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Privacy Policy

Privacy Policy

Your right to privacy is very important. We recognise that when you choose to provide us with information about yourself, you trust us to act responsibly. We believe this information should only be used to help us provide you with better service. That's why we have put the following policy in place to protect your personal information:

What personal information do we collect?
When you make a purchase in our online store or subscribe to our newsletters, you may choose to give us basic information about yourself. This enables us to process your transactions more efficiently and provide a higher level of customer service.

When you visit our website, we may collect more information: your Internet service provider’s address, the name of the web page directing you, as well as your clicks and activity on our site. This tracking data helps us understand how to make our website more available and user friendly to our customers.

Storing your information
We take all reasonable steps to ensure that information held is accurate, up-to-date, complete, relevant, not misleading and is used only for the purposes stated in this policy. We will ensure that security safeguards protect the information and we will take all reasonable steps to ensure that information will not be disclosed to any unauthorized person or organisation.

We will not disclose any personal information about you to other companies or individuals that are not entitled to obtain this information. We do not share your details with third party companies, with the exception of delivery companies and our web service providers. Such companies and individuals will have access to specific personal information required to make deliveries or carry out specific tasks, but may not use your details for any other purposes.

Up The Garden Path takes security seriously and has taken steps to ensure your personal information is secure.

We use SSL technology, which encrypts (scrambles) your information whenever we are receiving or transferring your details on our site. When making an online purchase a small padlock symbol will appear on your screen. This indicates that the SSL security system is operating throughout your transaction. This encrypting ensures that your details can not be read by, or altered by outside influences.

Updating your information
You are entitled to obtain from us confirmation as to whether or not hold personal information about you. You may also request a copy of this information and / or request that corrections or changes be made to it. You can make changes to your personal information by using the "Contact Us" page on our website, or by calling us during business hours on 03 315 7915.

Removing your name from our mailing list
It is necessary for you to register your details with us in order to access certain services such as making online purchases. However you have the right to choose not to receive emails or mailers from us that are not related to your orders or enquiries.

When you register your email address with us we may give you the option of receiving email announcements about products, offers and promotions from Up The Garden Path. We do not send unsolicited emails and we do not disclose your email address to third parties.

Every promotional email message we send includes an email address to which you can respond. If at any time you decide you do not want to receive our emails, simply click the unsubscribe link at the bottom of the newsletter. You can also let us know that you wish to be removed from our mailing list by using the "Contact Us" page on our website, or by calling us during business hours on 03 315 7915.

This will remove your email address from our mailing list. If you unsubscribe you will still receive emails specifically related to your online orders.

Our website uses a technology called cookies that may be used to provide you with specific information. A cookie is a small element of data that our website may send to your computer. Any such cookie is typically stored on your computer's hard drive and permits our website to recognise you when you return. Our use of cookies helps us to provide you with a better experience during your use of our website by allowing us to understand what areas of the site are of interest to you. These cookies do not track your individual information.

Links to sites and services
We will take appropriate steps to protect your privacy in relation to your use of our website. We may provide links to third party sites. Since we do not control such linked sites, we encourage you to review the privacy policies of these third party sites.

Policy Changes and Feedback
If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on this Site. Once posted, the new policy will go into effect immediately, replacing any previously stated policy. We welcome your feedback to help us improve our privacy policy and practice. Please give us your feedback using the "Contact Us" page on our website or email us.

Terms of Use of this Website

Notice: Acceptance of Terms of Use
Use of this website is subject to the Terms of Use as set out in this notice and which constitute a legal agreement between you and Up The Garden Path or its affiliates(s). By using this website, you acknowledge that you have read, understood and agree to be bound by the Terms of Use. Please review the Terms of Use prior to viewing this site. If you do not agree with the terms thereof, please do not use this website.

The contents of this website are copyright © property of Up The Garden Path or its suppliers. You may view this site and electronically copy or print hard copies of parts of it for your personal, non-commercial use only. You may not distribute, reproduce, display, publish or otherwise commercialise any part of this website without our written permission.

This site contains registered and other trademarks belonging to Up The Garden Path or its suppliers. Except with our prior written approval, Up The Garden Path does not authorise the grant of any license or right to use those trademarks. Up The Garden Path prohibits use of any Up The Garden Path logo and trademark as a 'hot' link to any non-Up The Garden Path site unless the establishment of such link is approved in advance by Up The Garden Path in writing.

