Terms and conditions
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Website Use, Terms and Conditions
Welcome to Bio-Organic Solutions Ltd, trading as MicroMed.
The following terms and conditions set out the entire agreement that MicroMed makes with you in order for you to visit our Website, Webstore and/or purchase Products. They explain MicroMed’s obligations as an online service provider and your obligations as a customer. Please read them carefully.
You can contact us as follows:
Address: 1a Swann Beach Road, Stanmore Bay, Auckland, 0932
1.1 These Terms apply to your use of the Website, Webstore and/or your purchase of Products. By accessing and using the Website and/or by clicking ‘Add to Cart’ or ‘Buy It Now’ in the Shopping Cart:
a you agree to these Terms; and
b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, Webstore and/or purchase Products, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website and/or purchase our Products, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website, Webstore and/or Products without notice or liability.
2.3 These Terms were last updated on 12 November 2020
In these Terms:
Delivery means providing the Products as set out in your Order to you at the address supplied by you in your Order, or where a signature is required, at the time the Products are handed over and signature is obtained from a person at the address specified in your Order
GST means goods and services tax as set out in the Goods and Services Tax Act 1985
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Order means your Request or that part of your Request that we confirm to you that we have accepted
Personal Information means information about an identifiable, living person
Product means the pet product as offered on the Webstore from time to time
Request means the request placed by you for the relevant Products in the Shopping Cart
Shopping Cart means the section of the Webstore displaying the Products that you intend to purchase
Terms means these terms and conditions
Underlying System means any network, system, software, data or material that underlies or is connected to the Website and Webstore
Visitor means a person who visits the Website and/or uses the Webstore to purchase Products.
We, us or our means MicroMed
Webstore means the online webstore provided via the Website where you can make a Request for and Order Products via the Shopping Cart
Website means www.micromed.org.nz
Working Days means every day excluding Saturday, Sunday or a public holiday in New Zealand
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting
4 YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us, and must promptly update that information as required so that the information remains true, current and complete.
4.2 You can purchase Products from the Webstore as a Visitor providing you do not :
i act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
ii unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.3 The Website and Webstore may contain links to third party websites including advertisers and business partners which are owned or operated by other parties. You should make your own enquiries as to the privacy policies of these parties. We are not responsible for information on, or the privacy practices of, such websites.
4.4 You must obtain our written permission to establish a link to our Website or Webstore. If you wish to do so, email your request to firstname.lastname@example.org
4.5 You must ensure that you only use the Products you purchase for the purpose for which they are suitable and you are responsible for the handling and care of all such Products.
a We reserve the right to provide any Products whatsoever on the Webstore, including the right to limit the quantity of Product available, at our sole discretion.
b You acknowledge and agree that some Products may be subject to additional terms. Where you have selected to purchase a Product that is subject to additional terms, we will advise you of those terms as part of your Request, by confirming your Request you will be deemed to have agreed to the additional terms.
a Certain Products require a Protocol in order for you to administer them. We will notify you when this is required once you have placed your order.
5.3 Request and Orders:
a We only accept Requests and Orders via the Shopping Cart and dispatch your Order once your payment has been received, b You must check that the Shopping Cart contains the Products you intend on purchasing before progressing to confirm your Request.
c You acknowledge and agree that any Request you submit to us through the Webstore is a legal offer to us to purchase the Products that are the subject of the Request.
d If we accept your Request, we will acknowledge acceptance of it by sending you an Order confirmation email.
e We will notify you by email or phone if we are unable to accept your Request or some of your Request until a later time, or where we are only partially able to fulfil your Request.
a The price stated on the Webstore for the product excludes delivery costs or any processing fees, unless expressly stated otherwise.
b Prices displayed on the Website and Webstore are in New Zealand dollars.
c All amounts specified on the Website and Webstore are GST exclusive, unless otherwise expressly stated.
d We may change the price of Products from time to time. The price you will pay for the Product is the price specified in your Request and confirmed by us in your Order.
a You must pay for Products using a debit card, credit card or any other payment method that we may make available from time to time.
b You acknowledge that additional bank charges may apply to certain transactions and you agree to pay for such charges. You are also liable for all costs associated with any payment.
c The title to any Products you purchase shall pass to you on your payment in full for the applicable Products, and your payment has been received.
a Delivery options and charges, and any processing fees, will be clearly stated in and added to your Request before you proceed to checkout in the Shopping Cart.
b Delivery is only available to a physical address in New Zealand. We do not deliver to a PO Box or Private Bag, or addresses outside New Zealand.
c If your Order contains several Products, we reserve the right to deliver such Products together or separately to complete your Order.
d We will confirm Delivery of your Order by email confirmation, or notify you by email if we are unable to accept your Delivery or Delivery of some of your Request until a later time.
e You acknowledge and agree that:
i the quoted delivery times are in Working Days and are estimates only;
ii where you choose Delivery that requires signature, you are responsible for being available to sign for the Delivery, and if obtaining a signature is not possible, you may be charged an additional fee for re-delivery or you must make arrangements to collect your Order;
iii Delivery to certain locations such as rural addresses, may take longer; and
iv we bear the risk of loss or damage to the Products until Delivery. The risk in the Products shall pass to you upon Delivery, delivery as specified by the courier company.
