TERMS
AND CONDITIONS
Updated : 12/07/2007
1. COPYRIGHT
1.1 MediMushrooms
™ Centre. All rights not
expressly granted are reserved.
To obtain permissions
for the commercial use of any content on this site contact:
E Mail: sales@medimushrooms.co.nz 1.2
Users may download, view and print content from this site for
private and non-commercial purposes only. 1.3
All moral rights of MediMushrooms ™ and its employees/agents are
reserved.
2. INTELLECTUAL PROPERTY
RIGHTS
2.1 All the content,
trademarks and data on this web site, including but not limited to,
software, databases, text,
graphics, icons,
hyperlinks, private information, designs and agreements, are the
property of or licensed to
MediMushrooms ™ and as
such are protected from infringement by local and international
legislation and treaties.
3. ELECTRONIC
COMMUNICATIONS
3.1 When a user visits
MediMushrooms ™ or sends e-mails to MediMushrooms , that user
consents to receiving
communications from
MediMushrooms electronically and agrees that all agreements,
notices, disclosures and
other communications sent
by MediMushrooms satisfies any legal requirements, including
but not limited, to the
requirement that such
communications should be "in writing".
4. HYPERLINKS
4.1 No person, business
or web site may link to any page on this site without the prior
written permission of
MediMushrooms . Such
permission could be obtained from the person referred to in clause 1
hereof.
5. FRAMING
5.1 No person, business
or web site may frame this site or any of the pages on this site in
any way whatsoever.
6. SPIDERS AND CRAWLERS
6.1 No person, business
or web site may use any technology to search and gain any
information from this site
without the prior written
permission of MediMushrooms . Such permission could be obtained from
the person
referred to in clause 1 hereof.
7. DISCLAIMER
7.1 Apart from the
provisions of sections 43(5) and 43(6) of the Electronic
Communications and Transactions Act,
neither MediMushrooms
nor
any of its agents or representatives shall be liable for any damage,
loss or liability
of whatsoever
nature arising from the
use or inability to use this web site or the services or content
provided
from and through this website. Furthermore,
MediMushrooms makes no representations or warranties, implied
or otherwise, that, amongst
others, the content and
technology available from this web site are free from errors
or
omissions or that the service will be 100% uninterrupted and
error free. Users are encouraged to report any
possible malfunctions
and errors to the person referred to in
clause 1. 7.2 This web site is supplied on an
"as is" basis and has not been compiled or supplied to
meet the user's individual
requirements. It is the
sole responsibility of the user to satisfy itself prior to entering
into this agreement with
MediMushrooms that
the service available from and through this web site will meet the
user's individual
requirements and be compatible with
the user's hardware and/or software. 7.3
Information, ideas and opinions expressed on this site should not be
regarded as professional advice or the official
opinion of MediMushrooms
and users are encouraged to consult professional advice before
taking any course
of action related to information,
ideas or opinions expressed on this site. 7.4 All
items purchased from MediMushrooms are made pursuant to
agreements with shipping and delivery agents
and risk of loss pass from
MediMushrooms to such agents upon delivery of any item to such
carrier. 7.5 MediMushrooms nor any of its
agents or representatives shall be liable for any damage, loss or
liability of
whatsoever nature arising from the use or
inability to use any product sold on this web site.
8. COSTS
8.1 PRICES: 8.1.1 The price of each product
varies. Contact person referred to in clause 1 hereof. In the
event of a sale or special offer, the discounted price
is displayed.
8.2 SHIPPING COSTS:
8.2.1 The cost of shipping
within the borders of New Zealand, please refer to person in clause
1 hereof. 8.3
GENERAL SALES TAX: 8.3.1
General sales tax at the rate of 12.5% is charged on goods bought by
New Zealand residents. 8.3.2 SALES TAX is not
payable on orders if both the billing and the shipping address are
international.
8.4 IMPORT DUTIES: 8.4.1
Import duties may be payable by recipients of goods in foreign
countries. MediMushrooms does not
know
what levies may be payable and cannot calculate or estimate such
costs.
