1. Manuka Health
2.1. ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2.2. “You/you” and “Your/your” means any visitor to the Website, any user of the Website, or any purchaser of Products from the Website or shop.
2.3. “we, us or our” means Manuka Health New Zealand Limited.
3. Terms and Conditions of Sale
3.3. By placing an order through our Website, you acknowledge and agree that:
(a) you have relied solely upon your own judgment in all matters relating to the selection of the Products and the fitness of the Products for your purposes; and
(b) neither us nor anyone on our behalf has given any warranty or made any representation to you as to the quality, fitness for any particular purpose, suitability or condition of the Products.
4. General Conditions
4.1. We reserve the right to refuse service to anyone for any reason at any time.
4.2. We reserve the right at any time to modify or discontinue the Products or services (or any part or content thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products or services.
5. Collection Statement
(a) how we store and use, and how you may access and correct your personal information;
(b) how you can lodge a complaint regarding the handling of your personal information; and
(c) how we will handle any complaint.
6. Your account
6.1. You are able to access some areas of the Website without registering your details with us. However, you are required to create an account in order to purchase any of the Products available from the Website. To open an account with us (Account), you must provide us certain information, including your name, address, contact details and payment information.
6.2. You must ensure that any personal information you provide us about you at any time will be accurate, up to date and complete. You will not be able to order any Products if you provide invalid, expired, or incorrect information.
6.3. You agree to keep your password and Account confidential, and you acknowledge and agree that you are responsible for any activity that occurs through your Account and you will not sell, transfer, license or assign your Account to anyone else.
6.4. You must tell notify us immediately if you believe your Account has been accessed without your authority and you must log in to your Account and change your password.
6.5. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Website or a linked website.
6.6. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up to date.
7. Ordering products
7.1. Our listing of Products on the Website constitutes an invitation for you to make an offer to purchase those Products.
7.2. By clicking to confirm an order to buy a Product from us via this Website, you acknowledge that you are offering to purchase that Product from us.
7.3. We will be deemed to have accepted your offer where acceptance is confirmed in an email or other message or by the dispatch of the Product to the last delivery address advised by you.
8. Product Delivery Restrictions
8.1. Places in parts of Australia has special regulations specific to importing honey and other bee products. In particular:
(a) Western Australia: Due to domestic quarantine restrictions, honey (runny or creamed) and honeycomb and beeswax products (including bee balm, lip balm and candles) are prohibited from entering Western Australia.
(b) Tasmania: Due to domestic quarantine restrictions, honeycomb or raw beeswax are prohibited from entering Tasmania. All other Products not containing honeycomb or raw beeswax may be shipped to Tasmania.
8.2. You acknowledge and agree that:
(a) you have reviewed and understood the contents of the Products prior to placing an order with us;
(b) you have relied solely on your own judgement in all matters relating to the Products, including that the Products being ordered contain acceptable and approved items for import into the State / Territory of destination/delivery in Australia;
(c) you solely accept full responsibility and any associated risk of any Products or package (or part thereof) being detained by customs or any import authority for whatever reason; and
(d) you will not hold us liable for orders unable to be delivered to your destination due to import regulations.
9. Price of Products
9.1. The price payable by you for a Product will be the price at the time you click to offer to purchase that Product, in the absence of any errors on our part. We will let you know if any such errors arise and in the event of an error, we or you may cancel the order by written notice.
9.2. We may change the price of any Products and delivery charges at any time it is listed on this Website. It is your responsibility to check and confirm pricing prior to placing an order for any Product.
9.3. Prices listed on this Website are in Australian dollars (AUD) and include GST (goods and services tax) for Australian consumers only. Prices on this Website exclude customs and import duties. and other applicable taxes for all other jurisdictions (unless otherwise expressly stated), which will be added if applicable at the point of checkout or payment.
9.4. Prices listed on this Website may or may not include any delivery costs dependent on a variety the size of the order and the delivery location. Please check our Shipping Terms located on our Website as they are updated from time to time (Australian shipping terms).
9.5. Any information given by us in relation to exchange rates are approximate only and may vary from time to time and should not be relied on by you.
10.1. When offering to purchase a Product, you must pay the price for that Product in full using credit or debit cards or through such other payment methods described in the payment section of our Website, unless otherwise agreed in writing with us.
