Web shop Terms and Conditions

In these terms:

1.1 Purchasable E-resources means electronic e-resources that can be emailed and not posted

1.2 Approved Organisation means an organisation that has been previously approved by us

1.3 “You” or “your” is the entity either named as purchaser in our documentation or the party to whom we invoice for the provision of items as defined below and includes your permitted assigns and successors

1.4 Each accepted order is a separate agreement

1.5 Headings are for convenience only and do not affect interpretation

1.6 A reference to “written” or “in writing” includes all modes of presenting or reproducing words, figures and symbols in a tangible and permanently visible form.

2.1 You can either establish an account with us or continue as a guest to make a purchase. In either case you agree:

a)  Provide true, accurate, current and complete information about you and/or any organisation you represent as prompted by the Web shop registration form; and

b) If you represent an organisation, you have the authority to purchase on its behalf on these terms; and

c) You will maintain and promptly update your account information to keep it true, accurate, current and complete; and

d) You will keep your account details (including your password) confidential and secure; and

e) You are fully responsible for all activities that occur under your password and account; and

f) To immediately notify us of any unauthorised use of your password or account or any other breach of security.

2.2 We may suspend or terminate your account and/or refuse to sell you Items if we consider your account’s security has been compromised, or the information that you provide is misleading, incomplete, inaccurate or your method of payment is not effective to pay us.

3.1 Please review our Privacy Statement.
 
3.2 We will collect personal information about you through the Web shop and transactions you enter into including without limitation your contact information, cookies, payment method and a record of the Items you purchase. You agree that we may obtain, hold, use and disclose any information about you for the following purposes: 

a) Administering our services including Web shop and the provision of Items 

b) To collect any money owed to us 

c) To deal with any malicious activity against us; or 

d) To co-operate with any regulatory or law enforcement agency 

e) Marketing items to you.

3.3 You authorise any person, company or other organisation to provide information and copies of any documents concerning you to us for any of the above purposes. You can access and request correction of any personal information held by us by emailing: [email protected].

4.1 We do not send Items from our Web shop outside of New Zealand.
 
4.2 We may remove Items from sale at our sole discretion. 
 
4.3 We strive to have the most up-to-date descriptions and images of Items on our Web shop. We also revise our range of Items regularly. Suppliers regularly update and change the packaging and shape of their products and there may be times when what we supply you may differ from the description and photo at the time of purchase. All orders are subject to the availability of Items and we may modify the terms of sale of an Item or Items at any time.  If the specifics of the Item as shown on our Web shop are essential to you, please check the specifications prior to making an order. 
 
4.4 We may reject an order for any reason including without limitation: 

a) Unavailability of Item  
b) An error in the price, image or the Item description  
c) Activity on your account that causes us to suspect inappropriate ordering  
d) We no longer wish to sell the Item 
e) You are purchasing from outside of New Zealand; or  
f) Error in your order. 
 
If your order is rejected, we will provide you with a refund.  

5.1 An Item or Items may be displayed at a discounted price (“on sale”) from time to time. The Items, pricing, availability, start and end date of the sale will be determined by us, and are subject to our right to reject orders. We do not guarantee availability of any specific Item on sale.  
 
5.2 Items sold on sale may have shorter expiry dates, or minor defects. We will make reasonable efforts to disclose any shorter expiry dates or significant defects to the Items on our Web shop but do not guarantee that we will always be able to do so. If the specifics of the Item on sale as shown on our Web shop are essential to you, please check the specifications prior to making an order.
 
5.3 All sales of Items purchased while on sale are final, and no returns or exchanges are accepted unless the Item is significantly different from its description or is damaged beyond the defects disclosed on our website.  
 
5.4 It is ultimately your decision to purchase and use any Items on sale and therefore by ordering you acknowledge that we are not liable for any direct/indirect/consequential injury, damage, loss or expense resulting from the use of any Items purchased on sale.  

6.1 We reserve the right to monitor and limit the purchase amounts of Items at our sole discretion. Where a limit applies to a product, we will make reasonable efforts to post this on our website but do not guarantee that we will always be able to do so. If your order exceeds the limit, we reserve the right to cancel your order and provide a refund.

7.1 All Items are sold on the basis that you will read and follow the producer’s instructions for use. 
 
7.2 We also do not promise that the Items will be suitable for any use not specifically stated by their producer.  
 
7.3 It is up to you to determine if an Item is suitable for your use.  
 
7.4 If an Item is not compliant with its instructions for use, then please return the Item and we will provide a refund.  
 
7.5 Except as set out in these terms, and by law that we cannot contract out of, we are not responsible for any direct, indirect, consequential or other loss or harm arising out of or in connection with Items you obtain from us. 
 
