TERMS OF PURCHASE
1.
Terms of Purchase: These Terms of Purchase will govern the purchase of any goods (“Goods”) you make through this website. You should read and ensure you understand these Terms of Purchase before ordering (“Order”) any Goods through this website. If you do not agree with any of these Terms of Purchase you must not Order Goods through this website.
2.
Terms and Conditions of Use and Privacy Policy: In addition to these Terms of Purchase, the Terms and Conditions of Use (“Terms and Conditions”) and the Privacy Policy also govern your access to and use of the website. You should ensure that you have read the Terms and Conditions and the Privacy Policy in conjunction with these Terms of Purchase. By accessing this website you are deemed to have read and agree to be bound by the Terms and Conditions the Privacy Policy and these Terms of Purchase.
3.
Order: You may Order Goods described on this website for the price specified on this website.
4.
Details: Your Order must contain your name, email address, credit card details, billing address, delivery address and any other ordering information specified on this website.
5.
Cancellation: You may not cancel an Order once it has been submitted provided that Comvita may reject your order at any time and is not required to give reasons for rejecting your order.
6.
Rejection: If we reject your Order for any reason, neither of us will be under any further obligation to the other arising out of your Order or our rejection of that order.
7.
Reimbursement: If we reject your Order we undertake to reimburse you for any payments already received by us.
8.
Delivery: Delivery of the Goods to you will take place in the manner chosen by Comvita unless agreed otherwise with you.
9.
Title: Title in the Goods does not pass to you until payment has been received in full by Comvita or its agent.
10.
Payment: Payment must be effected in the manner described on the website. Prices are exclusive of goods and services tax unless otherwise stated. In all other respects, the price is also exclusive of taxes, duties and charges imposed or levied in New Zealand or overseas in connection with the supply of the goods.
11.
Capacity: The goods are offered for sale only to persons who can make legally binding contracts.
12.
New Zealand Law: Details contained on this website relating to Goods have been prepared in accordance with New Zealand law and may not satisfy the laws of any other jurisdiction. We do not warrant that the details on this website concerning those Goods will satisfy the laws of any other jurisdiction. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details do not satisfy the laws of your jurisdiction, you may not Order any Goods from this website.
13.
Combined Terms: These Terms of Purchase together with any additional terms and conditions contained in the invoice or any other similar document issued by Comvita shall be the terms which govern your purchase of the Goods.
14.
Possession and Risk: Possession and risk in the Goods shall pass to you upon delivery of the Goods to your agent or carrier or upon delivery of the Goods to the address supplied by you when ordering from this website.
15.
Incorrect Orders: Short or incorrect goods must be reported to Comvita within seven working days of their receipt together with the invoice number. Any goods returned must be clean and free from price markings. Goods that have been damaged or are not resalable may not be credited in full.
16.
Defective Goods: Defective goods returned which show obvious defects shall be replaced or credited upon authorisation by Comvita.
17.
Returns: For goods ordered in excess of your requirements or in error, Comvita reserves the right to charge a handling fee of up to 20% of this original invoice value. An authorisation is required by Comvita prior to the return of any goods and Comvita is under no obligation to grant any such authorisation.
18.
Exclusion of Liability: Under no circumstances will Comvita, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including but without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to Goods supplied pursuant to an Order placed on this website or in respect of any failure or omission on the part of Comvita to comply with its obligations as set out in these Terms of Purchase in respect of the sales of Goods to you.
19.
Limitation of Liability: In the event that any limitation or provision contained in these Terms of Purchase is held to be invalid or unenforceable for any reason and Comvita becomes liable for any loss or damage that would otherwise have been excluded, Comvita’s maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of the supply of the goods pursuant to an Order is to be limited to the lesser of the value of goods comprised in an Order to which a claim relates, the cost of repairing or replacing defective Goods and the actual loss or damage suffered by you and all other warranties, descriptions, representations and conditions as to fitness, suitability for any purpose or specific conditions, even though such conditions may be known to Comvita, merchantable or otherwise whether express or implied and whether statutory or otherwise are expressly excluded, except to the extend that such liability is required by law without right of exclusion.
20.
Fitness for Purpose: You acknowledge that you have made your own investigations as to the fitness of the goods for your purpose.
21.
Notification of Problem: Comvita shall not be liable for any damage, discrepancy or shortage in the products unless you notify Comvita and the carrier within 48 hours of the time of delivery of the Goods. In the event of total failure of the Goods to reach their destination Comvita shall not be liable unless you notify Comvita within ten days after the date of the invoice.
22.
Severability: If any provision of these Terms of Purchase is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Purchase and the remaining provisions shall continue in full force.
23.
Retain a Copy: You should print out and retain or otherwise store a copy of these Terms of Purchase for your future reference.
24.
Queries: If you have any queries in regard to these Terms of Purchase please don’t hesitate to contact us.