TERMS AND CONDITIONS OF SALE
By purchasing products from Devine Wellness Ltd or using this website, the purchaser (the “Customer”, “you”, “your”), agrees to the following terms and conditions of sale (the “Terms”).
1 Consumer Protection and other legislation:
Where the provisions of any consumer protection law, or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.
2 Business Customers:
To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that consumer protection legislation does not apply.
3 Limitation of Liability:
The Customer shall indemnify Devine Wellness Ltd against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the customer. Devine Wellness Ltd shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Devine Wellness Ltd, even if Devine Wellness Ltd has been advised of their possibility. In no case shall Devine Wellness Ltd’s maximum liability exceed the cost of the relevant original order.
Devine Wellness Ltd will comply with its obligations under any applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.
If a product is found to be mis-addressed by Devine Wellness Ltd then Devine Wellness Ltd shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then Devine Wellness Ltd will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.
6 Incorrect Bank Account Number:
If the Customer credits money to the incorrect bank account number, and the correct number was provided to the Customer by Devine Wellness Ltd, then Devine Wellness Ltd will not accept any responsibility for correcting payment and goods will not be dispatched by Devine Wellness Ltd until Devine Wellness Ltd has received payment in full.
7 Prices, Payment and Title:
Devine Wellness Ltd ‘s available payment methods will be presented at the time of purchase. Devine Wellness Ltd retains title in the products purchased until Devine Wellness Ltd receives payment in full.
8 Pricing errors:
Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.
Devine Wellness Ltd uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Devine Wellness Ltd will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses). For your security credit card data will not be stored and card capture is processed by Paystation.
10 Special Offers:
Special deals and offers on this site are only valid for so long as they are displayed, unless expressly stated otherwise.
11 Mailing Cash:
Devine Wellness Ltd does not recommend that cash be mailed for payment of products. If the Customer does mail cash, Devine Wellness Ltd accepts no responsibility for the theft, loss or otherwise for non-delivery of the mailed cash.
12 Cancelling Orders:
Devine Wellness Ltd reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where Devine Wellness Ltd believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).
All prices are GST exclusive unless otherwise stated.
14 Site Access:
Devine Wellness Ltd hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of Devine Wellness Ltd, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
15 Copyright & Trademarks:
You agree that the content you access, view or download on this site and the software used to create it, remains the property of Devine Wellness Ltd or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.
16 Stock Availability:
All items sold via the Devine Wellness Ltd website are subject to availability and Devine Wellness Ltd reserves the right not to accept or cancel any order for products that are out of stock. Goods delivered may differ to the product images presented on this site.
17 Delivery Estimates:
Devine Wellness Ltd makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold Devine Wellness Ltd liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
18 Linked Sites:
This site may contain links to other websites operated by third parties. Devine Wellness Ltd is not liable for those sites or any content or information such sites contain.
All prices are in the New Zealand Dollar
Devine Wellness Ltd would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer. The information on this website is provided “as is” and for general information only. Devine Wellness Ltd has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and Devine Wellness Ltd does not guarantee that the website will always operate or be error free. Accordingly, to the maximum extent permitted by law, Devine Wellness Ltd does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.