7.6 Where we are liable to you for any reason, our liability is limited to the value of the Items purchased plus the cost of delivery. 
 
7.8 All intellectual property rights in Items that we create ourselves are retained by us. On payment in full, such Items are for personal use only.  In all other circumstances, you must get written permission from us before you reproduce any such Items. We do not warrant that Items do not infringe third party rights. 

8.1 All prices stated are: 

a) In New Zealand currency; and 
b) Are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise; and 
c) Do not include the cost of delivery or any bank or other financial transaction costs your financial provider might charge. 

 8.2 We may change the prices of Items on Web shop at any time.  

9.1 Payment by credit card in full is required at the time of purchase, unless you represent an Approved Organisation and have selected invoice at the time of purchase.   
 
9.2 Credit card payment for Items can only be made by a valid Visa or Mastercard credit card with sufficient credit to pay the full price of Items purchased.   
 
9.3 If you represent an Approved Organisation and select invoice for payment at the time of purchase, an invoice will be emailed to you within three working days of placing your order at the email address you supply when you place your order. Your order will be processed once your invoice has been paid in full.   

10.1 All credit card payments are processed via Windcave’s secure payments system and are subject to Windcave's terms and conditions. Click here https://www.windcave.com/terms-and-conditions for a copy of Windcave’s terms and conditions. 

11.1 We only deliver to New Zealand street addresses or Post Office boxes. We do not deliver to overseas addresses.  
 
11.2 Shipping costs are calculated at checkout. New  Zealand orders are sent via New Zealand Post, or Post Haste. 
 
11.3 We endeavour to dispatch your order within two working days. You will receive an e-mail once your order has been shipped. If you have not received an email from us regarding delivery within five working days please follow up with us at [email protected]. 
 
11.4 Delivery can take approximately 2-5 working days for urban delivery, and 2-10 working days for rural delivery after dispatch. You acknowledge that once the order has left our premises, we have no control over the delivery time. In case of any delays beyond those stated in this clause, please contact us and we will seek an update from the delivery company.   
 
11.5 If we are unable to deliver your order, we will contact you as soon as possible to make alternative arrangements or to arrange a refund. 
 
11.6 Risk in Items passes to you upon dispatch from us. If Items are damaged in transit or do not arrive after they have been picked up from us by our delivery service, we will assist you to make a claim against the delivery service by providing full shipping details. If Items are proven to have been damaged by us prior to dispatch, we will provide a replacement at our cost or a refund. That will be the extent of our liability to you for non-delivery or Items damaged in transit.  
 
11.7 Shipping will not be charged on Items that can be delivered electronically. These items will be emailed to you no later than two working days after your purchase. Please add [email protected] as a safe sender in your email to avoid electronic items ending in your spam folder. Please note that purchasable E-resources, will be sent to you by email as an attached PDF. Purchasable E-Resources do not automatically download immediately after purchase. These are manually sent to each individual purchaser — usually within two working days. 

12.1 We cannot give you a refund if you change your mind about an Item, so please choose carefully. We are not obligated to refund Items unless they are defective or damaged. But if you are unsatisfied with any Items, please call us and inform us so we can improve our service and we will discuss possible options.  
 
12.2 If an Item is faulty, you must notify us in writing to [email protected] within three working days of receipt by email and include your contact details, order number, proof of purchase and clearly describing the issue. Please take photos of damaged Items and packaging and email us those photos. We will meet our obligations under the Consumer Guarantees Act to provide a remedy. 
 
12.3 We reserve the right to decide in our sole discretion whether we will accept the return of any Item for refund or replacement. We will not accept return of any Item that has been tampered with, where the damage has resulted from misuse or incorrect storage by you or where the Item is expressly sold on a no-returns basis. Where returned Items are not accepted, they will be returned to you at your cost or destroyed if you do not wish to have the Item returned to you. Receipt by us of returned Items does not constitute acceptance for any purposes. 
 
12.4 Where an Item is eligible for a refund, we will endeavour to refund you within seven working days. Refunds will be issued in the original form of payment. 

13.1 If you feel you need assistance with your Web shop order you can call us at Sexual Wellbeing National Office on (04) 384 4349 or, email [email protected].