Linked Sites and Advertising
Our website may include links to third party sites. These links are provided as a convenience and their inclusion does not imply Up The Garden Path' endorsement of the site or any association with their operators. Up The Garden Path is not responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. Similarly, any dealings you may have with any advertiser appearing on our website are solely between you and the advertiser or other third party. Up The Garden Path is not responsible or liable for any part of any such dealings or promotions.

Up The Garden Path reserves the right to prohibit links to its website and you agree to remove or cease any link upon our request. You may not frame any part of the website material by including advertising or other revenue generating material.

The materials contained on this website are provided "as is" without warranties of any kind, either express or implied. This website is a general information service only. Use of the website material is at your own risk. Up The Garden Path is not responsible for any adverse consequences arising out of the use of information contained on the website. You should assess whether the material provided is appropriate in light of your own objectives, situation and needs. Up The Garden Path does not give any warranty of accuracy or reliability of information contained on the website to you or any other person.

Limitation of liability
While reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither Up The Garden Path nor its contractors or employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage caused (whether direct, indirect, consequential, special, or loss of profits) out of the use of, or the inability to use, the materials on this site. This limitation of liability applies even if Up The Garden Path or a Up The Garden Path representative has been advised of the possibility of such damages.

Terms of Use Revisions
Up The Garden Path may at any time revise these terms of use by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.

Supply of Goods and ServicesTerms of supply
We will endeavour to supply you with the goods or services ordered using this website or our mail / phone order services, but Up The Garden Path will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order. Supply of goods and services to you is made on these Terms only (as we may amend them from time to time). The only circumstance where any variation to these Terms will apply is where Up The Garden Path has expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these Terms will take priority over any other terms of trade.

Product information, images and colours
Product information given on the Up The Garden Path website or in our catalogues and promotional materials is for your guidance but does not afford a guarantee of use. Common sense and discretion are advised in the proper and safe use of all products purchased from us.

Each product purchased is sold subject to its Product Description. Up The Garden Path takes reasonable care to ensure that all details, descriptions and prices of products appearing on our website or in our catalogues and promotional materials are correct. Although we aim to keep these details as up to date as possible, the information, including Product Descriptions, appearing on this website or in a Up The Garden Path catalogue or promotional publication at a particular time may not always reflect the position at the exact moment you place an order.

We cannot guarantee that your monitor’s display of any colour will be accurate. We will endeavour to deliver the corresponding products but do not warrant that the products we deliver to you will be identical to those displayed in the photograph or on your monitor. This also applies to the reproduction of colours and images published in Up The Garden Path catalogues or other promotional materials. Styled images or photographs are used in some cases, in order to help demonstrate how a product may be used or displayed. These extra styling products may or may not be able to be purchased separately from Up The Garden Path.

The prices displayed on our website are those current at the time we accept your order. Prices displayed in Up The Garden Path catalogues or promotional materials are those current at the time of publication. In all cases, the prices displayed are quoted in NZ dollars and are valid and effective only in New Zealand. Up The Garden Path reserves the right to alter or correct prices without notice if necessary. If this occurs after you have placed an order we will contact you prior to processing your order to ascertain whether you still wish to purchase the affected products.

Prices for goods and services on this website are usually displayed inclusive of goods and services tax ("GST").

Risk and Ownership
Risk in products purchased from us will pass to you on delivery, but legal and beneficial ownership will remain with Up The Garden Path until all sums owed to us, in respect of those products and all other products and services supplied by us, are paid in full. While property in the products remains with us, we have the irrevocable right to enter your premises where the goods are located and take possession of and remove the goods. Until ownership passes, you hold the products as bailee for Up The Garden Path.

Warranties and Limitation of Liability
Up The Garden Path will pass on to you the benefit of any warranties given by the manufacturers or suppliers of the products we sell. However, we expressly exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise.

Our liability for any claim, damages, loss or expense related to the supply by us of goods or services is limited to the cost paid by you for the goods or services except where statute expressly requires otherwise. To the fullest extent permitted by law we will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.

Other Important NoticesChanges to Terms and Conditions
We reserve the right to change these Terms at any time by notifying users of the existence of revised terms and conditions through the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.

If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.

If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

Governing Law
These Terms are governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.