Terms and Conditions
1. Who is Hoya Obsession?
This website is operated by Trade Development International Ltd., trading as Hoya Obsession NZ, (hereafter referred to as ‘The Seller’, ‘we’ or ‘us’. Hoya Obsession is a New Zealand owned company, operated by Ces Bartz, a passionate grower and hoya conservator. Hoya Obsession is a permitted importer of Hoya and Hoya seed.
2. What are my obligations as a Purchaser?
By visiting our site and/or purchasing something from us, you become the ‘Purchaser’ and you agree to be bound by the ‘Terms and Conditions’, set by the Seller.
3. What are the Terms and Conditions?
Please read these Terms of Service carefully before accessing or using our website.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions.
We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website, without advertisement. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
3.1 On-Line Trading Terms
a. You agree that you are at least 18 years of age.
b. You may not use our products for any illegal or unauthorized purpose nor may you, nor as a Purchaser will you violate any New Zealand laws, including breach of copyright.
c. You must not transmit any worms or viruses or any electronic code of a destructive nature.
d. We reserve the right to refuse service to anyone for any reason at any time.
e. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, or the Terms and Conditions of Hoya Obsession, the service, or any part of the website and its contents, without our express written permission.
f. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions in relation to purchasing. Any reliance on the material on this site is at your own risk.
g. Prices for our products are subject to change without notice.
h. Products may have limited quantities available and we hold no liability for orders that cannot be filled.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store.
j. Plants sold are not exactly as per those shown but will be a close likeness. We will not supply in advance to you, photos of the exact plant you will be sent.
k. We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
l. You agree to indemnify, defend and hold harmless Hoya Obsession NZ harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
m. In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
4. What if I change my mind?
If you change your mind on your purchase, you must notify us no later than the Sunday of, or after the order is placed, and prior to shipping. If the order has already been shipped the Purchaser is fully liable and the sale is considered complete. Where an order can be stopped prior to shipment, a refund will not be provided but a shop credit will be supplied.
5. What payment options are available?
Payment is normally by banking into our account. Credit card payments are not generally accepted.
Payment must be made in full prior to the shipment/handover of any purchase. Lay-buys (pay by installment) are not accepted.
6. What if I want an item that is not in stock?
At times our stocks may be depleted, or we may have upcoming new stocks. You are able to contact us by email and ask to go on backorder or a waiting list. You may be asked to pay a deposit in good faith.
7. What if I want an item that is not listed on the website?
Contact us and we will see if we are able to source this for you. You will need to understand that in relation to plants, we are limited by the plant stocks available in NZ and by the constraints of the Ministry of Primary Industries Plant Biosecurity Index.
8. What happens if my purchase is lost in transit?
If tracking is completed and shows products as delivered, we will make inquiries. As a purchaser, you have the responsibility to ensure that your delivery address is secured, and we hold no responsibility for any theft at or after the point of delivery. Where the shipping Company can validate that the purchase was delivered, there is no guarantee of replacement.
9. What happens if my purchase arrives damaged?
If your product arrives damaged, you must notify us immediately and provide photos of the damage and the packaging. You may also be asked to return the damaged item at our cost.
Any credit or replacement will be considered based on this evidence being provided and in line with shipping agent insurance requirements.
10. I live outside of New Zealand, how will this affect my purchase?
Unfortunately due to import/export requirements we are unable to send any living material or hazardous substances (fertilizers) outside of New Zealand. Other items can be shipped, but appropriate freight and taxes will be invoiced.
11. How is my order shipped?
We dispatch our orders EVERY MONDAY. Within the North Island, your order should arrive within 2 days and within 3 days in the South Island. These times can be affected by shipping agent demands at peak parcel traffic times, or if there are other issues such as impassable roads or ferry cancellations. Your plants are packed to preserve their integrity from damage and delayed delivery.
If you are not at home during the day, we ask you to advise us of any specific delivery details such as ‘leave around back’. If your normal delivery spot is in bright sun, we encourage you to make the comment ‘leave in the shade’.
Tracking numbers will be emailed to you as soon as possible. If your order is delayed or lost, please contact us as soon as possible.
12. Do you post to rural locations?
Yes! We post to most places in New Zealand, where it is possible, with an extra cost of $2.00 for rural shipments in both islands.
13. Do you post to PO Boxes?
No, at the moment we cannot post to PO boxes. Our shipments are done through Past the Parcel with a tracking number which will be emailed to you.
14. Can I collect my purchases?
Personal collection of shipments or delivery of shipments may be considered on a personal approach to us, and on a case by case basis. Please note that as we have an import license, there is restricted access to our Shop.
13. I ordered more than 1 plant, can I combine my order in one shipment?
Yes! We have multiple options in terms of shipment rates. We can combine shipment orders for 3 - 4 plants for $20 North Island and $22 South Island (and an additional $2 for rural areas). For orders with 5 or more plants. Please contact us via email to arrange more shipment options.
14. What guarantees are provided if my plant gets sick or dies?
We claim full indemnity from loss or damage, however, in good faith, any claim will be considered on a case by case basis.
15. Where are the plants sold by Hoya Obsession sourced from?
The plants sold are sourced either by direct import, or by the import of seeds, or are propagated from New Zealand plants owned by Hoya Obsession or sourced from other NZ growers/collectors.
16. Are the plants sold by Hoya Obsession legally compliant with Ministry of Primary Industry rules?
All plants sold by Hoya Obsession are either on the Ministry of Primary Industries Plant Biosecurity Index, or they have had their provenance (lineage) traced within New Zealand.
We will only sell plants that are legally allowed to be sold.
17. How are my personal and contact details stored and used?
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address.
We commit to keeping your information secure and it is not provided to any third parties for the use of inducement or advertising.
If our electronic data is hacked or compromised in any way, we will take all practical measures to ensure that the effect of the breach is assessed and where purchaser information has been compromised, we will make all efforts possible to advise the purchaser of this. We will fully comply with the NZ Privacy Act 2020 and will report any serious harm to the NZ Privacy Commission as required by this Act.
18. If I offer feedback, suggestions, or complaints, how will these submissions be managed?
We welcome feedback as both recognition of our successful trades and as an opportunity to improve when things go wrong. In providing feedback you give us permission to use the feedback in any marketing or testimonial way we see fit. In using this information, we will only use first names and will remove any contact details.
We reserve the right to pursue suggestions without offering any credit to their source.
19. What liability does the Seller have for a recall or product destruction order issued by the Ministry of Primary Industries?
In the unfortunate event that an order comes to destroy an import shipment, the Purchaser will be advised of the destruction and any amounts of money pre-paid will be refunded.
If the plant is already in the hands of the Purchaser, such liability does not exist unless it can be proven that the plants affected/ordered destroyed came directly from Hoya Obsession. This means that Hoya Obsession holds no financial liability for any plant that is on-sold or for any plant that is propagated from the original plant sold by us.
20. What should I do when I receive plants purchased from the Seller?
Our plants are sent to you in the best condition possible, but it should be noted that many are grown outside and as such can be affected by airborne insects and spores. We strongly recommend that when you receive your purchased plants, you isolate them from your other plants for a period of 14 to 28 days, or until pest and disease-free confidence can be ascertained.
21. Is my shipment insured?
The Seller provides a promise of insurance as per that offered by the shipping agent, but no further insurance outside of this. If you are concerned, we recommend you arrange your own insurance.