5.7 Changes and Cancellation: You can change or cancel an Order once you have received an Order email confirmation by emailing email@example.com
5.8 Refunds, Returns and Replacement:
You acknowledge and agree that:
a if we cancel an Order in accordance with clause 5.3e, we will refund the Purchase Price in full;
b subject to clause 5.9c-f:
i if you are not completely satisfied with a Product, you must return such Product to us within 14 days following Delivery. Upon receipt of such, we will replace or refund the Product, provided the Product and packaging is in its original condition;
ii you must notify us if you receive Products that are faulty or damaged within 14 days following Delivery. If we accept (at our sole discretion) that the Products delivered to you are damaged, we will replace or refund the Products; or
iii you must notify us if you receive Products that are not part of your Order within 14 days following Delivery. If we accept (at our sole discretion) that the Products received were not part of your Order, and you choose to return such Products, we will refund the amount charged for. If you choose to keep such Products we may refund or charge you for those Products (at our sole discretion);
c if you are returning a Product in accordance with clause 5.9b above, you must return the Product via courier to: MICROMED, 1A Swann Beach Road, Stanmore Bay, Auckland 0932. All Products remain your responsibility until we receive them, we strongly recommend that you package them securely and use a tracked courier;
d unless the Product is faulty, damaged or not as per your Order, we will not refund any applicable Delivery charges or your costs of returning the Product to us; and
e all refunds will be in the same form as your original payment.
5.9 Refusal of Transaction:
You acknowledge and agree that:
a you may not purchase any Products for the purpose of resale or for supply and/or consumption outside of New Zealand;
b if we refuse to process a Request or Order we will not be liable to you or any third party, and you agree to indemnify us against any liability whatsoever that may arise as a result.
6 INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website and Webstore (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), trade marks, trade names and the Underlying Systems.
7 WARRANTIES AND DISCLAIMERS
7.1 To the fullest extent permitted by law, we (and our licensors) have no liability or responsibility to you or any other person for any Loss in connection with:
i the Website or Webstore being unavailable (in whole or in part) or performing slowly;
ii any error in, or omission from, any information made available through the Website or Webstore;
iii any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website or Webstore. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website and Webstore protects you from this;
iv any site linked from the Website or Webstore. Any link on the Website or Webstore to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators;
v any Order not being fulfilled or the Products not being delivered within the anticipated Delivery time; and
7.2 We make no representation or warranty that the Website, Webstore or Product is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website and/or Webstore is not illegal or prohibited, and for your own compliance with applicable local laws.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including but not limited to, any failure of a person who accesses and uses our Website and/or the Webstore.
9.1 To the maximum extent permitted by law:
a you access and use the Website, Webstore and Products at your own risk; and
b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, the Webstore or your access and use of (or inability to access or use) the Products. This exclusion applies regardless of whether our liability or responsibility arises in contract, negligence, equity, breach of statutory duty, or otherwise.
9.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 (CGA) or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD250.
9.3 If you are purchasing Products for business purposes, you acknowledge that the provisions of the CGA do not apply to our Website, Webstore or Products, and we expressly contract out of all provisions of the CGA to the fullest extent permitted by law.
9.4 To the maximum extent permitted by law, and only to the extent clauses 9.1 and 9.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, Webstore or your access and use of (or inability to access or use) the Website, must not exceed NZD250
10.1 You are not required to provide Personal Information to us if you only use the Website, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
10.2 You are required to provide Personal Information to us when you purchase our Products. For example, we need to have your contact information in order to deliver your purchased Products to you.
10.3 When you provide Personal Information to us, we will comply with the New Zealand Privacy Act 1993.
10.4 The Personal Information you provide to us is collected and may be used for processing your Product purchase, communicating with you, statistical analysis, the marketing by us of Products and services to you, credit checks (if necessary), and research and development.
10.6 Generally, we do not disclose Personal Information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a to service providers and other persons working with us to make the Website and Webstore available or improve, develop or implement its functionality (e.g. we may use a third party supplier to host the Website); or
b where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
10.7 Any Personal Information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your Personal Information to countries which have less legal protection for personal information than New Zealand.
10.8 You have the right to request access to and correction of any of the Personal Information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org
11 SUSPENSION AND TERMINATION
11.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website and/or the Webstore (or any part of either).
11.2 On suspension or termination, you must immediately cease using the Website and/or Webstore, and must not attempt to gain further access.
12.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
12.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
12.3 For us to waive a right under these Terms, the waiver must be in writing.
12.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 6, 7, 8, 9, 10, 12, continue in force.
12.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
12.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.