What is the purpose of this contract?
- You are required to confirm your acceptance of these Terms and Conditions to order Products through our Website.
- You confirm your understanding and acceptance of these Terms and Conditions when you first log in to or place an order through the Website by marking the required tick-box and clicking ‘Agree’.
What are our Products?
- We supply a range of products through our Website which is subject to change at any time (“Products”). Please refer to our website for our current list of Products.
What is our ordering process and price?
- When you wish to purchase any Product(s), you must place an order through the Website by adding a product to the shopping cart and proceeding through the checkout process. The checkout process includes giving us all relevant details for your order including delivery information, payment information and confirmation of your order.
- The price is the cost of the Products as set out during the checkout process prior to confirmation of your order.
- Prices stated on the Website do not include additional costs related to delivery of the Product to you including but not limited to shipping costs, and may be modified without notice. All prices listed on the Website are in New Zealand dollars and inclusive of GST.
- Unless you have chosen to utilise our lay buy option (which will require you to enter into a separate agreement with the provider of such lay buy service), the price will be payable in full by you prior to our undertaking the supply of the Products.
- All orders you submit through our website are subject to availability of stock. In the event that we do not have any stock on hand, we will promptly notify you giving you an estimated date of delivery. If the estimated date is not satisfactory, you can request a full refund. Please note we will not be liable to you for any loss, damage or liability you may suffer as a result of any Product not being available or us not holding any stock.
When are you responsible for the Products supplied?
- We are responsible for the Products supplied by us until they are delivered to you.
- Delivery to you is complete when the Products we are supplying have been delivered to your nominated address. Thereafter you are responsible for insuring the Products supplied by us.
- We will provide an estimated time for delivery of any Products ordered. The time stated by us for delivery is an estimate only and we are not responsible or liable for any loss incurred by you due to any delay by us in delivering the Products to you.
Who owns the intellectual property rights?
- You agree that we, or our third party suppliers, own all intellectual property rights, including any copyright, in all Hyoumankind work, designs, drawings, systems, solutions, specifications, electronic data, documents, websites, marketing material and any other material that we have produced in connection with any Products or otherwise supplied to you, including but not limited to all website content (“Materials”).
- You are not entitled, nor are you entitled to permit any third party, to copy, download, publish, re-produce or otherwise use the Materials other than for your own personal use and enjoyment unless you are expressly authorised otherwise. For the avoidance of doubt, you are not permitted to copy or use any Materials for the purposes of any commercial enterprise.
- If you become aware that any Product that we have supplied to you is not what you ordered, you have 7 days from the date of delivery to notify us in writing of the error. Upon notification of any such error, we will arrange for the Product to be returned to us at our cost. Upon receipt of the returned Product, we will provide you with the correct Product (as applicable). You will provide such reasonable assistance as we may request to facilitate the return of the Product to us.
- If you wish to return a Product for any reason at all, you must: notify us in writing within 30 days of receipt.
What is the limitation on our liability?
- Our Products come with a product warranty (“Product Warranty”) the terms of which are set out on our Website here. The terms of the Product Warranty will be met by us provided we are satisfied that the Products were used in accordance with the terms of such warranty.
- The Fair Trading Act 1986, the Consumer Guarantees Act 1993 and other statutes or regulations may imply guarantees, warranties or conditions or impose obligations upon us that cannot by law be excluded.Nothing in these terms and conditionsoperate so as to exclude, limit or modify your remedies and our obligations under such statutes or regulations.
- Subject to clause 2, you acknowledge that:
a. with the exception of the Product Warranty, all Products are provided "as is" and any express or implied warranties and/or representations (other than warranties or conditions which may not lawfully be excluded), including implied warranties or merchantability and fitness for a particular purpose, are disclaimed or otherwise excluded;
b. your use of any Products is at your sole risk and responsibility; and
c. to the extent permitted by law, we will not be liable to you or any third party for any: (i) loss of profits, revenue, business opportunity, anticipated savings, wasted overheads or damage to goodwill, regardless of whether in the circumstances it is deemed direct, indirect, consequential or special losses; and/or (ii) indirect, consequential or special loss, damage or injury.
- We will take every care with the Products we supply but subject to clauses 1 and 7.3 above, if we are deemed to be liable to you for any loss or damage of any kind whatsoever, arising from the supply of Products by us to you whether suffered or incurred by you or another person or entity and whether in contract or tort (including our negligence) or otherwise, then it is agreed by you, that our liability is limited in its aggregate to the price of the Products supplied.
What else are you agreeing to?
- Subject to clause 3, we are not liable for delay or failure to perform our obligations, if the cause of the delay or failure is beyond our control.
- We may amend or modify these Terms and Conditions or the terms of the Product Warranty at any time. Any such amendment or modification will be effective the next time you purchase any Products from us.
- If we fail to enforce any of the terms and conditions contained in this contract it shall not be deemed to be a waiver of any of the rights or obligations we have under this contract.
- If any of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity existence, legality and enforceability of the remaining terms and conditions shall not be affected, prejudiced or impaired.
- These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the New Zealand courts in connection with these Terms and Conditions.