9. DELIVERIES
9.1 Inside the borders of New Zealand 9.1.1 Please refer to person in
clause 1 hereof. 9.2 Outside the borders of
New Zealand 9.2.1 All goods to
international addresses are sent New Zealand post. 9.3 Delays and
cancellations: 9.3.1 MediMushrooms makes
every effort to assure that the information supplied on the site is
accurate. Where
delays
and out
of stock situations occur, every effort will be made to inform the
buyer.
10. PAYMENT METHODS
10.1 Credit card payments.
10.1.1 At the time of placing the order, the
transaction details are presented to the bank and an authorization
is
obtained for the amount of the order. 10.1.2
Payment is only collected when the order is completed and the goods
shipped. 10.1.3 Note that to protect it's own
and the interests of customers, MediMushrooms scrutinizes all
transactions very
carefully to prevent attempted fraud and a transaction may be
refused if MediMushrooms is not satisfied with
it's legitimacy.
11. RESTRICTIONS ON
SALES
11.1 Note that to protect it's own and the interests of customers,
MediMushrooms scrutinizes all transactions very
carefully to prevent attempted fraud and a transaction may be
refused if MediMushrooms is not satisfied with
it's legitimacy.
12. AGREEMENTS OF SALE
12.1 Placing an item in a
shopping basket without completing the purchase cycle does not:
12.1.1 Constitute an agreement of sale between
MediMushrooms and users cannot hold MediMushrooms liable
if such items are not available when the purchase cycle is completed later;
and/or
12.1.2 Constitute an order for such an item;
and
12.1.3 MediMushrooms may remove such an item
from the shopping basket if no stock is available.
12.2 An agreement of sale
between MediMushrooms and a user only comes into effect if and when: 12.2.1
A credit card or bank deposit authorisation is received from the issuing bank.
12.3 MediMushrooms
reserves the right to refuse to accept and/or execute an order
without giving any reasons.
MediMushrooms
also reserves the right to cancel orders in whole or in part as
circumstances dictate.
MediMushrooms
shall only be liable to refund monies already paid by the user. 12.4
MediMushrooms shall take all reasonable efforts to maintain correct
prices. However, should errors occur
and items are offered at
incorrect prices, MediMushrooms will not be obliged to sell goods at
such incorrect
prices and shall only be liable to refund
monies paid.
13. STOCK AVAILABILITY
13.1 Stocks of all goods
on offer are limited. MediMushrooms shall take all reasonable
efforts to discontinue the
offer as soon as stock
is no longer available. However, should items still be offered after
stocks are sold,
MediMushrooms
shall only be
liable to refund monies where it is unable to fulfill orders at
advertised prices.
14. SPECIAL OFFERS
14.1 MediMushrooms shall
not be liable for the sale of items at lower prices if such prices
were increased and users
and/or
purchasers could not, for any reason whatsoever, conclude an
agreement of sale while such prices
remained low. 14.2
If MediMushrooms supplies the wrong product or if the product is in
any way faulty or damaged,
MediMushrooms
will exchange
it for the correct one. However, if the product is no longer being
offered at
the special price, it will not
be replaced
and MediMushrooms will refund the purchase price excluding
delivery
costs.
15. VOUCHERS
No Vouchers available
16. GUARANTEE
16.1.1 If MediMushrooms supply the wrong product or
if the product is in any way damaged or faulty as a result of a
manufacturing defect, MediMushrooms will exchange it for the correct
one within 14 days of receipt by the
customer. MediMushrooms will make a reasonable effort to exchange
the product, but if replacement is not
possible, MediMushrooms will refund the purchase price excluding
delivery cost. Please note: goods are not
guaranteed against faults resulting from normal wear and tear. 16.1.2 Special offers: If MediMushrooms supplies the wrong product or if
the product is in any way faulty or damaged,
MediMushrooms will exchange it for the correct one. However, if the
product is no longer being offered at the
special price, it will not be replaced and we will refund the
buyer's purchase price excluding delivery costs. 16.1.3 If the user is not satisfied with his/her choice and the product is
still in mint condition, the user may return it
within
14 days of receipt by the customer and MediMushrooms will refund the
purchase price
(excluding delivery costs).
MediMushrooms is not responsable for returning delivery costs.
