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Terms & Conditions
Welcome to the ChemistOnline terms and conditions, which apply to your use of the ChemistOnline Website. By accessing this Website, you agree to be bound by them.
DEFINITIONS
"Conditions" means these terms and conditions: "Personal Information" means any personal details provided by you via the Website; "User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires; "We/us/our" means ChemistOnline, "Website" means the website located at http://www.chemistonline.co.nz/shop or any subsequent URL which may replace it; and "You/your" means you as a user of the Website. ChemistOnline is the internet trading division of Neville Kane Pharmacy (2003) Ltd
1 ACCESS
We will provide you with access to the Website in accordance with these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
6 MONITORING
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply with applicable New Zealand Privacy legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
8.2 The Website is Copyright, ChemistOnline, 2003. All rights reserved.
8.3 All logos, and images of products displayed on this website are copyright to the owners of those logos and images.
9. NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to Neville Kane Pharmacy (2003) Ltd
Cnr Victoria & Liverpool St
Hamilton
GST Reg No. 85-498-088 ;
9.1.2 by email to info@chemistonline.co.nz
9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under New Zealand law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
11. WARRANTY & GUARANTEES
11.1 Subject to the specific terms of these Terms and Conditions we guarantee: (a) The safety of your Credit Card; (b) That every transaction you make with ChemistOnline will be safe. (c) Your privacy in respect of any transactions that you enter into with ChemistOnline.
11.2 Everything that we sell to you is guaranteed on the following terms: (a) Where the Consumer Guarantees Act 1993 applies to this contract: (i) If the Products are acquired by you for business purposes, you agree that the Consumer Guarantees act 1993 does not apply; and (ii) If the Products are not acquired by you for business purposes, we reserve the right to repair or replace any Products which fail to comply with any guarantee contained in the Consumer Guarantees Act 1993. (b) Where you supply the Products in trade to a person acquiring them for business purposes, it must be a term of your contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the Products. (c) You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.
11.3 Nothing in these Terms and Conditions are intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.
11.4 We shall not be liable to you for any damage to the Products due to external causes, including accident, abuse, misuse, problems with electrical power, usage not in accordance with Product instructions, failure to perform required preventive maintenance, and problems caused by use of supplied parts and components not supplied by us.
11.5 Notwithstanding anything else contained in these Terms and Conditions, we shall not be liable to the you for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.
11.6 Any product information or advice on this site is provided for informational purposes only and should not be used as a substitute for the advice provided by your own medical practitioners. You should not use the information contained here for diagnosing or treating a health problem or disease. You should read all product information carefully before purchasing and if you suspect you have a medical problem, promptly consult your heath-care professional. We will not be liable for any damages, losses or liabilities, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the materials in this Site.
11.7 Nothing in this Site is to be construed as a recommendation to use any Product.
12 RETURN OF GOODS
You may return Products to us in one of the following situations:
(12.1) Where nothing is wrong with the Products and you have simply chosen to return the products because, for example, you have changed your mind. In this situation you have 5 days (14 days for deliveries outside New Zealand) from the date of the products dispatch to return the Products back to us. We may at our option, either: (i) credit your Nominated Payment Authority with an amount equal to the cost of the Products (excluding any handling and freight costs); or (ii) provide you with a Credit Note for a sum equal to the cost of the Products (including handling and freight). All CD Roms and software must be returned unopened. All Products returned in accordance with this clause must be returned in their original condition and box/packaging, along with any accompanying accessories and Warranty Card.
12.2 Where the Products are damaged in transit. In this situation you must immediately advise the delivery organisation and ChemistOnline that the goods are damaged. You must retain all packaging material for 60 days. Upon receipt of the damaged goods, we will either: (a) replace the Products; or (b) give you a full refund on your Nominated Payment Authority. You must cooperate with all enquiries and claims we or any delivery organisation may make in connection with any compensation for any damage whilst in transit.
12.3 Where products are faulty on arrival you should contact us immediately to arrange the return of the faulty item.
12.4 All Products must be returned in their original condition and packaging, along with any accompanying accessories and any Warranty together with the invoice and/or packing slip. You are responsible for the safe and secure return of Products. Wrap the Product and all accessories in the original box and appropriate packing and send it to us by a secure delivery method, together with the invoice which accompanied the Product to: Neville Kane Pharmacy (2003) Ltd
Cnr Victoria & Liverpool St
Hamilton
GST Reg No. 85-498-088 New Zealand
12.5 You must also provide us with the following information: (a) The reason for the return of the Product which must be one of the following: (i) your choice; (ii) the Product received is not that which you ordered; (iii) the Products are faulty or damaged on delivery.
12.6 If you have any problems regarding your order - you may contact us at info@chemistonline.co.nz (citing an order number) or call us on 64 0508 4 CHEMIST
12.7 Proof of posting is not proof of receipt and we suggest you return Products by the same delivery method by which you received them.
