Terms & Conditions
Date Last Updated: 12th September 2018
Table of Contents
- Use of This Website
- Terms of Sale
- Prices and Currency
- Changes in Orders
- Your Account Obligations
- Copyright and Trademark Notice
- Information Provided on the Site.
- User Content, Product Reviews, and Testimonials
- Not Medical Advice
- Governing Law
Use of This Website
Welcome to VitaHealth Limited (VitaHealth) where we offer you a convenient, private and informative shopping experience. Every effort is made to make you feel safe and secure when shopping with us, so we have established the following terms and conditions so that we both understand what to expect from each other. Your use of this site signifies your acknowledgment and acceptance of these terms and conditions, so please read them carefully.
The ordering of any product from VitaHealth creates a legally binding contract between you and VitaHealth subject to these terms and conditions. These terms and conditions incorporate any of the information or terms set out on pages on the Website linked to in these terms and conditions.
By using the VitaHealth Website/s, participating in the Rewards or Reviews Program, or disclosing to us any personal information you agree that you have read and understood the terms of this Agreement and accept and agree to be bound by the terms of this Agreement, and you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE AND OTHER VITAHEALTH WEBSITES, MOBILE WEBSITES, BLOGS AND DO NOT PARTICIPATE IN THE REWARDS PROGRAM OR REVIEWS PROGRAM, OR DISCLOSE TO US ANY PERSONAL INFORMATION. THANK YOU.
While VitaHealth endeavours to ensure that no viruses or malicious software are contained on the Website, VitaHealth makes no warranty as to your use of the Website and VitaHealth will have no liability for any damage to your computer or other hardware as a result of your use of the Website.
Terms of Sale
Orders may be cancelled and products may be returned in accordance with the VitaHealth return and cancellation policy set out here.
VitaHealth will endeavour to deliver all orders made by you on the Website but reserves the right to refuse to deliver any products ordered for any reason, including without limitation, unavailability of stock or a decision by VitaHealth to no longer sell a product.
We do not accept liability for any item listed on this site which is unavailable through being out of stock or discontinued. Some items on our website may be illegal to enter into certain countries. We cannot accept any responsibility for seizure and/or forfeiture by your customs.
VitaHealth accepts payment by a number of convenient options to suit you. Payment methods are presented as you proceed through the 'check out' when purchasing online. Payment for products must be made in accordance with the VitaHealth payment policy which can be viewed here. Delivery of products will not be made until payment has been received.
Goods and Services Tax (GST) charges (15%) will be invoiced to the customer and are included in the total product price throughout the site where applicable. Please note GST charges are not applicable to customers outside of New Zealand but may be subject to the payment of taxes and charges in their country.
Prices and Currency
The core currency behind our prices are in New Zealand dollars and your order will be transacted in this currency. This may result in a slight variation in price depending on the currency exchange rates at the time your credit card charge is processed. However, any variation will be minimal.
Because exchange rates move continuously, the prices under international currencies on our website may differ slightly to those advertised on some search engines. Please note we endeavor to keep its prices in line with those advertised. Prices are subject to change according to international currency rates and price changes by distribution channels without further notice.
All New Zealand and international delivery will be made in accordance with the VitaHealth delivery policy which can be viewed here.
VitaHealth uses third-party carriers to deliver its products. All deliveries are made subject to the VitaHealth terms relating to lost or damaged stock set out here.
Changes in Orders
We cannot change orders once they have been dispatched, although if notified by the customer of an order error we will do our best to correct the order.
Your Account Obligations
Some of the services require you to open an account, you must complete the registration process by providing VitaHealth with current, complete and accurate information as prompted by the applicable registration form. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify VitaHealth immediately of any unauthorized use of your account or any other breach of security. The information is kept on a secure server to protect it from outside parties. We use this information only for the limited purposes of communicating with the user, processing online orders, for statistical purposes to improve our site and service to you and to administer our site. VitaHealth will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge.
Copyright and Trademark Notice
This site is owned and operated by Vita Health Limited (VitaHealth). Unless otherwise specified, all information contained within this website including all site design, photo's, graphics, text, logos, icons, as well as the selection, assembly, and arrangement is the property of VitaHealth and is protected by New Zealand and international copyright laws.
