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Terms & Conditions

This Website (‘the Website”) is operated by Nutrient Rescue™ NZ Limited (“We”, “Us”, or Our”).

Through the Website, We provide food products including fruit and vegetable powders (“Products”) to Our customers.

By using the Website You (“You” or “Your”) agree to be bound by these Terms and Conditions.

If You are using the Website in Your capacity as an employee, agent, or officer of any other person or a company or other organisation, then You are entering into a contract on behalf of that person, company, or organisation, who will be deemed to be the contracting party (i.e. “You” or “Your”) for the purpose of the remainder of these Terms and Conditions. You must cease using this Website if You are not authorised to enter into contracts of this nature on behalf of your company or organisation.

If you are using the Website to purchase a Product for another person, their use of that Product will be deemed to be Your use for the purpose of these Terms and Conditions, whether or not their use is contemplated by You. Likewise, you will be deemed to be their agent and will legally bind them to these Terms and Conditions.

These Terms and Conditions represent the entire agreement between You and Us regarding Your use of the Website and the Products.

We may change these Terms and Conditions and give notice to You by posting amended Terms and Conditions on the Website at any time.

OUR PRODUCTS

Our Products contain the ingredients listed on their packaging as required by law. We make no medical or therapeutic claims in relation to our Products, unless these are explicitly included on the Product’s packaging. Where we state on Our packaging that Products are free of meat, dairy, gluten, added salt or alcohol, then they will comply with this description.

DELIVERY AND FREIGHT

We ship only to countries or regions listed on Our website from time to time. We reserve the right to alter permitted shipping addresses at any time without notice.

Shipping and freight charges are listed in Our website. We reserve the right to alter permitted shipping and freight charges at any time, and any new charges will apply to all orders placed after the altered charges are listed on Our website.

IMPORTANT NOTE: Some countries have strict requirements in terms of importation of food products, and/or may require the payment of import duties, customs duties or other taxes before permitting the entry of goods. It is Your responsibility to check and comply with any such restrictions or requirements in place in Your country (and/or the country specified in your delivery address). We do not accept responsibility for any goods that are detained by customs or other border services.

We will dispatch Products as soon as possible after your order is completed. Allow 1 – 3 business days for local (New Zealand) delivery.

PAYMENTS

The name that will appear on your statement will be Nutrient Rescue NZ Limited.

You agree to pay for all Products that You order from the Website upon completing your order for that Product, at the rates specified on the Website at that time, and on the terms contained in these Terms and Conditions.

Your payment will be processed before the Product will be dispatched for delivery.

Prices are displayed in New Zealand Dollars (NZD) and include Goods and Services Tax (GST) of 15%. GST will be removed from orders where the delivery address is outside New Zealand.

SITE SECURITY / PAYMENT SECURITY

Your credit card is processed via the EWAY payment gateway and is protected via Eway's secure SSL as well as being encrypted on your browser using EWAY's client side encryption. For added security the entire payment page is also secured using Microsoft Azure's SSL with an Azure SSL certificate. The website is hosted on Microsoft Azure which is a secure, PCI compliant hosting environment. We don't store your credit card details on our website.

RETURNS AND REPLACEMENTS

Our products are dispatched in the best possible condition. However, if a Product reaches you in an unsatisfactory state we may at our election refund or replace the Product. To be eligible for a refund or replacement:

Items must be returned in original condition to the place of purchase; and

Items must be returned within a 7 day period from your receipt of the item; and

Proof of purchase must be provided.

We reserve the right to accept or decline a request for an exchange or refund, subject to the provisions of the Consumer Guarantees Act 1993.

INTELLECTUAL PROPERTY

All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Products and the Website are and will remain Our sole property.

You may not create any hyper-links to the Website unless you have our permission in writing.

PRIVACY AND USE OF DATA

Use of your information. We do not sell or rent your personal information to third parties. We will only release account and other personal information if we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Nutrient Rescue™ Limited, our users, or others. We will use any data You give to Us and which identifies You only for the purpose for which it is supplied to Us and will not use it for any other purpose or supply it to any third party except as required by law or authorised by You.

We may use aggregate data (in a non-identifiable form) supplied to Us by You for Our own business purposes including the improvement of the Website, Our Products, and Our related services. Aggregate data is information we collect about a group or category of services or users from which individual user identities have been removed, so that no personal information is included. We may share aggregate data about our users with third parties for various purposes, including to help us better understand our customer needs and improve our services and for advertising and marketing purposes.

Delivery Addresses. We enable you to save one delivery address which we will store against your profile. When you buy an item you have the option of entering a new delivery address which may be a third party recipient- i.e, A gift.

Communications. We may send You electronic messages which facilitate, complete, or confirm any transaction You enter into with Us in relation to the Products or the Website. We may send You commercial electronic marketing messages relating to Our other goods and services and other information of related interest, if You elect to receive our Newsletter. We will stop sending You such messages if We receive a request to stop from You. We use email as a means of receiving feedback from our customers, and we encourage you to email us with your questions or comments.

Use of Cookies. This web "application" uses a stored cookie to save a logged in state for a period of 30 days from the time of last access. User log in has an opt-out function for overriding this feature. Additionally- When using a device other than your own, we highly recommend logging out from your "Me" account profile or clicking the "Sign Out" link from the slide in navigation menu.

LIABILITY

To the maximum extent permitted by law, the Website is provided on an “as is” basis, without any warranty of any kind either express or implied including but not limited as to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website is error free or that any services provided through the Website will be uninterrupted.

You accept all risk and any liability arising from Your use of the Products. In no event will We be liable to You or any other person for any lost profits, lost savings, or damages (including special, direct, indirect, punitive, consequential, or incidental damages) or any claims, proceedings, costs, demands, liabilities and expenses incurred by You arising out of or relating to Your use of the Website or the Products, whether in contract, tort (including negligence) or equity even if We have been advised of the possibility of such loss or damage.

If We are prohibited by law from excluding all liability, Our aggregate liability in relation to any claims arising out of or relating to the Website or any Products or services supplied to You by Us under these terms and conditions will in any event be absolutely limited to, at Our option:

A refund of the amount paid by You to Us for the applicable Product; or
Replacement of the applicable Product; or
Supply of an equivalent Product.

ASSIGNMENT

You may not assign this Agreement without Our express written consent.

GOVERNING LAW

These Terms and Conditions will be construed in accordance with the laws of New Zealand, and in terms of the enforceability of these Terms and Conditions shall be deemed “in writing” and “accepted” by both parties. And disputes arising out of this these Terms and Conditions or their subject matter shall be referred to and finally resolved by New Zealand courts, in accordance with New Zealand law.

INVALID TERMS SEVERABLE

In the event that any of the terms, conditions or provisions in these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid to the fullest extent permitted by law.