of arrangement or composition with its creditors; or

    • fails to pay an amount due under this agreement within 7 days of the due date; or

    • breaches any other term of this agreement &, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.

Customer rights to terminate

Except in the case of orders which you have paid for (e.g. first time orders), you can terminate this agreement at any time temporarily or indefinitely by notifying us via your online account. The cut off day & time for skipping or removing an order is at 2400 hours (midnight) seven days before the week of the Delivery Date.

Termination does not relieve parties from liability up to termination date

Termination of this agreement does not relieve the parties from liability under this agreement up to the time of termination, nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that we can continue to market our products & services to you after termination unless you advise us that you do not wish to receive any further material from us.

Sage & Seed right to suspend

If orders are not paid for in full or a Customer's bank declines payment on a Customer's bank card & as a result money is owing to Sage & Seed, then Sage & Seed reserves the right to suspend the Customer's ability to place further orders on the Website until such time as the outstanding balance has been paid in full.

No waiver of Sage & Seed rights

Sage & Seed's failure to insist upon or enforce your strict compliance with these terms & conditions will not constitute a waiver of any of our rights.

Links to third party websites

Any links to third party websites are provided for convenience only, & the inclusion of any link does not imply any endorsement or verification by Sage & Seed. Sage & Seed does not monitor the content of any other website & is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than the Website.

Security of information

Sage & Seed shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, Sage & Seed will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

Login

You must keep your Login details safe & confidential at all times.

Site content

While Sage & Seed has endeavoured to ensure that the information provided on the Website is free from error, Sage & Seed does not warrant its accuracy, adequacy or completeness, and Sage & Seed shall not be responsible or liable for any error in, or omission from, the information provided on the Website.

We reserve the right to make changes to the information provided on the Website at any time & without notice.

Use of the site

You agree not to use the Website for any purpose that is unlawful or prohibited by these terms & conditions. You may download the information on the Website for your own personal use but otherwise neither the Website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Sage & Seed's prior written consent. You agree that you will not interfere with any other party's use & enjoyment of the Website, or damage the operation of the Website, or Sage & Seed’s systems or those of other persons who use the Website, whether by way of a virus, corrupted file, any other software or program, or otherwise.

Indemnity

Notwithstanding any other term, you agree to indemnify Sage & Seed against all liabilities, losses, claims & expenses suffered or incurred by you, & all claims & demands made against Sage & Seed, arising directly or indirectly out of your use of the Website, in breach of these terms & conditions.

Buying Gift Vouchers online

  1. Gift vouchers may be purchased online from anywhere in the world, but we can only deliver Products or Subscriptions to addresses within New Zealand that we service (so you need to be certain that your intended recipient is within an area that we service when purchasing a Sage & Seed gift voucher).

  2. We will deliver gift vouchers purchased by you via email to your email address.

  3. You are responsible for ensuring that all information provided in relation to purchase is correct.

Spending Gift Vouchers online

  1. Only Sage & Seed’s gift vouchers can be redeemed on the Website.

  2. Go to the “Gift Voucher” tab on the Website, enter the voucher number & then follow the instructions to complete your purchase(s) or Subscription(s).

Gift Voucher Terms & Conditions

  1. Sage & Seed gift vouchers can only be purchased online via the Website.

  2. Gift vouchers can be partially redeemed. The un-used balance is non-refundable where you are not an ongoing Sage & Seed Customer. If you are an ongoing Sage & Seed Customer, the un-used balance will be credited to your account.

  3. The minimum gift voucher amount is $20 & the maximum gift voucher amount is $1000.

  4. Where you are giving a gift voucher to an existing Sage & Seed Customer, or if the gift voucher recipient chooses to subscribe to Sage & Seed on redemption, the amount of the voucher will be applied as a credit to their account or they can choose to purchase additional Products.

  5. All gift vouchers expire 12 months from date of purchase.

  6. A gift voucher cannot be reloaded, & unused balances at the expiry date will not be refunded.

  7. Sage & Seed is not responsible if a gift voucher is used without permission.

  8. Gift vouchers will not be refunded or replaced.

  9. Gift voucher value cannot be redeemed for cash or credited to a bank account.

  10. All purchases of Products or Subscriptions using a gift voucher will otherwise be subject to these terms & conditions.

