Terms of sale

2.1 The sale by Heart Foundation of New Zealand (referred to in these Terms of Sale as "we", "our" or "us") of all Goods described on the Website is subject to these Terms of Sale. By submitting an Order to us, you agree to be bound by these Terms of Sale.

3.1 Any information we provide in respect of the Goods (including but not limited to price lists) does not constitute an offer to sell but constitutes an invitation to treat only, and is subject to the availability of the Goods, which may change from time to time.

3.2 An Order that is submitted by you is an offer to purchase Goods at our current price at the date of the Order (plus any delivery charges or other applicable charges payable by you).

3.3 If you submit an Order, it will be deemed as accepted by us upon receipt unless we notify you otherwise.

3.4 We will not be liable for any damage, loss or expense, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your reliance on any Order that has not been accepted by us.

3.5 A contract is formed between you and us on acceptance of the Order by us (Contract). The Contract is governed by these Terms of Sale.

3.6 You are also permitted to cancel or vary the Order if you contact us before the time the Goods are packed for delivery.

4.1 By submitting an Order to purchase any Goods described on the Website, you acknowledge and agree that:

• (a) the information you enter on the Website to place the Order is valid and correct in all respects;
• (b) the Goods described on the Website are not intended to treat, cure, or prevent any disease, are not intended to be used for any other therapeutic purpose, and have not been represented as such; and
• (c) the Goods ordered are solely for your own personal use or on behalf of an organisation or business.

4.2 You acknowledge that despite our reasonable precautions, Goods may be listed at an incorrect price or with incorrect information due to an error or oversight.

5.1 The price of Goods will be the price displayed on the Website at the time the Order is submitted.

5.2 The price of Goods is displayed in NZ dollars on the Website and includes Goods and Services Tax (unless stated otherwise).

5.3 The price of Goods does not include costs for delivery within or outside of New Zealand. Any such delivery costs shall be identified and included in the price payable for the Goods at the point of checkout online. For clarity, all costs of, and associated with, delivery will be your responsibility, unless we agree otherwise in writing.

You must pay for any Goods ordered at the point of checkout online by credit card (VISA or Mastercard only) or EFTPOS. We do not accept cash, cheque, voucher or any other form of payment for online sales.

6.1 We reserve the right to pass on any costs associated with particular forms of payment (including, without limitation, merchant fees charged on credit card payments).

6.2 If your credit card is declined by your financial institution, delivery of the relevant Order will not be made. We may contact you to seek to make alternative payment arrangements.

6.3 We reserve the right to refuse to accept payment from you by credit card for any reason whatsoever.

6.4 You will be notified of any adjustments made to the total price of your Order on the invoice, which will accompany the confirmation of our acceptance of the Order.

6.5 If you have paid an incorrect amount for any Goods ordered, we shall be paid by, or refund to, you the necessary adjustment amount to reflect the correct amount which should have been paid. To avoid doubt, delivery of the relevant Order will not be made until payment is made in full and received by us.

6.6 We reserve the right to change at any time the way in which customers pay for Goods, and any change will be notified to you prior to the change coming into effect.

7.1 Delivery will occur when the Goods are first left at your premises or at any other address nominated by you as part of the order process online and agreed by us. Your signature will not be required as proof of delivery.

7.2 Subject to your rights under the Consumer Guarantees Act, every effort will be made to deliver the Goods within the estimated delivery timeframes, but any such timeframe represents an estimate only and failure to deliver within that timeframe will not constitute a breach of the Contract, whether the delay has been due to causes beyond our control or otherwise.

7.3 We reserve the right to withhold delivery of any Goods ordered by you for any reason whatsoever. You will receive a refund equivalent to the payment you made to us for Goods that are withheld.

8.1 Risk in and title to the Goods will pass to you on delivery.

9.1 You have a right to a remedy if any Goods purchased from us do not meet a consumer guarantee under the Consumer Guarantees Act. The type of remedy, and who must provide it, will depend on the problem and which consumer guarantee was not met. If there is a major failure, you can: reject the goods and choose a refund or replacement; or ask for compensation in any drop in value of the Goods. If a fault is not major and can be repaired within a reasonable time, we may choose to: provide a refund, replace the goods or repair the goods. 9.2 If you receive a damaged Good, please contact us immediately. Do not discard any damaged packaging. We will arrange a pre-paid address for Goods damaged prior to delivery to be returned. All returns are sent via a traceable method. 9.3 Please include the following information with your return shipment:

• (a) Name and contact phone number;
• (b) Order number;
• (c) Quantity and description of each item being returned; and
• (d) Reason for return.

To avoid doubt, we will not be liable for any loss or damage whatsoever arising from such termination or suspension.

11.1 To the fullest extent permitted by law:

(a) all warranties, representations and guarantees (whether express, implied or statutory) in relation to the Goods are excluded, including, without limitation, any warranty of fitness for any particular purpose; and
(b) we will not be liable for any damage, loss or expenses, indirect losses, lost profits or consequential damages of any kind, suffered or incurred by you or any third party as a result of or in connection with our acts or omissions, the purchase of Goods from us or your use of the Goods.

11.2 Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but to the fullest extent permitted by law our liability will be limited for a breach of that condition or warranty if the breach relates to:

(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.

11.3 These Terms of Sale do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot lawfully be excluded. No provision of these Terms of Sale is intended to exclude, restrict or modify any rights you may have under the New Zealand Consumer Guarantees Act 1993. However, if you are using any Goods purchased from us for business purposes:

(a) the exclusions in clause 11.1 above will apply and the New Zealand Consumer Guarantees Act 1993 will not apply; and
(b) to the extent permitted by law, you agree that sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 will not apply.

12.1 We may vary these Terms of Sale for reasonable reasons (such as to reflect changes in law or commercial practices) and from time to time by:

(a) written notice to you specifying the variation(s) (notification); or
(b) posting the variation(s) on the Website

and any such variation will apply in respect of Goods ordered by you after the date of notification or posting, as the case may be.

12.2 These Terms of Sale, as varied from time to time, constitute the entire agreement between you and us.

12.3 You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods 1980 does not apply to any Contract or Order.

12.4 You (and any person accepting these Terms of Sale on your behalf) warrant that you have the appropriate authority to accept these Terms of Sale.

12.5 If we fail to enforce any of these Terms of Sale or fail in any way to exercise our rights under them, we will not be deemed to have waived those rights with respect to any subsequent breach of any term or condition or right.

12.6 If any provision of these Terms of Sale is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms of Sale. The invalidity or unenforceability of that provision will not affect the other provisions of these Terms of Sale, all of which remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

12.7 These Terms of Sale will be governed by and interpreted in accordance with the laws of New Zealand, and you agree to submit to the jurisdiction of the New Zealand courts.