EVERYDAY HEALTH LTD
The
following is the terms of the agreement between EVERYDAY HEALTH LTD (“Company”) and
the buyer (“Buyer”) of goods or services through the Company’s Website
Everydayhealth.nz (the “Site”). If you do not agree to these terms, you will not
be able to purchase anything, so please review these terms
carefully:
1.
Introduction
Buyer agrees to the terms and conditions outlined in this Online
Contract ("Contract") with respect to the goods, services and information
provided by or through the Site. This Contract constitutes the entire and
only agreement between the Company and Buyer, and supersedes any and all prior
or contemporaneous agreements, representations, warranties, and understandings
with respect to the goods, services and information provided by or through the
Site, and the subject matter of this Contract. Buyer agrees to review this
Contract prior to purchasing anything and purchase of a good or service shall be
deemed acceptance of this Contract.
2.
CREDITCARD Payment
Buyer represents and warrants that (i) the credit card information
supplied to EVERYDAY HEALTH LTD is true, correct and complete and (ii) charges
incurred by the Buyer will be honored by the Buyer's credit card company. You
acknowledge your card will show a transaction from EVERYDAY HEALTH LTD.
3.
DELIVERY POLICY
Generally items will be dispatched world wide within 24 hours of receiving payment, to the delivery address provided.
The buyer can choose from several shipping methods, Courier service (New Zealand, overnight, international 4-7 days), Registered mail, and Airmail with delivery times ranging from 4 to 14 days. If the buyer
has purchased either Courier service or Registered mail we will email you a tracking number.
The buyer is responsible for all taxes and import expences relating to the order. The item is shipped from New Zealand.
4.
Editing, Deleting, and Modification
Company reserves the right in its sole discretion to edit or delete
any information or content appearing on the Site and to remove any goods and
services for sale. Upon notice published over the Service, Company may modify
this Contract, or prices, and may discontinue or revise any or all aspects of
the Site in its sole discretion and without prior notice. Modification of this
Contract will be deemed effective upon publication on the Site with respect to
transactions occurring after said date.
5.
Right to Refuse
Company reserves the right in its sole discretion to refuse service
at any time for any reason we desire. There are certian countries we do not ship to. They are, and not limited to: Austria, Croatia, Estonia, Finland, Germany, Morocco, Norway, Russia, Sweden, United Arab Emerates, vietnam
6. INDEMNIFICATION
Buyer agrees to indemnify, defend and hold Company and its
affiliates, licensors and suppliers harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to a Buyer's violation of
this Contract or use of the Site.
7.
Non-Transferable
Buyer's right to use the Service is not transferable and is subject
to any limits established by Company or by Buyer's credit card
company.
8.
Disclaimer
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE
ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE
AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND
EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID
BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS
AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS.
9.
REFUND / DISPUTE / RETURN POLICY
If a product purchased is defective or not to Buyer’s satisfaction,
Buyer can return the product within 60 days of receipt, to the following
address: Returns, EVERYDAY HEALTH LTD, PO BOX 416, RANGIORA, 7440, NEW
ZEALAND. We will refund
you on any number of unopened bottles and one open or empty bottle. In such
event, Company shall provide a refund, or if the customer prefers, an exchange
for another product.
10. Cancellation In the event of a change of mind you have the right to cancel your order
and this will be actioned as long as your order has not yet been shipped. You must contact
us as soon as you can to arrange this.
If you have a charge on your card for something you are unsure of, please email or call us.
11. Use of Information
Company reserves the right, and Buyer authorizes Company, to the use
and assignment of all information regarding Buyer’s use of the Site and all
information provided by Buyer, subject to applicable law.
12. governing law
13. Secure Payment Policy
Your payment details will be securely transmitted to the Bank and Payment Companies for transaction authorization using up to 256BIT SSL encryption.
14. litigation
All legal proceedings arising out of or in connection with this
Contract shall be brought solely in new Zealand and Buyer expressly submits to
the jurisdiction of said courts and Buyer consents to extra-territorial service
of process. Should any part of this Contract be held invalid or unenforceable,
that portion shall be construed consistent with applicable law as nearly as
possible to reflect the original intentions of the parties and the remaining
portions shall remain in full force and effect. To the extent that anything in
or associated with the Site or the Company is in conflict or inconsistent with
this Contract, this Contract shall take precedence. Failure of Company to
enforce any provision of this Contract shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
15. Acknowledgment
This
Agreement represents the entire understanding between you and us regarding your
relationship to Online and supersedes any prior statements or representations.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, then you may
preceed with your order.
Unless you agree with these terms, then you will not be able to
purchase any goods or services.
EVERYDAY HEALTH LTD, PO BOX 416, RANGIORA, 7440, NEW
ZEALAND