Variation of terms & conditions

From time to time we may vary these terms & conditions without notice. Please check these terms & conditions periodically for changes. Your continued use of the Website after the terms & conditions have been changed indicates your acceptance of those changes.

Sage & Seed reserves the right to make improvements to Terms & Conditions.

Sage & Seed Online reserves the right to make improvements or changes to these Terms & Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities & to meet legal or regulatory requirements). If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable & shall not affect the validity & enforceability of any remaining conditions.

How you can give us notice

You can give us notice under these Terms & Conditions via the "My Account" section on the Website.

How we will give you notice

We will give you notice by phoning, emailing &/or texting you.

New Zealand Law governs

New Zealand law governs the use of the Website & these Terms & Conditions.

Definitions

"this Agreement" means the agreement made when we accept an order from you to purchase Products or Subscriptions, the terms of which are set out in your order & these terms & conditions.

"Subscription" means a delivery of seeds, seedlings, plants, soil along with ingredients necessary to help with growing plants, which are able to be ordered via the Website.

"CGA" means the Consumer Guarantees Act 1993.

"Customer", "you" & "your" means you & any other person who registers, &/or orders a Product or Subscription, under your Login.

"Delivery Date" means, subject to these Terms & Conditions, the first of the month, unless on a weekend & then it is the next available Business Day.

"Delivery Point" means an outside area of the Premises, such as your front door, or any particular outside area specified by you in making an order via the Website. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building.

"Extra" means Extra products or subscriptions, combinations of products or services which are from time to time offered by Sage & Seed as complimentary.

"FTA" means the Fair Trading Act 1986.

"GST" means goods & services tax chargeable in accordance with the Goods & Services Tax Act 1985.

"Intellectual Property" means all intellectual property rights of whatsoever nature.

"Login" means your personal email address & password used to access the Website under your registration.

"Sage & Seed" "we" & "our" means Sage & Seed Limited, which is the seller of the Products & Subscriptions & the owner of the Intellectual Property & includes its related companies, directors, officers, employees or agents.

"Ordering Rules" means the rules set out in clause 2 as updated &/or amended from time to time.

"Premises" means the premises at the address specified by you on your registration application, as amended from time to time.

"Products" means the produce, & any other products from time to time, sold via the Website.

"The Website" means this internet site & the Sage & Seed app owned by Sage & Seed being the medium by which you subscribe to receive Product.

"Text Messaging Service" means the text messaging service provided by Sage & Seed which enables Customers to resume delivery of their Product by responding to a text message sent by Sage & Seed within a specified time period.

Refer a friend

  1. "The Promoter" is Sage & Seed Limited, 42 Merrin Street, Christchurch.

  2. "Promotional Period" means from 9am, Wednesday 30th January 2019 until 11.59pm, Sunday 31st March 2019.

  3. "Friend" means an individual that (a) is a friend, acquaintance or family member of the Referrer; & (b) is not currently & has never been a customer of the Promoter nor participated in any other offer or promotion offered by The Promoter. Therefore, the individual must:

    • be a first-time purchaser of Sage & Seed; &

    • never have had any active subscriptions with Sage & Seed.

  4. To be eligible for $40 off, the existing Sage & Seed Customer ("Referrer") must share their Refer-a-friend promotional code in the Promotional Period. Once a Friend signs up & orders a Product(s) or Subscription(s) using the Referrer’s Refer-a-friend promotional code, the Friend will receive $40 off their first Sage & Seed purchase, & the Referrer will have a $40 credit applied to their account.

  5. The Referrer will receive a $40 credit for each Friend that signs up & orders a Product(s) or Subscription(s). The maximum refer-a-friend credit is $40 per delivery, therefore in the event that a Referrer has multiple $40 refer-a-friend credits, those credits will be applied separately against subsequent deliveries.

  6. Refer-a-friend promotional codes may expire prior to a Referrer's Friend's use.

  7. Sending more than one Refer a Friend promotion code to the same household or to the Referrer’s household is not permitted. The Referrer & the Friend will not be eligible for the Promotion if the Referrer & the Friend reside at the same residential address or arrange to have the Sage & Seed product delivered to the same delivery address.

  8. A Friend can use a Refer-a-friend promotional code together with any one other promotional code on their first Sage & Seed purchase so long as they register an account & use the Refer-a-friend promotional code within the Promotional Period. Please note, only one other promotional code may be used in this way, in conjunction with a Refer-a-friend promotional code.

