TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS INTERNET SITE
1. GENERAL
1.1 Definitions
1.1.1 “Customer” refers to any user of this website whether for information or to purchase from the seller and includes all other persons who use the website for information or to purchase from Nourish under your Sign In.
1.1.2 “GST” means goods and services tax.
1.1.3 “Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or register-able by any means, and the right to file an application for registration thereof.
1.1.4 “Sign In” means use of a Customers’ personal password and accessing Nourish Online Shopping under that Customer’s registration.
1.1.5 “Products” means all the products for sale in Nourish Online Shopping.
1.1.6 “Information” means all information available on the website or in Nourish literature or advertising.
1.1.7 “Nourish” means Nourish Limited, who is the seller of the products on sale in Nourish Online Shopping.
1.1.8 “Nourish Online Shopping” means the Internet sites owned by Nourish and the medium by which Products are offered for sale by Nourish to the Customer.
1.2 Formation of Contract
All Information supplied by Nourish and all the Products sold by Nourish are subject to the following terms and conditions. These terms and conditions apply to every contract of sale unless expressly waived by Nourish.
Use of the internet site by the Customer whether for information or to purchase from Nourish constitutes acceptance of the terms and conditions detailed below.
1.3 Terms and Conditions to prevail
These terms and conditions constitute the entire agreement between the Customer and Nourish and it is expressly agreed that there are no other understandings, representations or warranties of any kind (expressed or implied) forming part of this contract.
1.4 Nourish discretion to accept registration
Nourish has the absolute discretion to refuse the registration of a potential Customer for any reason whatsoever.
1.5 Termination of Registration
Nourish has the absolute discretion to terminate the registration of a Customer for any reason whatsoever.
1.6 Customer liable for every order
The Customer will be liable for every order made under its Sign In and agrees to indemnify Nourish for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customers Sign In.
1.7 Security of Information
Nourish shall use its reasonable endeavours to prevent any unauthorised entry into the Nourish Online Shopping Internet site.
2. PRICE
2.1 No registration costs
The Customer shall not be liable for any registration costs to register with Nourish Online Shopping. The Customer will be responsible for its own ISP charge.
2.2 Currency
The prices of products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Delivery Fee
Nourish may charge the Customer a delivery fee. This fee covers the costs associated with the delivery of the order. The fee shall be identified and included in the total price at the point of checkout. Nourish is entitled to change this fee at any time.
2.5 Variation of order and price
If the Customer requests a variation to the order which Nourish accepts then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.
2.6 Nourish may vary prices
Nourish may vary the prices of the Products in store at any time without notice.
3. PRODUCT RANGE AND AVAILABILITY
3.1 Product availability
Every effort will be made to fulfil orders placed with Nourish but Nourish shall not be liable to any person if Nourish declines to supply Product(s) for any reason whatsoever.
Nourish reserves the right to limit the range of Products available to certain areas.
Nourish reserves the right to limit quantities.
Nourish Online Shopping may delay dispatch of an order due to stock availability.
3.2 Product specials
Nourish Online Shopping reserves the right to determine the specials that are available on line.
Specials are subject to availability while stocks last.
Nourish Online Shopping will not accept back orders for specials that are not available at the point of ordering.
3.3 Product range
Nourish reserves the right to limit the range of products available to certain areas.
4. PAYMENT
4.1 Payment options
The Customer can choose to pay by credit card, electronic funds transfer or cheque. The order will not be despatched from the store until full payment is received and cleared by the bank.
4.2 Change in Payment Policy
Nourish may change at any time the ways in which Customers may pay for the Products, and any change will be notified to the Customer by adjustment of the internet site information.
5. DELIVERY
5.1 Delivery costs
Nourish delivers nationwide. Some delivery costs may apply to orders depending on the size (volume, weight and value) of the order and the delivery region.
Delivery charges of $3.00 per package will apply to all rural area deliveries and are treated separately to freight free specials.
