Terms & Conditions





Terms of Use Agreement


Introduction

Welcome.  This Terms of Use Agreement sets forth the Agreement between the homepage owner you are coming from (or “THE COMPANY” or “we” or “us” or “our”) and each user ("you" or "user" or “customer”) governing the use by you of THE COMPANYs site. Please read this Agreement carefully before using THE COMPANYs site. By using THE COMPANYs site, you signify your assent to this Terms of Use Agreement. If you do not agree to the terms and conditions contained in this Terms of Use Agreement you may not access, purchase from, or otherwise use THE COMPANYs site. This Agreement applies to any transaction or relationship between the parties, including those related to the use of this website and/or the purchase and sale of merchandise through this website or from THE COMPANY by other means, email and telephone communication, and postings to the THE COMPANY contact submission forms.


Order Acceptance
By placing your order on our website, you authorize us to charge your credit card (or others) for the amount calculated during your order. Please note that there may be certain orders that we are unable to accept, either in full or in part, and must cancel or modify. We reserve the right, at our sole discretion, to refuse, cancel or modify any order for any reason.

Some situations that may result in your order being canceled or modified include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; address inaccuracies; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled by us after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.


Returns
When you purchase through the THE COMPANY (incl. the shop) website you may return any UNOPENED PRODUCT  in its original, undamaged, condition WITHIN THIRTY (30) DAYS of receiving the order, and receive a refund of the original amount charged for the products, less a 10% restocking fee. You will not be refunded for shipping. Shipping charges will only be refunded if the return is due to our error. Contact us through this website to obtain authorization to return your order. You must write the Return Authorization number on the outside of your package. All returns should be accompanied by a copy of your sales receipt packing slip and must be returned within the 30 day time period. After your return has been received it will take a few days to process. If you originally ordered through Paypal using a credit card, refunds will be credited to your account. Due to manual transaction bank charges, we will not be able to issue a refund for customers outside Europe (EU) who have purchased by cheque or money order. As an option, you may also apply the credit to your account with us to be used toward future purchases. NOTE: Credits for returns are subject to our acceptance of the condition of the goods returned. A Return Authorization number is not a guarantee that a credit will be issued. Mail returns to THE COMPANY. Personalised products and/or methods are excluded from this policy.
 


Pricing or Typographical Errors
We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, THE COMPANY shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will modify your order to the accurate price, may contact you for instructions, or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.


Items for Resale
THE COMPANY reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer at the point of purchase, or by e-mail and/or billing address provided should such limits be applied. THE COMPANY also reserves the right to prohibit sales to resellers who have not contacted us using the contact form.


Not Healthcare Advice
The products, information, services and other content provided on and through THE COMPANYs site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding treatment options.

The information provided on THE COMPANYs site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.

You should not use the information or services on THE COMPANYs site, or via other communication with THE COMPANY for diagnosis or treatment of any health issue or for prescription of any medication or other treatment.

THE COMPANY is not responsible for any product or service sold on or through THE COMPANYs site or any claims of quality or performance made on or through THE COMPANYs site, including any claims of quality or performance made on or through any site to which THE COMPANYs site links (each a "Linked Site"). You are advised that other sites on the internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. THE COMPANY expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site.


Copyright and Trademarks
All website design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of THE COMPANY or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with THE COMPANY.

Any other use of materials on THE COMPANYs site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of THE COMPANY is strictly prohibited.

THE COMPANY and all logos, page headers, custom graphics and icons are service marks and/or trademarks of THE COMPANY or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on THE COMPANYs site are the property of their respective owners.


No Warranty - Disclaimer
THE COMPANY is providing THE COMPANYs site and its contents on an "as is" basis. THE COMPANY and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to THE COMPANYs site or its contents, including without limitation the products, information or services offered or sold on or through THE COMPANYs site or any Linked Site and the uninterrupted and error-free use of THE COMPANYs site. THE COMPANY and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. THE COMPANY and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by THE COMPANY or its affiliates will create any warranty not expressly set forth herein. Your use of THE COMPANYs site and any Linked Site is at your sole risk.


Site Usage/Termination of Usage
You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying THE COMPANY

You agree to use THE COMPANYs site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through THE COMPANYs site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use THE COMPANYs site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon. You further agree that you will not access our website by any means except through the interface provided by THE COMPANY for access to the site. You agree that you will not access THE COMPANYs site from any territory where its contents are illegal, and that you, and not THE COMPANY and its affiliates, are responsible for compliance with applicable local laws.

These terms are effective unless and until terminated by either you or THE COMPANY. You may terminate this Agreement at any time, provided that you discontinue any further use of THE COMPANYs site. THE COMPANY also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in THE COMPANY's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or THE COMPANY or its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from THE COMPANYs site, as well as all copies of such materials, whether made under the terms of use or otherwise.

You agree that THE COMPANY may terminate or suspend your access to all or part of THE COMPANYs site, without notice, for any conduct that THE COMPANY in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, THE COMPANY or its affiliates.


Limitation of Liability
THE COMPANY AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPANYS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THE COMPANYS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE COMPANYS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Notwithstanding the foregoing, the sole and entire maximum liability of THE COMPANY and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from THE COMPANY on THE COMPANYs site.

You agree to indemnify, defend and hold harmless THE COMPANY and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to THE COMPANYs site.


Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of New Zealand without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in New Zealand and further agrees that any cause of action arising from or relating to the use of THE COMPANYs site or this Agreement shall be brought exclusively in New Zealand Courts.


Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."


Entire Agreement
This Agreement constitutes the entire and only Agreement between THE COMPANY and each user of THE COMPANYs site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of THE COMPANYs site and your use of THE COMPANYs site shall be deemed acceptance of and assent to this Agreement by you.


Changes to Terms of Use Agreement
This information was last updated on Dec 11, 2011. THE COMPANY may, in its sole discretion, amend this Terms of Use Agreement from time to time. Please check this Agreement area periodically for changes. Use of this website after any modification implies that you consent to this Agreement as modified.


Miscellaneous
The failure of THE COMPANY or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of THE COMPANYs site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty - Disclaimer" and "Limitation of Liability" provisions of this Agreement are for the benefit of THE COMPANY and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf. With the prior agreement of THE COMPANY any claim, dispute or controversy arising or concerning THE COMPANYs site and/or this agreement shall be decided by binding arbitration and any such arbitration pro brought and held in New Zealand. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.

 

EARNINGS DISCLAIMER

ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY ESTIMATES OF WHAT WE THINK YOU COULD EARN. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

WHERE SPECIFIC INCOME FIGURES ARE USED, AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED THAT AMOUNT. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON The Companies WEBSITE ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS.

THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.

MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES.

THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL. THERE IS NO ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.

INTERNET BUSINESSES AND EARNINGS DERIVED THERE FROM, HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEBSITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL.

ALL PRODUCTS AND SERVICES BY THE COMPANY ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER OR PROFESSIONAL ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION.

USERS OF OUR PRODUCTS, SERVICES AND WEBSITE ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM.

YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY OUR COMPANY PRODUCTS OR SERVICES.

 

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