All content on this site may only be used by you for personal shopping and information gathering. Any other use of this content, including but not limited to, the modification, distribution, republication, bulletin boards, display, or any other purpose is strictly prohibited.
You may not make use of any logo or trademark displayed on the Website without the express written consent of VitaHealth. You may link to the Website from any other website provided that you agree to immediately remove that link if requested by VitaHealth.
Information Provided on the Site.
VitaHealth strives to present the most updated information and pricing of the products within the Site. We are not liable for any typographical errors, sudden price changes or any other change or increase in product prices whatsoever. VitaHealth is not liable for any error or changes in packaging, description, label or illustration of any product advertised within the Site.
In the event a product is listed at an incorrect price due to an error in information received from our suppliers or due to a data entry (typographical error), VitaHealth shall have the right to refuse or cancel any orders placed for product/s listed at the incorrect price. This will also apply to any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, VitaHealth shall within 14 days issue a credit to your credit card account in the amount of the incorrect price.
User Content, Product Reviews, and Testimonials
We reserve the right to use all user-submitted content we receive in our marketing and promotional material, both on and offline, identifying the submitter by the first name only. If you don't want us to use your submitted content, please let us know.
Your submission of any such content confirms that you understand that this content may be used in a public context, either online and/or offline and that VitaHealth specifically may use, modify, edit or republish any such content submitted. While we endeavour not to significantly alter the meaning and intent of submitted content, we do sometimes edit it to condense, summarise, improve readability or comply with our regulatory obligations, and reserve the right to do so.
We reserve the right to block, move, delete, edit in whole or in part, any content submitted by you to the website that we determine to be fraudulent, deceptive, misleading, abusive, obscene, defamatory or a violation of a copyright, trademark or other intellectual property rights of another or otherwise unacceptable to us in our sole discretion.
You may not be permitted to edit or delete any content you have submitted, but can ask us for it to be removed from online publication, and we will remove it so long as it's reasonably practicable for us to do so.
If you have information you want to keep confidential and/or do not want others to use, do not post it to the website. We will not be liable for any User Content, including, any errors or omissions, or any loss or damage incurred as the result of the use of any User Content in any manner posted to the website. We are not responsible for any user's use or misappropriation of any User Content you post to the Site.
Not Medical Advice
The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon the information you may have read on the Site.
Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use. Warranties
THE SERVICES, PRODUCTS, INFORMATION, OPERATIONS, AND MATERIALS MADE AVAILABLE AT VITA HEALTH LIMITED (VITAHEALTH) IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT THE USE OF VITAHEALTH WEBSITE IS AT USER'S SOLE RISK. IN NO EVENT SHALL VITAHEALTH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
No information on the Website is intended to be taken as medical advice and is intended only for information purposes. Always read the label of any product carefully and use only as directed. If your symptoms persist or you are uncertain as to whether any product may be safe for your use, consult a health professional. If you have a pre-existing medical condition, are pregnant or lactating, consult a health professional prior to using any product.
Subject to your rights under the Consumer Guarantees Act 1993, VitaHealth will not be liable for any:
(1) Warranties, conditions, and representations whether express, implied, statutory or otherwise, relating in any way to the Website, your use of the Website and the information, products supplied, offered to be supplied or advertised or accessed through the Website; and
(2) Liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the Website and the information, products supplied, offered to be supplied or advertised or accessed through this Website for any reason whatsoever (including negligence). ¨VitaHealth's maximum aggregate liability for any product supplied to you whether, in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you to VitaHealth in respect of the product excluding any amount paid for delivery.
You agree that if any product has been acquired for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those products.
(3) The Website contains links to website's that are not controlled by VitaHealth (Third Party Website). VitaHealth makes no promises or warranties as to the content or security of any Third Party Website and you link to and use any such Third Party Website at your own risk.
The use of this website and the ordering of any product by you from VitaHealth or other websites which include our country-specific websites, mobile websites, mobile apps, blogs and programs like VitaHealth Rewards the VitaHealth Reviews Program are subject to the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute between you and VitaHealth. You agree to any claim relating to VitaHealth and services can only be dealt with in a court in Christchurch, New Zealand.