Terms & Conditions of Sale
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them. No person under the age of 18 years may purchase Products. We look forward to seeing you again when you are over 18.
We are: Nature’s Identity
Our address is: www.naturesidentity.co.nz
You are: a visitor to Our Website / our customer
Definitions in this agreement:
“Carrier” means any person or business contracted by us to carry Products from us to you.
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Products” means any of the products we offer for sale on Our Website, or, if the context requires, products we sell to
“Our Website” means any website of ours, and includes all web pages controlled by us.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting”shall be interpreted accordingly.
1. Our contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- The price of Products may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Products .
- If in future, you buy Products from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
- We do not sell the Products in all countries. We may refuse to deliver the Products if you live in a country we do not serve.
2. Acceptance of your order
- Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Products to you.
- At any time before the Products are despatched, we may decline to supply the Products to you without giving any reason.
- If we do not have all of the Products you order in stock, we will offer you alternatives. If this happens you may:
– accept the alternatives we offer; or
– cancel all or part of your order.
3. Price and Payment
- The price payable for the Products that you order is clearly set out on Our Website.
- It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Products until you have confirmed that you wish to buy at the new price.
- Prices include goods and services tax (“GST”).
- If, by mistake, we have underpriced Products, we will not be liable to supply that those Products to you at the stated price, provided that we notify you before we dispatch it to you.
- The price of the Products does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
- You may order via email and pay by direct bank transfer.
4. Security of your credit card
- We take care to make Our Website safe for you to use.
- Card payments are not processed through pages controlled by us. We use Pay Pal who will encrypt your card or bank account details in a secure environment.
- Products are delivered within 1-5 days from the day you place an order to purchase the Goods.
- Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- All Products must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Products may be retained by the driver. When your Products arrive, it is important that you check immediately the condition and quantity. If your Products have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
- We will send you a message by email to tell you when we have despatched your order.
- If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
6. Foreign taxes and duties
- If you are not in New Zealand , we have no knowledge of, and no responsibility for, the laws in your country.
- You are responsible for purchasing Products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
7. Liability for subsequent defects
- We will repair or replace Products which fail to comply with the provisions of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 or which show a defect. If you claim that the item is defective, the following conditions apply:
a. the defect must be reported to us within 1 week of becoming apparent;
b. the defect results only from faulty design or manufacture;
c. you have returned the defective Products or parts to us if we have so requested.
- If we agree that we are liable, we will replace the Products free of charge.
- If we replace the Products, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
8. Products returned
- These provisions apply in the event that you return any Products to us for any reason:
- We do not accept returns unless there was a defect in the Products at the time of purchase, or we have agreed in correspondence that you may return them.
- The Products must be returned to us as soon as any defect is discovered but not later than 15 days.
- So far as possible, Products should be returned:
a. in their original condition;
b. securely wrapped;
c. at your risk and cost.
- You must tell us by email message to” email@example.com “ that you would like to return Products, specifying exactly what Products and when purchased, and giving full details of the defect for return.
- If delivery was made to New Zealand address, you are also protected by the Fair Trading Act and the Consumer Guarantees Act .
- If we agree that the Products are faulty, we will replace it with the same products if it’s in stock or refund the items including shipping cost if it was applicable.
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All the conditions, warranties or other terms implied by the law of any county other than New Zealand are excluded from this agreement to the extent permitted by law.
- We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Products, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website.
a. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Products.
b. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Products you have purchased.
10. Your account with us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products.
- If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
- In addition to the restrictions set out above, a Posting must not contain:
– hyperlinks, other than those specifically authorised by us;
– keywords or words repeated, which are irrelevant to the Content Posted;
– the name, logo or trademark of any organisation other than yours;
– inaccurate, false, or misleading information.
11. Security of our Website
- If you violate Our Website we shall take legal action against you.
- You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
- share with a third party any login credentials to Our Website.
- Despite the above terms, we now grant a licence to you to:
– create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
– you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Products;
- a breach of the intellectual property rights of any person.
13. Intellectual Property
- We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part unless you have gained written agreement from Nature’s Identity.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
14. Miscellaneous matters
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide products without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Products for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.