Terms of Use
Welcome to the website of Zyrallexchrel. These Terms of Use ("Terms") constitute a legally binding agreement between you and Zyrallexchrel ("we", "us", "our") governing your access to and use of our website at zyrallexchrel.world ("the website") and your interaction with our garden lighting and drip watering products and services in New Zealand. By accessing, browsing, or using the website in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or engage with our products or services.
Acceptance of Terms
By accessing or using the website, you confirm that you are at least 18 years of age or have the consent of a parent or guardian, that you have the legal capacity to enter into a binding agreement, and that you accept these Terms in their entirety. If you are using the website on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms. These Terms apply in addition to any other terms and conditions that may apply to specific products or services, such as our Return Policy, Privacy Policy, or any order confirmation or contract we provide.
Use of the Website
This website is provided for information and communication purposes relating to our garden lighting and drip irrigation products and services in New Zealand. You may use the website only for lawful purposes and in full compliance with these Terms and all applicable laws and regulations. You agree that you will not: (1) use the website in any way that could damage, disable, overburden, or impair the site or any server or network connected to it; (2) attempt to gain unauthorised access to any part of the website, our systems, databases, or the accounts or data of other users; (3) use any automated means, including robots, spiders, or scrapers, to access or collect data from the website without our prior written consent; (4) interfere with or disrupt the integrity or performance of the website or any data contained thereon; (5) transmit any viruses, malware, or other harmful code; (6) use the website to distribute unsolicited or unauthorised advertising, spam, or promotional materials; or (7) impersonate any person or entity or misrepresent your affiliation with any person or entity. We reserve the right to suspend or terminate your access to the website at any time if we reasonably believe you have breached these Terms.
Products and Services
Zyrallexchrel offers garden lighting and drip watering solutions, including but not limited to LED pathway lights, spotlights, uplights, drip irrigation kits, drip line, emitters, timers, transformers, connectors, and related accessories. Product descriptions, images, specifications, and prices displayed on the website are for general information purposes and are subject to change without notice. We strive to ensure accuracy but do not warrant that product descriptions, images, or other content on the website are complete, accurate, reliable, current, or free of errors. We do not guarantee that any product or service described on the website is available at all times or in all quantities. Orders and enquiries are subject to availability and our acceptance. The formation of a contract for the sale of goods will be governed by our acceptance of your order and any separate terms set out in our order confirmation, Return Policy, or other written agreement.
Information and Advice
All content on this website about garden lighting, drip systems, installation, maintenance, watering schedules, and related topics is provided for general informational purposes only. It is not intended as professional advice tailored to your specific garden, soil conditions, climate, or project requirements. We encourage you to contact us directly for personalised advice on your lighting or drip watering needs. We do not warrant that the information on the website is complete, accurate, current, or suitable for your particular circumstances. Any reliance you place on such information is at your own risk. We are not liable for any decisions you make based on information obtained from the website.
Intellectual Property
All content on this website, including but not limited to text, graphics, logos, images, photographs, illustrations, audio, video, software, design, layout, and the compilation and arrangement thereof, is the property of Zyrallexchrel or its licensors and is protected by copyright, trademark, and other intellectual property laws of New Zealand and international jurisdictions. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any part of the website without our prior written consent, except that you may print or download one copy of a reasonable number of pages for your personal, non-commercial use, and you may share links to our pages via social media or other lawful means. Any use of our trademarks, trade names, or logos without our prior written consent is strictly prohibited.
User Submissions
When you submit enquiries, messages, feedback, or other content through our contact form, email, or any other means, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, store, process, reproduce, modify, and disclose that information for the purpose of responding to you, providing our garden lighting and drip watering products and services, improving our business, and as otherwise described in our Privacy Policy. You represent and warrant that any content you submit is accurate, does not infringe the intellectual property or other rights of any third party, and does not contain any false, misleading, defamatory, obscene, or unlawful material. We reserve the right to remove, refuse to process, or decline to respond to any submission that we consider inappropriate, offensive, or in breach of these Terms, without notice or liability.
Account and Registration
Certain areas or features of the website may require you to register or create an account. If you choose to register, you agree to provide accurate, current, and complete information and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account. We reserve the right to suspend or terminate accounts that we reasonably believe have been used in breach of these Terms.
Pricing and Payment
All prices displayed on the website are in New Zealand dollars (NZD) and, unless otherwise stated, exclude GST and delivery costs. We reserve the right to correct any pricing errors and to modify prices at any time without prior notice. Payment terms will be as agreed at the time of order. We accept various payment methods as indicated on our website or in our order confirmation. You are responsible for any taxes or duties applicable to your purchase. In the event of non-payment or late payment, we may suspend or cancel your order and take such other action as we deem appropriate.
Delivery and Fulfilment
Delivery terms, timeframes, and costs will be as set out in our order confirmation or as agreed with you at the time of order. We will use reasonable efforts to deliver garden lighting and drip irrigation products within the stated timeframe, but we do not guarantee delivery by any specific date. Risk of loss and title to goods pass to you upon delivery. You are responsible for inspecting goods upon delivery and notifying us of any visible damage or shortage within a reasonable time. We are not liable for delays or failures in delivery caused by circumstances beyond our reasonable control, including but not limited to adverse weather, transport disruption, or supplier issues.
Limitation of Liability
To the fullest extent permitted by applicable law, Zyrallexchrel shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, arising from or in connection with your use of the website or any transaction or communication relating to our garden lighting or drip watering products and services, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim or series of related claims arising out of or in connection with the website or these Terms shall not exceed the greater of (a) the amount you have paid to us in the twelve months preceding the claim, or (b) one hundred New Zealand dollars. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or where it would be unlawful to do so under New Zealand law. The Consumer Guarantees Act 1993 and other mandatory consumer protection legislation may confer rights and remedies on you that cannot be excluded, restricted, or modified by agreement.
Indemnification
You agree to indemnify, defend, and hold harmless Zyrallexchrel, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with (1) your use of the website, (2) your breach of these Terms, (3) your violation of any law or the rights of a third party, or (4) any content you submit to us. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense.
Third-Party Links
The website may contain links to third-party websites, such as mapping services, suppliers, or social media platforms. These links are provided for your convenience only. We have no control over and are not responsible for the content, privacy practices, availability, or accuracy of third-party sites. The inclusion of any link does not imply our endorsement, sponsorship, or affiliation with the linked site. You access third-party sites at your own risk and subject to the terms and conditions of those sites. We encourage you to review the privacy policies and terms of use of any third-party sites you visit.
Disclaimer of Warranties
The website and all content, products, and services provided through it are offered on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Your use of the website is at your sole risk.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us. No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach.
Entire Agreement
These Terms, together with our Privacy Policy, Cookies Policy, Return Policy, and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Zyrallexchrel regarding the website and our garden lighting and drip watering products and services, and supersede all prior agreements, understandings, and communications, whether written or oral.
Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the website shall be subject to the exclusive jurisdiction of the courts of New Zealand, and you irrevocably submit to the jurisdiction of such courts.
Changes
We may revise these Terms of Use at any time by updating this page. The revised Terms will be effective upon posting, unless we specify otherwise. Your continued use of the website after any changes constitutes your acceptance of the revised Terms. We recommend that you review this page periodically to stay informed of any updates. If you do not agree to the revised Terms, you must stop using the website.
Contact
For questions about these Terms of Use or our garden lighting and drip watering products and services, please contact Zyrallexchrel at 764 South Titirangi Road, Titirangi, Auckland 0604, New Zealand, or through the contact details provided on our website.