New Zealand Scientific Terms & Conditions of Service & Sale

Date last updated: 1st May 2020

By accessing our website, registering an account or purchasing from our website you automatically agree to these Terms and Conditions, you agree we can change these Terms without prior notice.

New Zealand Scientific will be referred to in the below terms and conditions in short format as NZS.

Use of our website

Your use of the website, opening an account with NZS and/or the ordering of anything from NZS creates a legally binding contract between you and NZS that is subject to these Terms and Conditions.

Governing law

The use of the website, opening an account with NZS and/or the ordering of anything from NZS is subject to the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute between you and NZS.

Warranties & Liability

Except as expressly stated in these Terms and Conditions or on NZS website, NZS makes no warranty or representation as to the merchantability, fitness for a particular purpose, suitability or efficacy of any product purchased by you from NZS beyond any manufacturer warranty included with the product. Nothing in the former statement modifies, negates or restricts a consumer’s rights and remedies under the Consumer Guarantees Act 1993.

Subject to your rights and remedies under the Consumer Guarantees Act 1993, to the fullest extent permitted by law, NZS will not be liable for any:

1. Warranties, conditions and representations whether express, implied, statutory or otherwise, relating in any way to the website, your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through the website; and
2. Liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through this Website for any reason whatsoever (including negligence).

To the fullest extent permitted by law, NZS maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you to NZS in respect of the product excluding any amount paid for delivery.

You agree that if you are a “consumer” under the Consumer Guarantees Act 1993 and you acquire any product for the purposes of a “business” (as those terms are defined in the Consumer Guarantees Act 1993), the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those products. Otherwise, these Terms and Conditions are to be read subject to the terms of the Consumer Guarantees Act 1993.

No warranty for use of website

While NZS endeavours to ensure that no computer virus or malicious software is contained on our website, NZS makes no warranty as to your use of the website and NZS will have no liability for any damage to your computer or other hardware as a result of your use of the Website.

Limitations & permissions

You may not make use of any logo or trademark displayed on the website without the express written consent of NZS. You may link to the website from any other website provided that you agree to immediately remove that link if requested by NZS.

Links to 3rd party websites

The website contains links to websites that are not controlled by NZS (Third Party Websites). NZS makes no promises or warranties as to the content or security of any Third Party Website and you link to and use any such Third Party Website at your own risk.

Privacy

We collect, hold and protect the personal information you share with us in accordance with our privacy and security. Please read this for detailed information regarding our approach to your privacy.

You’re in control of your personal information, and can ask for us to share this with you or delete this at any time. To do this, simply email us.

Consent to use cookies

Our website uses cookies to give you the best user experience. Read more about the use of cookies in our Privacy and Security policy.

Consent to receive email communications

By using our site, registering for an account or making an order, you consent to us sending you relevant transactional emails about your user account and/or order.

You can opt to receive our promotional emails from the form at the bottom of the homepage of our website, when you place an order, or when you register for a NZS account. You can unsubscribe from these promotional emails at any time (simply click on the link in the footer of any promotional email we send you). We allow you to unsubscribe from all, or chosen promotional email newsletters (or re-subscribe if you change your mind and want to start receiving these again).

If you unsubscribe from promotional emails:

• Your account will still be valid, and
• You will continue to receive NZS transactional emails regarding site usage, orders and account status.

You can choose to receive no emails from NZS and join our email blacklist. Simply contact us. However, please note, this means that you will not receive any order confirmation emails or delivery updates. Once you have requested to receive no emails from us, we cannot reverse this.

Consent to receive Text/ SMS notifications

You have the option of sharing your mobile number with us. By doing this, you are consenting to receive text messages (aka SMS) from us. You can unsubscribe from text messages at any time by responding to one of the promotional messages we send you (details of how to unsubscribe will be included in every text message we send you). Please email us if you receive a text message or messages and you would like to turn this function off, we will work with you to ensure this happens promptly.

Accuracy of information

We aim to list current and accurate product information at all times. However it is possible that errors may occur. To the fullest extent permitted by law, NZS does not accept any liability for any damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on our website.

The information shared regarding products, their specialities, and assurances relating to our Better Choices Promise are compiled with care and attention. However the accuracy relies on correct information and transparency from our supplier partners. We have strict guidelines that we communicate to our suppliers but subject to our obligations required by law, are not responsible if supplier information is revealed to be incorrect.

Please be aware that the ingredients in our products may change or vary from time to time. We rely on our suppliers to tell us if they make any changes to these, and this may take a few days to update on our site. We recommend you refer to the ingredient list on the product package you receive for the most up to date list of ingredients. We also recommend you review product ingredients when making a repeat order, as ingredients may change without this visually being obvious on our site, or on the front of product packaging. We may update and change label information so please review the label on the product we send you carefully each time you receive a new product / bottle. Please do not rely on any allergy information other than what is on the physical bottle you receive as updates on our website may be out of date or delayed.

Pricing

Sales to customers outside of New Zealand may be subject to the payment of taxes and charges in their country. These will typically be payable by you before the package is able to be released from customs or your countries postal services provider. As these charges are outside of our control, NZS accept no liability for the advance notice or payment of any such charges levied by your countries customs, import or postal authorities.

Prices for the products and services listed on the site are subject to change without any notice. We do our best to provide accurate pricing information but errors can occur from time to time. We have the right to refuse or cancel any orders placed for products incorrectly priced.

Product availability & rain checks

Product availability is subject to change without notice. Whenever possible, product out of stocks are clearly highlighted on the site - you can choose to receive an email notifying you when a specific product is back in stock. NZS cannot offer rain checks or extend a discount to an out of stock product.

