These Terms and Conditions (Terms) govern the supply of our products to you that you order via the Manuka Health website at www.manukahealth.com and any websites or applications operated by us (Website).
By ordering any products using our Website, you agree that you are bound by these Terms .
If you do not agree to anything in these Terms then you should not order any products from us.
You should read these Terms carefully and contact us if you have any queries about them.
References to you or your are references to the person or entity ordering our products.
If you are ordering our products on behalf of another entity, you represent and warrant that you are entitled to bind that entity and you have its authority.
You agree that all information you provide us about you at any time will be accurate, up to date and complete.
If you are a member of this Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer, your account or your password.
You agree to accept responsibility for all activities that occur under your account or password unless there are reasons where you have no ability to prevent unauthorised use of your account. You must tell us immediately if you believe some person has accessed your account without your authority and you must log in to your account and change your password.
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.
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.
Price of Products
The price of any Product may change over the time it is listed on this Website. It is your responsibility that you are up-to-date with the latest price of the Products at the time you make your offer.
Prices listed on this Website include GST for New Zealand consumers only, Prices on this Website exclude VAT 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.
Prices listed on this Website may or may not include any delivery costs depending on factors such as the size of the order and the delivery location. You should check our Shipping Terms located on our Website as they are updated from time to time (https://www.manukahealth.com/en-nz/shipping-info/). Those policies form part of these Terms .
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.
All charges relating to a payment, including any charges applied where payment is made in a currency other than New Zealand dollars, will be borne by you. [RMcV note to Manuka: Please confirm whether this reflects the business's intended policy ie only NZ$. Should these be NZ$ only as they will only apply to NZ consumers?]
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.
If any payment amount is insufficient or any payment is otherwise declined, the order of the applicable Product will automatically be terminated.
Cancellations and returns
If any Product is defective upon delivery to you, you may notify us and return the Product to us, and we will provide you with a credit or replacement for the defective Product.
Risk and title
Title in the Products you purchase will not pass until you have paid all amounts owing for the Products in full and the Products are in your possession. Title in the Product will pass to you on the later of payment for the Products in full and delivery of the Products to you.
If you are a consumer and purchasing the Products for personal use, nothing in these Terms affects your rights under the New Zealand Consumer Guarantees Act 1993.
Other than under the New Zealand Consumer Guarantees Act 1993, our liability for any Product will be limited to one or more of the following at our option:
the replacement of the Products or supply of equivalent products; the payment of the cost of replacing the Products or of acquiring equivalent products (in cash or by credit)
In no event will we be liable (whether in contract, tort (including negligence), or otherwise) to you for:
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 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 we had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by us.
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 (whether in contract, tort (including negligence) or otherwise) will not in any circumstances exceed NZ$100.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
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) war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, weather phenomena or other act of God, governmental regulation, order or direction.
These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
These Terms , and any disputes arising from or relating to the conduct covered by the Terms , are governed by the laws of New Zealand. You hereby submit to the exclusive jurisdiction of the courts of New Zealand.
Some items in our store may be offered to you as a subscription. This cancellation policy lays out how you can change or cancel these kinds of purchases.
When you purchase a subscription you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select.
Your payment details will be stored securely and you'll be charged for each of these deliveries, unless you choose to pay in advance.
Some subscriptions may auto-renew at the end of their duration. If you don't want to renew a subscription you can cancel it.
If you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can manage your subscription from there.
See our returns policy for more details on returns and refunds above.