Website Terms of Sale
Manuka Health New Zealand Limited (we, us or our) is a leading New Zealand natural health company and we manufacture and sell New Zealand bee products in a range of countries.
These Terms and Conditions of Sale (Terms) govern the supply of our products to you that you order via the Manuka Health website at Manuka Health and any websites or applications operated by us (Website).
By ordering any products using our Website, you agree that you are bound by these Terms. If you do not agree to anything in these Terms, then you should not order any products from us. You should read these Terms carefully and contact us if you have any queries about them.
References in these Terms to we, us or our are references to Manuka Health New Zealand Limited.
References to you or your are references to the person or entity ordering our products.
If you are ordering our products on behalf of another entity, you represent and warrant that you are entitled to bind that entity and you have its authority.
To purchase any of the products available from the Website (Products) or to open an account with us, you must provide us certain information, including your name, address, contact details and payment information.
You agree that all information you provide us about you at any time will be accurate, up to date and complete.
If you are a member of this Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer, your account or your password.
You agree to accept responsibility for all activities that occur under your account or password unless there are reasons where you have no ability to prevent unauthorised use of your account. You must tell us immediately if you believe some person has accessed your account without your authority and you must log in to your account and change your password.
Our listing of Products on the Website constitutes an invitation for you to make an offer to purchase those Products.
By clicking to confirm an order to buy a Product from us via this Website, you acknowledge that you are offering to purchase that Product from us.
We will be deemed to have accepted your offer where acceptance is confirmed in an email or other message or by the dispatch of the Product to the last delivery address advised by you.
Price of Products
The price payable by you for a Product will be the price at the time you click to offer to purchase that Product, in the absence of any errors on our part. We will let you know if any such errors arise and either of us can then cancel your order.
The price of any Product may change over the time it is listed on this Website. It is your responsibility that you are up to date with the latest price of the Products at the time you make your offer.
Only one discount (if applicable) can be used per order.
Prices listed on this Website include GST for New Zealand consumers only. Prices on this Website exclude VAT and other applicable taxes for all other jurisdictions (unless otherwise expressly stated), which will be added if applicable at the point of checkout or payment.
Prices listed on this Website may or may not include any delivery costs depending on factors such as the size of the order and the delivery location. You should check our Shipping Terms located on our Website as they are updated from time to time (Shipping Info | International & Domestic | Mānuka Health – Manuka Health). Those policies form part of these Terms.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time and should not be relied on by you.
When offering to purchase a Product, you must pay the price for that Product in full using credit or debit cards or through such other payment methods described in the payment section of our Website, unless otherwise agreed in writing with us.
All charges relating to a payment, including any charges applied where payment is made in a currency other than New Zealand dollars, will be borne by you.
We may use an agent or service provider to process any electronic payment transaction. You agree that we may share your personal information with that agent or services provider to the extent necessary to process that payment transaction.
If any payment amount is insufficient or any payment is otherwise declined, the order of the applicable Product will automatically be terminated.
Once you have purchased a Product, we will deliver that Product to you in accordance with the delivery option you elected when you completed your order. To that end, the Shipping Terms apply and you agree that you have read and understood our Shipping Terms.
Cancellations and returns
You are not permitted to cancel any order once the Product has been shipped except to the extent permitted by applicable law. If you try to cancel any order once the Product has been shipped, you agree that we will not be liable to refund any amount paid by you in relation to the purchase of that Product.
If any Product is defective upon delivery to you, you may notify us and return the Product to us, and we will provide you with a credit or replacement for the defective Product.
Some items in our store may be offered to you as a subscription. When you purchase a subscription, you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select.
Your payment details will be stored securely and you'll be charged for each of these deliveries, unless you choose to pay in advance.
Some subscriptions may auto-renew at the end of their duration. If you don't want to renew a subscription, or you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can manage your subscription from there.
See our ‘Cancellation and returns’ section above for more details on returns and refunds.
Risk and title
Risk in all Products you order will pass to you upon delivery of the Products to you.
Title in the Products you purchase will not pass until you have paid all amounts owing for the Products in full and the Products are in your possession. Title in the Product will pass to you on the later of payment for the Products in full and delivery of the Products to you.
If you purchase Products from us for a business purpose, then you agree that any statutory guarantees and implied terms, covenants and conditions are excluded and do not apply, including those contained in the New Zealand Consumer Guarantees Act 1993.
If you are a consumer and purchasing the Products for personal use, nothing in these Terms affects your rights under the New Zealand Consumer Guarantees Act 1993.
Other than under the New Zealand Consumer Guarantees Act 1993, our liability for any Product will be limited to one or more of the following at our option:
a) the replacement of the Products or supply of equivalent products;
b) the payment of the cost of replacing the Products or of acquiring equivalent products (in cash or by credit)
In no event will we be liable (whether in contract, tort (including negligence), or otherwise) to you for:
a) loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature,
b) arising directly or indirectly out of your use of the Website or your purchase of any Products, even if we had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by us.
Our maximum liability to you arising out of any and all claims relating to your use of the Website or the purchase of any Products (whether in contract, tort (including negligence) or otherwise) will not in any circumstances exceed NZ$100.
We may amend these Terms from time to time without notifying you. The current and binding Terms that apply to the purchase of Products will be the version displayed on the Website at the time you place your order.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
We will not be liable to you for any breach of, or failure to perform, any of our obligations under these Terms where our breach or failure is caused by anything beyond our reasonable control, including (without limitation) war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, weather phenomena or other act of God, governmental regulation, order or direction.
These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
These Terms , and any disputes arising from or relating to the conduct covered by the Terms, are governed by the laws of New Zealand. You hereby submit to the exclusive jurisdiction of the courts of New Zealand.