All special offers and promotions are offered strictly only while stocks last and only for the period of the promotion. Promotional pricing or offers may be withdrawn at any time without notice once available stock is exhausted. NZS may choose to end a promotion early for any reason. In this scenario, no rain checks will be given. Promotional expiry dates and times are listed as New Zealand standard time.

From time to time we may run short, specific price promotions without explicit promotion expiry dates in order to clear out stock or achieve other short term business objectives.

Product expiry dates

Most products supplied to you will include an expiry date which will vary depending on the product. Our policy is to not dispatch any product within two full months of its expiry date, unless otherwise stated on the product page or where the product is sold or as part of a clearance promotion around the sale of a product with a shorter expiry term.

Payment

Orders will not be dispatched until satisfactory payment has been received by NZS or any suspected fraud has been investigated. An order or transaction is not complete until products are dispatched. NZS can refuse or cancel any order at its discretion and refund payment.

NZS reserves the right to refuse to deliver any products ordered for any reason, including without limitation, unavailability of stock or a decision by NZS to no longer sell a product. A refund will be given if payment has been accepted prior to any of these reasons.

AfterPay

AfterPay is a payment option that allows customers to pay in instalments over time. This payment option is only available to customers shopping in Australia and New Zealand. On choosing AfterPay as a payment option, customers enter into a contract directly with AfterPay. Please read everything you need to know about this service, including the refund process and future liabilities from AfterPay for any products returned to NZS.

Promo codes

NZS may, at its discretion, choose to offer discount promo codes to certain customers from time to time. Each promo code will have a clear expiry date and conditions for use. Promo codes cannot be exchanged or the value used for sales that do not meet the promo code conditions. No rain checks will be offered for promotions using a promo code where the product is out of stock.

The following general terms and conditions apply to all promo code promotions, unless stated otherwise in the specific promotion conditions:

Specific terms and conditions apply to promo code promotions, unless stated otherwise:

• Each promo code has specific terms and conditions that are specified in the promotion. A customer must meet the promo requirements to gain the promo code discount
• Promo codes are valid for a limited time only, and unless specified can only be used by the account holder whom the promo code was offered to by NZS. NZS reserves the right to cancel the order or refuse the discount to customers using promo codes offered to another customer
• NZS reserves the right to modify or cancel a promo code at any time
• NZS promo codes are single use codes, they cannot be used a second time on a subsequent order that meets the requirements of the promotion
• A customer can only use one promo code per order. If they have an order where the cart meets two promotions, the first promo code entered will be used. When a customer enters the second promo code, this will be rejected, despite their order meeting the promotional requirements
• If the promotion has a minimum purchase requirement, taxes and delivery do not apply toward the minimum purchase amount
• Promo codes are not transferable, and may not be resold or redeemed for cash
• If you change your mind about your order or return products purchased using a promo code, we will only credit the amount paid for the products

If you violate any of the general promo code terms and conditions specified above or any of the additional terms and conditions specific to a promo code, the relevant promo code will be invalid and the discount will not apply.

Gift with purchase

NZS may choose to offer a free gift when a customer purchases a certain product or product combination. These are offered at NZS discretion and can end without warning. Customers cannot transfer the free gift for something of equal value or a discount. There may be limited stock of free gifts. If stocks run out, NZS is not liable to offer a replacement. If a customer returns an order that included a free gift, this free gift must also be returned to receive the order refund.

 

Prize promotions

From time to time, NZS may run prize promotions on our main website or social channels. To enter a competition, a customer must meet the terms of the competition which will be clearly outlined in the relevant promotions. NZS decision is final regarding competition winners. Any prizes cannot be returned, exchanged or transferred for cash or products of similar value. In most cases, prizes are supplied by our partners. NZS will clearly describe a prize but can only rely on descriptions provided by our partners. NZS will meet all the requirements of the Department of Internal Affairs and the Gambling Act 2003 in designing prize promotions.

Product information

The information on this website is intended for your general information. It is not a substitute for medical advice from a health care professional and is not intended to diagnose, treat, cure or prevent any disease. Always consult your doctor or other qualified healthcare professional with any questions you may have regarding a medical condition. Do not disregard medical advice or postpone consultation with your health care professional because of information that you have read on this website. Always read the label of any supplements or natural health products you purchase and use only as directed. Vitamins and minerals are supplementary to and not a replacement for a balanced diet. Consult a health care professional if symptoms persist.

Reviews on the website are provided without compensation by users of our products and should be viewed in this context. Reviews are the experiences of real people with products they’ve used, not substantiated health claims. Individual results may vary.

User submitted content, including product reviews and testimonials

We reserve the right to use all user submitted content we receive in our marketing and promotional material, both on and offline, identifying the submitter by first name only. If you don't want us to use your submitted content, please let us know.

Your submission of any such content confirms that you understand that this content may be used in a public context, either online and/or offline, and that NZS specifically may use, modify, edit or republish any such content submitted. While we endeavour not to significantly alter the meaning and intent of submitted content, we do sometimes edit it to condense, summarise, improve readability or comply with our regulatory obligations, and reserve the right to do so.

Beyond prevailing legislation, NZS has no obligation to screen or edit any content supplied by customers, but has the right to do so, and to modify, delete, refuse to post or remove any content, in whole or in part, from any portion of NZS websites or social media platforms, at its sole discretion for any reason whatsoever, including, but not limited to, content that violates these terms and conditions or is otherwise objectionable.

You may not be permitted to edit or delete any content you have submitted, but can ask us for it to be removed from online publication, and we will remove it so long as it’s reasonably practicable for us to do so.