TERMS OF TRADE
1. Helena Health New Zealand Limited (we, us or our) is a New Zealand natural health company and we develop, produce, manufacture and sell New Zealand natural bioactive solutions for human and animal health in a range of countries.
2. These Terms of Trade govern the supply of our products to you that your order via the Helena Health website at www.helenahealth.com, and any websites or applications operated by us (Website).
3. By ordering any products using our Website you agree that you are bound by these Terms of Trade.
4. If you do not agree to anything in these Terms of Trade then you should not order any products from us.
5. You should read these Terms of Trade carefully and contact us if you have any queries about them.
6. References in these Terms to we, us or our are references to Helena Health New Zealand Limited.
7. References to you or your are references to the person or entity order our products.
8. 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.
9. To purchase any of the products available from the Website (Products) or to open an account with us, you must provide us certain information, including your name, address, contact details and payment information.
10. You agree that all information you provide us about you at any time will be accurate, up to date and complete.
11. 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.
12. You agree to accept responsibility for all activities that occur under your account or password. 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.
13. Our listing of Products on the Website constitutes an invitation for you to make an offer to purchase those Products.
14. 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.
15. 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
16. 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 manifest error. The price of any Product listed on this Website may change over the time. It is your responsibility that you are up-to-date with the latest price of the Products at the time you make your offer.
17. Prices listed on this Website exclude GST, VAT and other sales taxes (unless otherwise expressly stated) which will be added, if applicable, at the point of checkout or payment.
18. 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 and delivery policies located on our Website as they are updated from time to time
( https://www.helenahealth.com/shipping-returns ). Those policies form part of these Terms of Trade.
19. 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.
20. 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.
21. 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.
22. 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.
23. If any payment amount is insufficient or any payment is otherwise declined, the order of the applicable Product will automatically be terminated.
24. 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.
25. Please check your delivery address carefully as we will not be responsible for delivery to an incorrect address. You shall be responsible for the cost to resend a parcel that is returned because of an incorrect address.
26. Some countries have special regulations specific to importing honey and other bee products. You acknowledge you have reviewed the contents of your order and acknowledge that it contains acceptable and approved items for import into the country of destination/delivery. You accept full responsibility and any associated risk of any items or package (or part thereof) being detained by customs for whatever reason, and you acknowledge and agree that we are not liable for orders unable to be delivered to their destination due to import regulations.
27. You are responsible for any duties, levies or other charges associated with importing the Product into the country of delivery.
Cancellations and returns
28. You are not permitted to cancel any order once the Product has been shipped except to the extent permitted by applicable law.
29. 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
30. Risk in all Products you order will pass to you upon delivery of the Products to you.
31. Title in the Products you purchase will pass to you on the later of payment for the Products in full and delivery of the Products to you.
32. If you purchase Products from us for a business purpose, then you agree that the statutory guarantees and implied terms, covenants and conditions contained in the New Zealand Consumer Guarantees Act 1993 are excluded and do not apply.
33. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty relating to Products to one or more of the following at our option:
(a) the replacement of the Products or supply of equivalent products;
(b) the repair of such Products;
(c) the payment of the cost of replacing the Products or of acquiring equivalent products; or
(d) the payment of the cost of having the Products repaired.
34. In no event will we or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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;
(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 we had been advised of the possibility of such damages,
and even if such loss, damage, cost or expense was reasonably foreseeable by us.
35. 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.
36. None of the exclusions or limitations set out in these Terms of Trade will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.
37. We may amend these Terms of Trade from time to time without notifying you. The current and binding Terms of Trade that apply to the purchase of Products will be the version displayed on the Website at the time you place your order.
38. If any part of these Terms of Trade 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 of Trade shall continue in effect.
39. We will not be liable to you for any breach of, or failure to perform, any of its obligations under these Terms of Trade 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 or direction.
40. These Terms of Trade 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.
41. These Terms of Trade, and any disputes arising from or relating to the conduct covered by the Terms of Trade, are governed by the laws of New Zealand. You hereby submit to the exclusive jurisdiction of the courts of New Zealand.