13 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
14 WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
15 SURVIVAL
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
16 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
17 LAW
This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand Courts, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Welcome to the ChemistOnline terms and conditions, which apply to your use of the ChemistOnline Website. By accessing this Website, you agree to be bound by them.
DEFINITIONS
"Conditions" means these terms and conditions: "Personal Information" means any personal details provided by you via the Website; "User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires; "We/us/our" means ChemistOnline, "Website" means the website located at http://www.chemistonline.co.nz/shop or any subsequent URL which may replace it; and "You/your" means you as a user of the Website. ChemistOnline is the internet trading division of Neville Kane Pharmacy (2003) Ltd
1 ACCESS
We will provide you with access to the Website in accordance with these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
6 MONITORING
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply with applicable New Zealand Privacy legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
8.2 The Website is Copyright, ChemistOnline, 2003. All rights reserved.
8.3 All logos, and images of products displayed on this website are copyright to the owners of those logos and images.
9. NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to Neville Kane Pharmacy (2003) Ltd
Cnr Victoria & Liverpool St
Hamilton
GST Reg No. 85-498-088 ;
9.1.2 by email to info@chemistonline.co.nz
9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under New Zealand law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
11. WARRANTY & GUARANTEES
11.1 Subject to the specific terms of these Terms and Conditions we guarantee: (a) The safety of your Credit Card; (b) That every transaction you make with ChemistOnline will be safe. (c) Your privacy in respect of any transactions that you enter into with ChemistOnline.
11.2 Everything that we sell to you is guaranteed on the following terms: (a) Where the Consumer Guarantees Act 1993 applies to this contract: (i) If the Products are acquired by you for business purposes, you agree that the Consumer Guarantees act 1993 does not apply; and (ii) If the Products are not acquired by you for business purposes, we reserve the right to repair or replace any Products which fail to comply with any guarantee contained in the Consumer Guarantees Act 1993. (b) Where you supply the Products in trade to a person acquiring them for business purposes, it must be a term of your contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the Products. (c) You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.
11.3 Nothing in these Terms and Conditions are intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.
11.4 We shall not be liable to you for any damage to the Products due to external causes, including accident, abuse, misuse, problems with electrical power, usage not in accordance with Product instructions, failure to perform required preventive maintenance, and problems caused by use of supplied parts and components not supplied by us.
11.5 Notwithstanding anything else contained in these Terms and Conditions, we shall not be liable to the you for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.
11.6 Any product information or advice on this site is provided for informational purposes only and should not be used as a substitute for the advice provided by your own medical practitioners. You should not use the information contained here for diagnosing or treating a health problem or disease. You should read all product information carefully before purchasing and if you suspect you have a medical problem, promptly consult your heath-care professional. We will not be liable for any damages, losses or liabilities, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the materials in this Site.
11.7 Nothing in this Site is to be construed as a recommendation to use any Product.
12 RETURN OF GOODS
You may return Products to us in one of the following situations:
(12.1) Where nothing is wrong with the Products and you have simply chosen to return the products because, for example, you have changed your mind. In this situation you have 5 days (14 days for deliveries outside New Zealand) from the date of the products dispatch to return the Products back to us. We may at our option, either: (i) credit your Nominated Payment Authority with an amount equal to the cost of the Products (excluding any handling and freight costs); or (ii) provide you with a Credit Note for a sum equal to the cost of the Products (including handling and freight). All CD Roms and software must be returned unopened. All Products returned in accordance with this clause must be returned in their original condition and box/packaging, along with any accompanying accessories and Warranty Card.
12.2 Where the Products are damaged in transit. In this situation you must immediately advise the delivery organisation and ChemistOnline that the goods are damaged. You must retain all packaging material for 60 days. Upon receipt of the damaged goods, we will either: (a) replace the Products; or (b) give you a full refund on your Nominated Payment Authority. You must cooperate with all enquiries and claims we or any delivery organisation may make in connection with any compensation for any damage whilst in transit.
12.3 Where products are faulty on arrival you should contact us immediately to arrange the return of the faulty item.
12.4 All Products must be returned in their original condition and packaging, along with any accompanying accessories and any Warranty together with the invoice and/or packing slip. You are responsible for the safe and secure return of Products. Wrap the Product and all accessories in the original box and appropriate packing and send it to us by a secure delivery method, together with the invoice which accompanied the Product to: Neville Kane Pharmacy (2003) Ltd
Cnr Victoria & Liverpool St
Hamilton
GST Reg No. 85-498-088 New Zealand
12.5 You must also provide us with the following information: (a) The reason for the return of the Product which must be one of the following: (i) your choice; (ii) the Product received is not that which you ordered; (iii) the Products are faulty or damaged on delivery.
12.6 If you have any problems regarding your order - you may contact us at info@chemistonline.co.nz (citing an order number) or call us on 64 0508 4 CHEMIST
12.7 Proof of posting is not proof of receipt and we suggest you return Products by the same delivery method by which you received them.
13 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
14 WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
15 SURVIVAL
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
16 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
17 LAW
This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand Courts, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.