5.2 Delivery times
Any quotations of delivery times by Nourish are made in good faith but are estimates and the Nourish shall not be bound by such quotation. Nourish will use reasonable endeavours to deliver the Products to the delivery address (specified by the Customer during the checkout process) in a timely manner.
5.3 Delivery deemed to have taken place
If the Customer fails or refuses to take delivery of the Products, the Products shall be left at the delivery address and be deemed delivered at that point in time.
5.4 Shortages
If you have been charged for any items which have not been delivered Nourish will refund the value of the missing products.
Where any Product(s) have been picked mistakenly by our team, you may either keep such Product(s), or advise Nourish that you do not want them in which case we will pick them up. If you want to keep the mistakenly supplied product and the price is less than the product we failed to supply we will refund the difference.
Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 5 working days of the delivery and provides a reasonable opportunity for the seller to investigate the claim.
5.5 Damages or loss in transit
Goods leaving the seller's premises are adequately packed however breakages can occur in transit. If any product reaches you in a damaged or spoilt condition, Nourish Online Shopping will refund the value of that product. Claims for damages or loss in transit must be made to Nourish in the prescribed manner:
· On all product deliveries, when signing for the delivery, either open the package and check the delivered products are correct and there is no damage or write Subject to Check (STC) on the courier’s form. If there is any visible damage to the outer packaging you should note it on the courier’s form.
This is essential. If you do not write STC when signing for the delivery you will not be reimbursed for the damage.
· Provided you have written STC on the courier’s form when signing for the parcel, check that all products in your order are in good condition and there are no damages within 5 working days of delivery. If there are any damages, ensure you contact Nourish within this period.
No claims will be considered after 5 working days of delivery of goods.
6. VARIATION/CANCELLATION OF ORDER
The customer may vary or cancel the order up to the point in time that Nourish has commenced packing the order by contacting Nourish. If the Customer wishes to cancel the order after the order has been packed, the customer will incur a twenty dollar cancellation fee.
The customer may not vary or cancel an order after the order has been despatched.
7. PROPERTY/RISK
7.1 Products
Property and risk in the Products shall pass to the Customer upon delivery of the order to the Customer’s delivery address.
7.2 Sign in and email
The customer is obliged to keep their signing and password details safe and confidential at all times
8. RETURNS OF PRODUCTS/REFUNDS
Goods supplied in accordance with the customer’s order can only be returned with the express approval of the seller.
Requests to return goods must be submitted within 5 working days from the date of delivery and the original invoice number must be quoted.
Nourish has the right to vary its policies relating to the return and refund of products at any time without notice.
9. WARRANTIES
Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of Nourish is authorised to make any warranties, representations or unauthorised warranties, representations or statements. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the products. The Customer expressly acknowledges and agrees that Nourish assumes no obligation or liability for any advice given and all such Products are accepted by the Customer entirely at the customer’s risk.
10. LIABILITY
10.1 Product Liability
The liability of Nourish whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Nourish obligations hereunder shall not in any event exceed an amount equivalent to the price of the product.
The customer shall ensure that the Products ordered are fit and suitable for the purpose for which they are required and Nourish is under no liability if they are not.
The customer is entitled to only such benefits as Nourish may receive under any guarantee given to Nourish by the manufacturer of the goods.
In lieu of any warranty, condition, or liability by law, Nourish liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement, provided always that such defective goods are promptly returned to the seller, unless otherwise arranged. Nourish shall not be liable for consequential, indirect or special damages under any circumstances.
10.2 Information Liability
All materials and information presented by Nourish are intended to be used for educational and general information purposes only. It is not intended as medical advice or as a means to diagnose, treat, cure or prescribe for any particular condition or disease. The Customer assumes all responsibility for the treatment which may be undertaken as a result of the information on this site, or treatment recommended by any other party. All health ailments should be treated by a doctor or qualified health professional.
