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Conditions of Use

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to your purchase from the Ponsonby Health Shop entity named on the invoice ("Ponsonby Health Shop.") that will be provided to you ("Customer") on orders for products sold in New Zealand. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH PONSONBY HEALTH SHOP., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER PONSONBY HEALTH SHOP STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to:

1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Ponsonby Health Shop.

2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF .

3. Payment Terms; Orders; Quotes; Terms of payment are within Ponsonby Health Shop’s sole discretion, and unless otherwise agreed to by PONSONBY HEALTH SHOP, payment must be received by PONSONBY HEALTH SHOP prior to acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method agreed to by PONSONBY HEALTH SHOP. PONSONBY HEALTH SHOP may invoice parts of an order separately. Orders are not binding upon PONSONBY HEALTH SHOP, until accepted by PONSONBY HEALTH SHOP. Any quotations given by PONSONBY HEALTH SHOP will be valid for the period stated on the quotation.

4. Shipping Charges;. Separate charges for shipping and handling will be shown on PONSONBY HEALTH SHOP invoice(s).

5. Title; Risk of Loss. Title to products passes from PONSONBY HEALTH SHOP. to Customer on shipment from PONSONBY HEALTH SHOP’S facility. Loss or damage that occurs during shipping by a carrier selected by PONSONBY HEALTH SHOP is PONSONBY HEALTH  Shop’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.

6. Products. PONSONBY HEALTH SHOP’s policy is one of on-going product update and revision. PONSONBY HEALTH SHOP may revise and discontinue products at any time. PONSONBY HEALTH SHOP reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.

7. Limitation of Liability. PONSONBY HEALTH SHOP DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. PONSONBY HEALTH SHOP WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

8. PONSONBY HEALTH SHOP WILL NOT BE LIABLE FOR GOODS DELIVERED TO CUSTOMER’S PROPERTY THAT HAVE GONE MISSING OR BEEN STOLEN FROM CUSTOMER’S LETTER BOX.

9. Acceptance. By ordering any product from PONSONBY HEALTH SHOP whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the PONSONBY HEALTH SHOP

10. Choose carefully as we do not refund if you change your mind. If the goods are faulty we will meet our obligations under the Consumer Guarantees Act.

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