Terms and Conditions

In the event the transaction – the subject of these conditions of sale – is subject to various Acts of the New Zealand Government, including the Commerce Act 1986, the Fair Trading Act 1986, the Consumer Guarantees Act 1993 and the Sale of Goods Act 1994 then:
» Where the buyer is acquiring the product for the purpose of business then the Acts shall not apply.
» In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Acts, to the intent that no provisions shall any way limit the purchaser’s rights under the Acts.
» The seller reserves the right to despatch the buyer’s order in one delivery or by instalments. Where the seller accepts an order which provides for delivery by instalments the seller shall be entitled to payment for each instalment delivered (as if it were a separate contract) but failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any remaining instalments.
» Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.
» The seller will select the method/type of delivery and free delivery within New Zealand that will apply to this case. Where the buyer requests another method of delivery and the seller agrees in writing then the buyer shall meet the cost of that delivery. Cost of delivery and insurance to overseas destinations is the responsibility of the buyer and method may be selected from available choices provided by the seller.
» Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim.
» Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
» » Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received.
» » Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
» » Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
» No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.

Goods supplied in accordance with the buyer’s order can only be returned in accordance with the Right of Return policy displayed on the seller’s website as follows:
» » Goods may be returned by consumers for refund within 30 days of the despatch date. Damaged goods cannot be accepted [ refer to damage in transit above ]. Where goods are returned for refund the original invoice number must be quoted.
» » Where goods are accepted for refund they must be delivered at the buyer’s expense into the seller’s store.
» » The seller reserves the right to levy a restocking fee against any returns the seller may agree to accept. Such fees maybe up to 25% of the invoice priced and levied at the seller’s absolute discretion.
» The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and the seller is under no liability if they are not.
» The buyer is entitled to only such benefits as the buyer may receive under any specific written guarantee given by the seller and as the seller may receive under any guarantee given by the manufacturer of the goods.
» In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 12 months of the date of supply, provided always that such defective parts are promptly returned to the seller, at the buyer’s expense, unless otherwise arranged. The seller shall not be liable for consequential, indirect or special damages or loss of profits under any circumstances. At the termination of the appropriate period (i.e. the guarantee period or 12 months as indicated above) all liability on the seller’s part ceases.
» The warranty does not cover damage from misuse, accident, negligence, inappropriate or improper operation, maintenance, installation, modification or adjustment.
» The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
» Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by the seller or by the source to the buyer or his agent or to a carrier for delivery to the buyer.
» Ownership of all goods sold by the seller (“the goods”) is retained by the seller until full payment is received for all amounts owing in respect of all goods supplied. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
» Until full payment is made the buyer agrees to:
» » Enable the goods to be readily identifiable as the property of the seller.
» » Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
» » On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.
» Prior to the buyer acquiring property in any goods the seller may at any time directly or by its agents or servants enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed then:
» » The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and
» » The buyer will reimburse, indemnify and hold harmless the seller, its employees and agents in respect of any costs (including legal costs on a solicitor-client basis), expenses, loss or damage (including such to any third parties) in respect of the exercise or attempted exercise of the seller’s remedies, and
» » The seller may cancel any or all contracts with the buyer and the seller will not be liable to the buyer therefore, and
» » All moneys owing by the buyer to the seller on any account whatsoever shall become immediately due and payable, and
» » The value of such goods seized shall be assessed as the lesser of current market value or the invoice value at the time of sale and may be subject to a restocking fee as for Return of Goods for Credit or Refund above. Any excess after satisfying all of the buyer’s payment obligations (including under the indemnity) will be paid to the buyer.

The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.

Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that:
» » These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
» » A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the parties relationship;

The buyer undertakes to:
» » sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
» » indemnify, and upon demand reimburse, the seller for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby;
» » not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the seller;
» » give the seller not less than 14 days prior written notice of any proposed change in the buyer’s name and/or any other change in the buyer’s details (including but not limited to, changes in the buyer’s address, facsimile number, or business practice); and
» » immediately advise the seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.
» Unless otherwise agreed to in writing by the seller, the buyer waives its right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999.

The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller’s administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.

Modifications and improvements to the seller’s products are constantly being made. Also, the seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take appropriate action.

The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller’s control.

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.

The contract including these terms and conditions of sale shall be governed by New Zealand Law.

The seller may collect, safeguard and use non-personal web-site information about the buyer as the buyer browses www.boutiquehealth.bayoflaura.co.nz. Non-personal web-site information is collected automatically and available as collective or aggregate summary. The seller may collect, safeguard and use personal information about the buyer as the buyer knowingly submits or enters information at www.boutiquehealth.co.nz. Personal information is electively and voluntarily disclosed by the buyer and is collected individually with the buyer’s permission. Any information collected about the buyer is safeguarded and used to serve the buyer and to help the buyer to arrive at informed decisions and outcomes using www.boutiquehealth.bayoflaura.co.nz, the seller’s web-site, products and services available. The seller neither trades nor allows third party access to the buyer’s personal information without the buyer’s consent. The seller may only disclose personally identifiable information when legally compelled, to enforce or apply our terms and conditions, or protect the rights, property, or safety of the seller. The seller’s privacy policy is limited to www.boutiquehealth.bayoflaura.co.nz web-site and does not apply to ‘linked’ (hyperlinked) web-sites, neither connecting to nor connecting from www.boutiquehealth.bayoflaura.co.nz web-site. Review → your privacy policy →.

These terms and conditions were last updated July 31, 2008.