Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the ClearPond NZ website located at www.clearpond.co.nz, and all associated sites linked to www.clearpond.co.nz by ClearPond NZ, its subsidiaries and affiliates, including ClearPond NZ sites around the world (collectively, the “Site”). The Site is the property of Brustics Brushwood Fences Ltd.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

ClearPond NZ reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ClearPond NZ grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Prices

Although we endeavour to keep a stable pricing policy, we cannot control our supplier’s price adjustments or fluctuating exchange rates. Therefore prices are subject to change without notification and are not confirmed until we confirm your order and final invoice.

Disclaimer

While every care has been taken in the production of this website and its content, Clearpond takes no responsibility for any errors or omissions which may have occurred.

Delivery

A freight and handling charge may be charged on the invoice if selecting to use Clearpond’s nominated carrier. The freight and handling charge may be charged without notice. Our website will estimate a cost to the purchaser; however, we reserve the right to vary the freight and handling charge or cancel the order at our sole judgment.

Please ensure the purchaser or representative checks carefully before signing for your goods upon delivery. Once you have signed for the goods, no future claim can be made for damage in transit or short delivery.

Purchases; Return of Goods / Requests for Credit

No claim will be recognised unless made within 3 working days of receipt of goods.

All returns and credits require approval from Clearpond NZ prior to the return of goods.

Restocking fees are as follows:

  • 4 – 7 days from invoice – applicable freight costs apply.
  • 8 plus days 15% plus applicable freight costs.
  • 90 days or more -We will not accept any stock returns after 90 days.
  • Pre-formed ponds, liner, underlay, hose and water treatments cannot be returned.
  • A non-refundable deposit may apply to special import order items.
  • Goods Returned must be freight pre-paid.
  • Goods returned must be in a new and re-saleable condition, this includes no price tickets.
  • Clearpond shall remain the legal and beneficial owner of all goods supplied and the ownership of goods supplied shall not pass to the buyer, until payment in full (including GST) has been received by Clearpond.
  • All costs of recovery of unpaid accounts shall be borne by the buyer. Risk in the goods of whatever nature shall pass to the buyer or their agent upon taking possession of such goods.
  • Clearpond shall be entitled, upon default, to enter the customer’s property to recover the stock in question.

Warranty

In order to make a warranty claim, proof of purchase is required by law. A completed warranty form is also required. “Return to base” – all products under warranty claim are to be returned freight paid to Clearpond. Liability is limited to the repair or replacement of products only. Clearpond reserves the right at its sole judgement, to repair or replace under warranty.

The following will void the warranty;

  • Any electrical item that has been modified in any way. This includes cutting of electrical cables which voids warranty.
  • Impellers, diaphragms, seals, bulbs and flapper valves are consumable parts and therefore cannot be claimed under warranty unless agreed at the sole decision of Clearpond.

Purchases; Ownership

  • Clearpond shall remain the legal and beneficial owner of all goods supplied and the ownership of goods supplied shall not pass to the buyer, until payment in full (including GST) has been received by Clearpond.
  • All costs of recovery of unpaid accounts shall be borne by the buyer. Risk in the goods of whatever nature shall pass to the buyer or their agent upon taking possession of such goods.
  • Clearpond shall be entitled, upon default, to enter the customer’s property to recover the stock in question

Cancellations

Once orders have left the warehouse via our freight provider, they cannot be cancelled. Orders to be picked up from our showroom cannot be cancelled after 48 hours after the order date, except if the product ordered is out of stock.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

ClearPond NZ’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

ClearPond NZ may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and ClearPond NZ makes no commitment to update the materials on the Site with respect to such products and services.

Links to Other Sites and to the ClearPond NZ Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ClearPond NZ’s control, and ClearPond NZ is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Privacy Policy

This privacy policy (“policy”) will help you understand how Brustics Brushwood Fences Limited, trading as Clearpond New Zealand (“Clearpond”, “us”, “we”, “our”) uses and protects the data you provide to us when you visit and use www.clearpond.co.nz (“website”, “service”).

We reserve the right to change this policy at any given time, of which this page will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.

What User Data We Collect

When you visit the website, we may collect the following data:

  • Your IP address.
  • Your contact information and email address.
  • Other information such as product preferences.
  • Data profile regarding your online behaviour on our website.
Why We Collect Your Data

We are collecting your data for several reasons:

  • To better understand your needs.
  • To improve our services and products.
  • To send you promotional emails containing the information we think you will find interesting.
  • To contact you to fill out surveys and participate in other types of market research.
  • To customise our website according to your online behaviour and personal preferences.
Safeguarding and Securing the Data

Clearpond is committed to securing your data and keeping it confidential. Clearpond has done all in its power to prevent data theft, unauthorised access, and disclosure by implementing the latest technologies and software, which help us safeguard all the information we collect online. This includes Secure Sockets Layer protection (website certificates) and database encryption of your online login and password. We also do not store credit cards online and use a PCI DSS compliant aggregator (Windcave) to process credit cards.

Our Cookie Policy

Once you agree to allow our website to use cookies, you also agree to use the data it collects regarding your online behaviour (analyse web traffic, web pages you spend the most time on, and websites you visit).

The data we collect by using cookies is used to customise our website to your needs. After we use the data for statistical analysis, the data is completely removed from our systems.

Please note that cookies don’t allow us to gain control of your computer in any way. They are strictly used to monitor which pages you find useful and which you do not so that we can provide a better experience for you.

If you want to disable cookies, you can do it by accessing the settings of your internet browser.

Links to Other Websites

Our website contains links that lead to other websites. If you click on these links Clearpond is not held responsible for your data and privacy protection. Visiting those websites is not governed by this privacy policy agreement. Make sure to read the privacy policy documentation of the website you go to from our website.

Restricting the Collection of your Personal Data

At some point, you might wish to restrict the use and collection of your personal data.

If you have already agreed to share your information with us, feel free to contact us via email and we will be more than happy to change this for you. Clearpond will not lease, sell or distribute your personal information to any third parties unless we have your permission. We might do so if the law forces us. Your personal information will be used when we need to send you promotional materials if you agree to this privacy policy.