16.1.4 Note that once opened, the goods will
not be accepted for a refund and will not be replaced.
17. HEALTH
The products and the claims made about
specific products on or through this site are not approved to
diagnose, treat, cure or prevent disease. The information provided
on this site is for informational purposes only and is not intended
as a substitute for advice from your doctor or other health care
professional or any information contained on or in any product label
or packaging. You should not use the information on this site for
diagnosis or treatment of any health problem or for prescription of
any medication or other treatment. You should consult with your
doctor or a healthcare professional before starting any diet,
exercise or supplementation program, before taking any medication,
or if you have or suspect you might have a health problem.
MediMushrooms are not liable for any health problems or adverse
reactions that may result from using any of the products described
on the site.
18. CODE OF CONDUCT
18.1 All products Packed under
Strict Pharmaceutical Control .Medical Control Council Reg No
123456789.
All Products
and Storage Facilities Inspected by MCC.
19. GOVERNING LAW
19.1 This site is hosted,
controlled and operated from New Zealand and
therefore governed by
New Zealand law.
20. PRIVACY
20.1 MediMushrooms shall
take all reasonable steps to protect the personal information of
Users.
20.2 MediMushrooms may
electronically collect, store and use the following personal
information of Users: 20.2.1 E Mail
Address
20.2.2 First Name
20.2.3 Surname
20.2.4 Delivery address
20.2.5 Delivery Suburb
20.2.6 Delivery Town
20.2.7 Province
20.2.8 Postal/Zip code
20.2.9 Phone Number 20.2.10 Country of
residence 20.2.11 IP address. 20.3
MediMushrooms collects, stores and uses the abovementioned
information for the following purposes: 20.3.1
To greet the User when he/she accesses the MediMushrooms web site; 20.3.2
For Courier Company's to deliver goods.
20.3.3 Information detailed above is collected
either electronically by using cookies or is provided voluntarily by
the User. Users may determine cookie use independently through their browser
settings.
20.3.4 MediMushrooms may collect, maintain, save,
compile, share, disclose and sell any information collected from
users, subject to the following provisions: 20.3.5
MediMushrooms shall not disclose personal information from Users
unless the User consents thereto. 20.3.6
MediMushrooms shall disclose information without the User's consent
only through due legal process; and 20.3.7
MediMushrooms may compile, use and share any information that does
not relate to any specific individual.
20.3.8 MediMushrooms owns and retains all rights
to non-personal statistical information collected and compiled by
MediMushrooms.
21. SECURITY
21.1 Any person
that delivers or attempts to deliver any damaging code to this web
site or attempts to gain
unauthorised
access
to any page on this web site shall be prosecuted and civil damages
shall be claimed
in the event that MediMushrooms suffers any damage or loss. 21.2
The user agrees and warrants that its log-in name and password
shall: 21.2.1 Be used for personal use only;
and 21.2.2 Not be disclosed to any third
party. 21.3 The user allows MediMushrooms to
take all reasonable steps to ensure the integrity and security of
the
MediMushrooms site and back-office applications. 21.4 All credit card transactions are Secure Socket Layers encrypted. The
company registration documents and the
site's
registered domain name are checked and verified.
22. CHANGES TO AGREEMENT
22.1 MediMushrooms may,
in its sole discretion, change this agreement or any part thereof at
any time without
notice.
23. DISPUTES
23.1 In the event of any
dispute of any nature whatsoever arising between the parties on any
matter provided for in, or
arising out
of this agreement, and not resolved through the Customer Relations
Department of MediMushrooms,
then such a
dispute shall be submitted to confidential arbitration in terms of
the expedited rules of the Arbitration
Foundation of
New Zealand. Arbitration proceedings shall be conducted in English.
24. DOMICILIUM
24.1 MediMushrooms chooses as
its domicilium citandi et executandi for all purposes under this
agreement, whether in
respect of court
process, notice, or other documents or communication of whatsoever
nature. 25. TERM AND TERMINATION
25.1 This agreement shall commence
when the user registers on the MediMushrooms site and continues
indefinitely
until terminated by
MediMushrooms in terms of clause 21 hereto or for any other reason.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM:
http://www.gcsb.govt.nz/aboutus/legislation.html
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