10.2. All charges relating to a payment will be borne by you. Where possible, local currencies will be shown.
10.3. We may use an agent or service provider to process any electronic payment transaction. You agree that we may share your personal information with that agent or services provider to the extent necessary to process that payment transaction.
10.4. If any payment amount is insufficient or any payment is otherwise declined, the order of the applicable Product or Products will automatically be cancelled.
11.1. Once you have purchased a Product, we will deliver that Product to you in accordance with the delivery option you elected when you completed your order
11.2. The Shipping Terms available at here apply in respect of the delivery of any Product or Products and you agree that you have read and understood our Shipping Terms.
12. Cancellations and returns
12.1. You are not permitted to cancel any order once the Product has been shipped except to the extent permitted by applicable law.
12.2. If you received incorrect, damaged or defective Products please contact us within 7 days of delivery or receipt of the incorrect, damaged or defective Product/s. Any incorrect, damaged or defective Product must be returned to us within 30 days of delivery in their original condition before a refund or replacement will be considered.
12.3. You will be responsible for arranging return shipping and any costs incurred for the return of the incorrect, damaged or defective Product/s must be paid for by you. Upon receipt of the incorrect, damaged or defective Product/s, we will examine it and notify you via email whether you are entitled to a replacement or refund. In the case of faulty or incorrect Product, we will either (at our discretion) send you a replacement, issue a refund or provide you with a credit in respect of the faulty or incorrect Product.
12.4. The refund policy contained in this clause 12 does not apply to Products which have been opened, used or damaged after delivery, or if any attempt has been made to alter the Product.
13. Risk and title
13.1. The risk of damage, loss or deterioration in the Products you order will pass to you upon delivery of the Products to you.
13.2. Legal and equitable title in the Products you purchase will not pass to you until receipt of cleared funds into our account in respect of all amounts owing for the Products and any shipping costs.
13.3. If you request that the Products be delivered to an unattended address, then such Products will be left at your sole risk.
14.1. Under the ACL, there are certain rights and guarantees which may be implied in these Terms and Conditions (Non-Excluded Guarantees).
14.2. Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, we do not make any warranties or other representations under these Terms including but not limited to the quality or suitability of the Products or services. Our liability in respect of any warranties is limited to the fullest extent permitted by law.
14.3. If you are a consumer within meaning of the ACL, our liability is limited to the extent permitted by section 64A of Schedule 2 of the ACL.
14.4. If we are required to rectify, re-provide, or pay the cost of re-providing any Products or services under this clause 14 or the ACL, but are unable to do so, then we may refund any money paid by you for the Products or the services but only to the extent that such refund will take into account the value of the Products or services which have been provided to you which were not defective.
14.5. In no event will we be liable (whether in contract, tort (including negligence), or otherwise) to you for:
(a) loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or
(b) loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature,
arising directly or indirectly out of your use of the Website or your purchase of any Products even if such loss, damage, cost or expense was reasonably foreseeable by us.
14.6. Our maximum liability to you arising out of any and all claims relating to your use of the Website or the purchase of any Products or services (whether in contract, tort (including negligence) or otherwise) will not in any circumstances exceed ADU$100.
15.1. We may amend these Terms from time to time without notifying you. The current and binding Terms that apply to the purchase of Products will be the version displayed on the Website at the time you place your order.
15.2. If any provision of these Terms is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if unenforceable may be severed for the purposes of that jurisdiction, without affecting its enforceability in any other jurisdiction or the enforceability of any other part of these Terms.
15.3. We will not be liable to you for the failure to perform any duty or obligation of these Terms (other than an obligation to make a payment) where such failure has been caused by any act of God, physical natural disaster, fire, flood, strike, accident, war, pandemic, epidemic, disease or act of Government, or any other cause outside the reasonable control of the Party charged with the duty to perform.
15.4. We will not be liable to you for any breach of, or failure to perform, any of our obligations under these Terms where our breach or failure is caused by anything beyond our reasonable control, including (without limitation) natural disaster, fire, flood, war, pandemic, epidemic, disease or act of government, civil commotion, hostility, act of terrorism, strike, accident, lockout, other industrial act, weather phenomena or other act of God, governmental regulation, order or direction.
15.5. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
15.6. These Terms are governed by and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia and the parties submit to the jurisdiction of the courts of that State and the Commonwealth of Australia.
15.7. A right under these Terms may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.