Nourish not only stocks health related products, but we also provide the Customer with a range of information that is intended to help them make more informed decisions about their purchases. Our goal is to educate Customers to enable them to make informed choices regarding their own health and their families’ health.
While Nourish makes every attempt to ensure that all the information on the website is accurate, complete and up to date, no warranties, implied or expressed, are given in relation to the accuracy of the information available on this website or that the information complies with any laws, rules, regulations, procedures, codes or governmental directives, outside of the jurisdiction of New Zealand. No person should act in reliance on any statement contained in the information provided.
Nourish is committed to constant refreshment and maintenance of the website. Accordingly Nourish may make changes or improvements to the site and the products described at any time without notice. It would be appreciated if any inaccuracies are brought to our attention, so that we can correct them.
It is recommended that you consult your doctor or qualified health care professional, if you have any concerns about your health.
10.3 Limitation of Liability
Except as specifically stated on this site, neither Nourish Limited nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of damage to property and claims of third parties.
Our website contains links to other websites. Nourish Limited does not have detailed knowledge of the information contained in these other sites, and therefore does not take any responsibility whatsoever for such third party information.
11. INTELLECTUAL PROPERTY
All website materials (including without limitation all graphics, design, text, images, and logos) and the selection and arrangement thereof, are Copyright © 2005 Nourish Limited – All rights reserved.
Nourish, and the Nourish logo are trademarks of Nourish Limited.
All other trademarks, product names, brand names and company names or logos are the property of their respective owners.
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Nourish Online Shopping shall at all times remain the property of Nourish Limited.
12. FORCE MAJEURE
If the performance by Nourish of its obligations under Nourish Online Shopping 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 (whether similar to the foregoing or not) beyond the reasonable control of Nourish, Nourish shall be excused from such performance to the extent of such prevention.
13. PRIVACY ACT
13.1 Collection of information
The Customer authorises Nourish to collect, retain and use personal information about the Customer for the purposes of:
· Undertaking any dealings or transactions with the customer
· Sending the Customer any advertising or promotional material requested
· Enforcement of any legal or other rights Nourish may have against the Customer in any manner that Nourish sees fit.
· Making such disclosures as may in Nourish opinion be required for any of the above purposes
13.2 Nourish right to refuse application
The Customer is aware that in the event that sufficient personal information is not supplied, or is not satisfactory to Nourish then his/her application for registration to Nourish Online Shopping may not be accepted.
13.3 Information retained by Nourish
The Customer is aware that any personal information supplied by the Customer (except credit card details) will be retained by Nourish.
Information retained by Nourish will be accessible to Nourish employees and other persons or body corporate engaged by Nourish for or in relation to any of the purposes listed in clause 13.1 above.
13.4 Disclosure
Nourish will not make any personal information supplied by the Customer available to any third party except as required by clause13.1
13.5 Retention of information
The customer acknowledges that Nourish shall retain all personal information (except credit card details) supplied by the Customer until such time the Customer is deregistered.
13.6 Customer rights
The Customer is aware of his/her rights under the Privacy Act 1993 to have access to personal information held by Nourish and to request correction to the information and to be informed of action taken in response to any such request and/or to request that there be attached to the information a statement which the customer can supply to Nourish relating to the fact that the customer has requested a correction.
14. CONSUMERS GUARANTEE ACT
The customer acknowledges that where the Products are ordered for business purposes (as that term is defined in the Consumer Guarantees Act 1993) ("CGA") the provisions of the CGA shall not apply to the sake of the Products by Nourish.
15. VOUCHERS
Vouchers should be treated like cash and should be kept safe. In the event they are stolen, mislaid, lost, destroyed or damaged they cannot be re-issued or replaced.
16. VARIATION OF TERMS AND CONDITIONS
Nourish may at any time, vary these Terms and Conditions.
17. DISPUTES AND PROPER LAW
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
This agreement shall be governed by and construed in accordance with the laws of New Zealand. If any provision of this agreement shall be void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions.
