These Terms and Conditions of Sale govern your purchase of Products from Max Health Limited (referred to in these Terms and Conditions of Sale as Max Health, we, our or us) through this website (Website). By placing an order to purchase Products through the Website you have indicated your acceptance of these Terms and Conditions of Sale.
1. DEFINITIONS
1.1 In these Terms and Conditions of Sale, unless the context otherwise requires:
GST means goods and services tax in terms of the Goods and Services Tax Act 1985, at the rate prevailing from time to time, including any tax levied in substitution for that tax;
Price means the price payable for Products as displayed on the Website from time to time, and unless specified otherwise such price will exclude GST and any other applicable taxes, duty payments and delivery charges; and
Products means the products you may order and obtain through the Website from time to time.
2. ORDERS AND CONTRACT FORMATION
2.1 If you order Products using the online order process available on the Website, your order will constitute an offer, incorporating the then current version of these Terms and Conditions of Sale, which Max Health may accept or decline at its discretion.
2.2 All details (including Price and availability) relating to the Products ordered as displayed on the Website are subject to confirmation by us. We will notify you as soon as possible if we accept or decline your order or if any of the details on the order need to be amended.
2.3 Any order which you provide to us will be effective and legally binding as a separate, individual contract once we have confirmed our acceptance of your order or, if we notify you of any amendments to the order, once you have indicated your acceptance of the amended order as notified to you.
3. SUPPLY AND PAYMENT
3.1 All Products offered for purchase on the Website are subject to availability. Max Health will use its reasonable endeavours to supply the Products in accordance with your order. However, if for any reason Max Health is unable to fulfil your order, Max Health may cancel or decline (as the case may be) your order and will refund any payment received by Max Health in respect of that order.
3.2 Payment of the order total for the Products must be made following placement of your order through one of the payment methods specified on the Website (unless another prearranged payment method is expressly accepted by Max Health in writing).
4. DELIVERY, TITLE AND RISK
4.1 Following Max Health's acceptance of an order Max Health may inform you by email of Max Health's estimated delivery date for the Products (Delivery Date). The Delivery Date is given as an estimate only. Provided full payment of the order total for the Products has been received, Max Health will use reasonable endeavours to deliver the Products by the Delivery Date. Max Health will not in any circumstances (whether in contract, tort or otherwise) be liable for any failure to deliver the Products by the Delivery Date.
4.2 Delivery will be made at or to the place specified in the order, provided that such place is in New Zealand. Max Health may require that you nominate your doctor or another medical professional as the place for delivery in your order. Max Health has the right to select the method of delivery and the carrier. Delivery may be made by instalments, at the sole discretion of Max Health.
4.3 Title to, and risk in, the Products will pass from us to you on delivery of the Products to you.
5. WARRANTIES AND LIABILITY
5.1 Max Health warrants that the Products will, at the time of delivery to you, be free from any material damage, faults or defects and will comply with all applicable New Zealand regulatory requirements.
5.2 If you consider that any Products do not comply with the warranty in clause 5.1 (Non-Compliance):
(a) You must return the Products to Max Health and in doing so following any instructions given by Max Health for the return and packaging of the Products;
(b) Max Health will inspect the returned Products to confirm whether or not there is a Non-Compliance; and
(c) If Max Health's inspection confirms there is a Non-Compliance, Max Health will, at its option and as your sole and exclusive remedy in respect of the Non-Compliance, repair the Products, replace the Products or provide a refund of the Price for the Products.
5.3 Max Health will have no liability, or obligation under clause 5.2(c) to provide a repair, replacement or refund, in respect of any Non-Compliance to the extent that Max Health considers (acting reasonably) that the Non-Compliance has arisen due to any damage, misuse, modification of or to the Products after their delivery to you or any failure to follow any written instructions for their use and/or storage which were supplied with the Products or otherwise by Max Health.
5.4 All other warranties, conditions and guarantees that are not expressly set out in these Terms and Conditions of Sale are excluded.
5.5 Neither party (First Party) will be liable for any special, consequential or indirect damages or losses, or loss of goodwill, data or business profits, suffered or incurred by the other party as a result of a breach of the Terms and Conditions of Sale by the First Party.
5.6 The maximum liability of either party under or in connection with these Terms and Conditions of Sale (whether in contract, tort or otherwise) will not exceed an amount equal to the Price paid for the Products, provided that this limitation does not apply to any failure by you to pay the Price for the Product as and when required under these Terms and Conditions of Sale.
6. CONSUMER GUARANTEES ACT
6.1 Nothing in these Terms and Conditions of Sale is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 (CGA), unless you are acquiring the Products in trade, in which case you agree that the provisions of the CGA do not apply to the supply of the Products to you.
7. PRIVACY POLICY
7.1 Our Privacy Policy governs the collection, use, storage and disclosure of personal information by Max Health. You agree that we may collect, use, store and disclose your personal information in accordance with our Privacy Policy.
8. GOVERNING LAW
8.1 These Terms and Conditions of Sale are governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts in respect of all matters or disputes connected with these Terms and Conditions of Sale.
9. AMENDMENTS
9.1 We may amend these Terms and Conditions of Sale from time to time by including an updated version on the Website (but, unless you agree otherwise, no such amendment will apply in respect of any order placed prior to the updated version of these Terms and Conditions of Sale being posted on the Website).
10. INTERPRETATION
10.1 In these Terms and Conditions of Sale, unless the context otherwise requires:
(a) you means the individual who places an order for Products or, if that individual does so on behalf of an organisation, that organisation;
(b) party means either you or Max Health (and parties means you and Max Health);
(c) all monetary amounts on the Website or on an order for Products are stated in New Zealand currency; and
(d) includes or including (or any similar expression) is deemed to be followed by the words "without limitation".
11. PRECEDENCE
11.1 Unless we expressly agree otherwise in writing, your standard terms and conditions of purchase or standard terms of trade or similar (if any) will not apply to the supply of any Products.