  9. In the event that a Friend uses a Gift Voucher, a promotional code &/or a Refer-a-friend promotional code that results in a total sum that is greater than the value of the Sage & Seed the Friend has selected, their account will go into credit, & the credit will be applied to their next purchase.

  10. The $40 credit will be valid for up to twelve (12) calendar months after the termination or expiry of the Promotion, is non-transferable & cannot be exchanged or refunded for cash.

  11. Subject to any rights of the Referrer or Friend under New Zealand law, The Promoter may cancel, terminate, modify or suspend the Promotion or these Terms & Conditions at any time & for any reason before the end of the Promotional Period & shall not be liable to any entrant, Friend or Referrer for any loss or damage incurred as a result. Any Referrer & Friend that have met the conditions of the Promotion before this termination date shall still be eligible for the Promotion.

  12. The Promoter reserves the right to withhold or deduct credits obtained using Refer-a-friend promotional codes by the Referrer in the event that The Promoter determines or believes that the use or redemption of the Refer-a-friend promotional code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

  13. Refer-a-friend promotional codes must only be circulated to the intended audience (friends & family), & in a lawful manner; & may not be duplicated, sold or transferred in any manner, or made available to the public (whether posted to a public forum or otherwise), unless expressly permitted by The Promoter.

  14. By using the Refer-a-friend promotional code the Referrer & Friend agree that they are wholly subject to these Terms & Conditions.

Promotional Codes

  1. Sage & Seed may provide the public with codes for discounted subscriptions &/or similar promotions (“promotion codes”). In the event that a promotion code does not have its own Terms & Conditions, these Terms & Conditions shall prevail.

  2. Promotion codes will be targeted to limited users. To utilise promotion codes, users must meet the intended user criteria specified by Sage & Seed & then either create or already have an existing account set up on the Sage & Seed website (depending on the promotion code criteria). The promotion code is entered into the user’s subscription details to redeem. The promotion code will be applied against the GST inclusive amount payable for the user’s delivery once an order is made. A customer can only use one promotion code per order.

  3. A promotion code may only be used once & may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval.

  4. Sage & Seed may cancel, terminate, modify or suspend the promotion code or these Terms & Conditions at any time & for any reason & shall not be liable for any loss or damage incurred as a result.

  5. Sage & Seed reserves the right to withhold or deduct credits obtained using a promotion code in the event that Sage & Seed determines or believes that the use or redemption of the promotion code was in error, fraudulent, illegal, or in violation of the applicable promotion code terms or these Terms.

  6. Promotion codes must only be circulated to the intended audience, & in a lawful manner; & may not be duplicated, sold or transferred in any manner, or made available to the public (whether posted to a public forum or otherwise), unless expressly permitted by The Promotor.

  7. By using a promotion code the user agrees that they are wholly subject to these Terms & Conditions.

Sage & Seed Loyalty Plan – The Summer Essentials Club

Sage & Seed Loyalty Plan – The Summer Essentials Club ("Promotion") Terms & Conditions

