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

 
 

Email: Customer Support


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