These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were adopted on 1st November 2015, and have not been updated since then.
1 Our Products
1.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
1.2 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.
2 Use of our site
Your use of our site is governed by our Terms of Website Use https://www.nzspinaltrust.org.nz/terms-of-use.html Please take the time to read them, as they include important terms which apply to you.
3 How we use your personal information
A person of any age may purchase Products from our site.
5 How the Contract is formed between you and us
5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an email that confirms that the Product(s) have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If we are unable to supply you with a Product, for example because the Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by email and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible.
6 Our right to vary these Terms
6.1 We may revise these Terms from time to time including, in particular, to reflect changes in:
(a) how we accept payment from you;
(b) our delivery arrangements; and
(c) relevant laws and regulatory requirements.
6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
7 Right of return
Details of your right to return Products are set out in our Returns Policy.
8.1 We will endeavour to dispatch the Products within five working days from the date of your order. If we anticipate we will be unable to meet this delivery date, we will contact you with a revised delivery date and you may, if you wish, cancel your order.
8.2 All orders will be delivered by NZ Post, Courier Post or PostHaste, using Track & Trace. The Despatch Confirmation will include the Track & Trace reference number for the package containing your Product. You will be able to track delivery of the package by clicking on the hyperlink in your delivery confirmation email.
8.3 Delivery will be completed when the Products are delivered to the address you gave us.
8.4 The Products will be your responsibility from the completion of delivery.
8.5 You own the Products once we have received payment in full, including all applicable delivery charges.
9 International delivery
9.1 We are able to deliver internationally
10 Price of Products and delivery charges
10.1 The prices of the Products will be as quoted on our site from time to time. All prices are in New Zealand dollars. We take all reasonable care to ensure that the prices of the Products are correct at the time when the relevant information was entered on to the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
10.3 The price of a Product deliverable in New Zealand includes GST at the applicable current rate chargeable in New Zealand for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.
10.4 The price of a Product does not include delivery charges. The delivery charges are calculated in the Shopping Cart as a result of the volume of materials to be dispatched. This is calculated prior to checkout.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11 How to pay
11.1 You can only pay for Products using a credit card. We accept Mastercard & Visa only.
11.2 Payment for the Products and all applicable delivery charges is in advance, at the time you place your order.
12 Our liability to you
12.1 If we fail to comply with these Terms, we are not responsible for any loss or damage that is not foreseeable.
12.2 You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability under the Consumer Guarantees Act 1993.
13 Events Outside Our Control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14 Communications between us
14.1 If you wish to contact us for any reason, you can send this to us using the contact page on our site or by email or mail to Private Bag 4708, Christchurch 8140, NZ.
14.2 If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the address you provide us in your order.
15 Other important terms
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 Please note that these Terms are governed by New Zealand law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by New Zealand law. You and we both agree that the courts of New Zealand will have non-exclusive jurisdiction.