THE PROMOTION 1.1 The promoter is Sage & Seed Limited, 42 Merrin Street, Christchurch ("Promoter" or "MFB"). 1.2 The Promotion commences at 12.00am NZST on 6th January 2019 & ends at 11.59pm NZST on 1st April 2019 (the "Promotion Period"). 1.3 To be eligible for the Promotion, eligible entrants must: (a) be a customer of the Promotor; (b) opt into the Promotion in accordance with the instructions below; & (c) receive four &/or eight Qualifying Deliveries within the Promotion Period. 1.4 "Qualifying Deliveries" will include any Sage & Seed or Bargain Box delivery within the Promotion Period (for the avoidance of doubt, Fresh Start deliveries are not included in this programme). Any additional products or boxes incorporated into one delivery will be counted as one Qualifying Delivery. Qualifying Deliveries are tracked by the entrant's email address. If an entrant receives a number of deliveries relating to multiple email addresses, only the deliveries from the entrant's participating email address that opted into the Promotion will be classified as a Qualifying Delivery. 1.5 Qualifying Deliveries only apply towards the Promotion during the Promotion Period & once the entrant has selected the Gifts & has been accepted as part of the Promotion. For the avoidance of doubt, if an entrant joints the Promotion in February, any previous deliveries prior to that date in the Promotion Period will not count as Qualifying Deliveries. 1.6 The Promotion is only open to people who have been invited by the Promoter to take part in the Promotion. Invitations to enter the Promotion are not transferrable. Entrants under 18 years old must have a parent's/guardian's permission to enter the Promotion. The Promoter may require the parent or guardian to sign these Terms & Conditions as a condition of entry. HOW TO ENTER & RECEIVE THE SUMMER ESSENTIALS GIFT 2.1 To enter the Promotion, entrants must: (a) click on the link in the Promotion invitation email sent from the Promoter to the entrant; (b) log into their account; (c) select the four week Gift & the eight week Gift that the entrant would like to receive; & (d) click submit to enter their entry into the Promotion. 2.2 Eligible entrants will have three business days from the date of receiving the invitation to enter the Promotion. After this time, the entrant may at the Promoter's discretion be considered ineligible for the Promotion. 2.3 At the time of entry, the entrant will be asked to select which gift that they would like to receive after both the fourth & eighth Qualifying Delivery. Once selected, these cannot be changed by the entrant. The gifts will consist of: (a) after four Qualifying Deliveries within the Promotional Period; (i) Pack of 3 Limited Edition Nadia & Russell sauces; or (ii) Pack of 3 Limited Edition Nadia & Russell food rubs; (b) after eight Qualifying Deliveries within the Promotional Period: (i) Butterfly chicken meal with dessert; or (ii) Lamb meal with dessert; (the "Gifts"). 2.4 Once the entrant has opted in to the Promotion & has received four or eight (as applicable) Qualifying Deliveries within the Promotion Period, the Promotor will aim to deliver the selected Gift with the entrant's 4th or 8th delivery of a Sage & Seed or Bargain Box. If, for any reason, the Gift cannot be delivered with the 4th or 8th delivery, the Gift will be included in the next delivery for by the Promotor to the entrant. 2.5 All Gifts are non-transferable & cannot be exchanged or refunded for cash. GENERAL TERMS & CONDITIONS 3.1 Instructions on how to enter the Promotion form part of these Terms & Conditions. Participation in this Promotion is deemed acceptance of these Terms & Conditions. 3.2 The Promotion is strictly limited to a set number of entries. Once the set number of entrants have entered the Promotion, no new entries will be accepted by the Promoter. Entries will be processed in the order in which they are received by the Promoter. 3.3 The Promoter reserves the right, at any time, to verify the validity of entries & entrants (including an entrant's identity, age & place of residence) & to disqualify any entrant who submits an entry that is not in accordance with these Terms & Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 3.4 In the event of any disputes in relation to entries online & identification of the person making the redemption by email, the Promoter reserves the right to award the Gift to the email account holder. 3.5 The Promoter’s decision is final & no correspondence will be entered into. 3.6 The Promoter will use its best endeavours to provide the Gift listed. If any of the Gifts are unavailable for whatever reason, the Promoter reserves the right to substitute that Gift for the alternative Gift for the relevant week or another item of an equivalent or greater value. 3.7 Any cost associated with accessing the promotional website is the entrant’s responsibility & is dependent on the Internet Service Provider used. 3.8 The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically entry repeatedly is prohibited & will render all entries submitted by that entrant invalid. 3.9 The Promoter assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication including any email communication sent to (or by) the Promoter to any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; (ii) any theft, destruction or unauthorized access to, or alteration of such communications; & (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion. 3.10 Except for any liability that cannot be excluded by law, the Promoter (including its officers, representatives, employees & agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim, original purchase or relevant Gift that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in the relevant Gift value to that stated in these Terms & Conditions; (e) any tax liability incurred by an entrant; or (f) use of the relevant Gift. 3.11 Nothing in these Terms & Conditions is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. These Terms & Conditions must be read subject to those statutory provisions & will not affect any statutory rights that an entrant may have in relation to the return of a MFB product or the Gift. 3.12 The Promoter, in its sole discretion, reserves the right to cancel, suspend, terminate or modify the Promotion or any part of the Promotion if fraud, technical failures or any other factor beyond the Promoter's reasonable control adversely affects the Promoter's ability to conduct the Promotion or part of the Promotion as contemplated in these Terms & Conditions, subject to any written directions from any regulatory authority. Any cancellation or modification to the promotion will be notified on the Promoter’s website: www.sageandseed.co.nz.