Terms of service
Terms of Service for al.ive body NZ
Welcome to our website https://alivebody.co.nz/ (this Website) and our online e-commerce platform, hosted by Shopify Inc., which allows us to sell products to you via this Website (our Online Store). The following general online purchase terms and conditions (Terms and Conditions) apply to all purchases by a purchaser of products via our Online Store (you or your) and Al.ive Body Pty Ltd (NZBN942 905002 6566) (al.ive body NZ or we or us or our). You acknowledge and agree that these Terms and Conditions, our Privacy Policy, and all other terms and conditions and policies that you may find on this Website (namely, our Website Terms of Use, Shipping Policy, and Returns Policy) (collectively, Purchase Terms) apply to your access to and use of this Website (including our Online Store) and all purchases made by you via our Online Store. By placing an order with al.ive body NZ via our Online Store, you acknowledge that you will be deemed to have read, understood, accepted, and agreed to be bound by the Purchase Terms.
GENERAL ONLINE PURCHASING TERMS AND CONDITIONS
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Amendments to Terms and Conditions and Changes to this Website 1.1 We reserve the right to:
- (a) amend these Terms and Conditions; and
- (b) make any changes to our Website (including our Online Store) as considered by us necessary or desirable, at any time by us giving you notice by Posting it on this Website.
1.2 Any such amendments or changes will be effective immediately upon notification. The terms and conditions applying to your access and use of this Website (including our Online Store) may be different from your previous access and use of this Website and our Online Store, and so we recommend you read these Terms and Conditions and all other Purchase Terms fully each time you agree to them during the ordering process and prior to making a new order. Your continued use of this Website following such notification will represent an agreement by you to be bound by the Purchase Terms as amended.
1.3 We will not change any Purchase Terms (including these Terms and Conditions and the Website Terms of Use) for an existing order for products that have been accepted by us via our Online Store. The terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed the order via our Online Store.
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Orders
2.1 Orders will be initiated by you submitting an order for products from al.ive body NZ via this Website. When placing an order with al.ive body NZ, you must comply with the ordering procedures set out in clause 3 below.
2.2 Any order that is placed by you via this Website is an offer by you to purchase products from al.ive body NZ for the price specified on this Website at the time you placed your order.
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Ordering Procedure
3.1 All orders for products from al.ive body NZ may be placed via this Website by following the steps below:
- (a) add the products that you wish to purchase to your shopping cart;
- (b) proceed to the checkout via our Online Store;
- (c) select your preferred method of payment (see clause 8 (Payment Options) below) and submit your order via this Website, proceeding to make payment of the total price (including any delivery and other charges and taxes); and
- (d) once your order has been submitted via this Website, your shopping cart will be cleared for future transactions.
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Acceptance of Order
4.1 Following the placement of your order, you will receive an email from al.ive body NZ acknowledging details of your order. This email confirms that we have received notice of, but not accepted, your order.
4.2 We reserve the right to accept or reject your offer in whole or in part for any reason whatsoever, including, without limitation, the unavailability of any products, an error in the price or the description of products as shown on this Website or any error or deficiency in your order.
4.3 Your contract with al.ive body NZ for the supply of products will only come into existence when we advise you that we have accepted your order and we have confirmed receipt of your payment.
4.4 al.ive body NZ reserves the right to limit or restrict the quantity of any particular product(s) being shipped to any one customer or postal address.
4.5 al.ive body NZ is not responsible for any loss you or a third party suffers due to a delay or failure to process your order and/or deliver products due to inaccurate or incomplete details provided in the order.
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Products, Pricing, GST, and Other Taxes
5.1 Prices of products and any delivery and other charges and taxes displayed on this Website are current at the time of your access to this Website but are subject to change at any time, effective immediately upon Posting to this Website.
5.2 All prices shown on this Website are:
- (a) in $NZD, being the default currency of this Website (however, you have the option of also viewing the prices in $AUD, €EU, or $USD);
- (b) inclusive of GST; and
- (c) exclusive of:
- (1) any applicable delivery charges, which will be displayed separately on our Online Store in the checkout process; and
- (2) taxes (other than GST), duties, levies, or charges (as applicable). It will be your responsibility to pay any other taxes, duties, levies, or charges that may be imposed by any governmental agency, including, without limitation, any customs duty or any value-added tax imposed on any products ordered by you from this Website.
5.3 All orders placed via our Online Store are payable by you:
- (a) in $NZD, for orders placed by you which are to be delivered to an address located within New Zealand; or
- (b) in $AUD, for orders placed by you which are to be delivered to an address located within Australia.
5.4 With respect to the payment of any order for products placed by you via our Online Store, which is to be delivered to an address located outside of New Zealand (except for Australia) and is payable in $NZD pursuant to clause 5.5. al.ive body NZ's products promoted on this Website are subject to availability and may change from time to time. al.ive body NZ may, at any time and without notice to you, discontinue any of the products or services available on this Website.
5.6 Certain products may be available exclusively via this Website. These products may have limited quantities and are subject to return or exchange only according to our Returns Policy.
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Accuracy of Account and Payment Information
6.1 You agree to provide current, complete, and accurate account and payment information for all purchases made via our Online Store. You further agree to promptly update all account and payment information before placing a new order via the Online Store, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
6.2 We reserve the right to limit or prohibit orders that, in our sole opinion, appear to be placed by dealers, resellers, and/or distributors.
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Delivery Times and Shipping Costs
Delivery times and shipping costs for all orders are governed by, and set out in, our Shipping Policy.
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Payment Options
al.ive body NZ accepts payment via Visa, Mastercard, Amex, Paypal, Afterpay, Apple Pay, or Google Pay.
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Privacy and Payment Security
Your privacy and the security of your information are of paramount importance to us.
9.1 al.ive body NZ will use all information collected from you in accordance with our Privacy Policy, which is set out on this Website at https://alivebody.co.nz/.
9.2 All our online payments are processed using Shopify, which is a premium e-commerce payment gateway. Shopify’s system uses industry-standard encryption technology between this Website and its payment server.
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Risk and Title 10.1 All risk in products purchased by you from al.ive body NZ will pass from al.ive body NZ to you at the time of delivery to you.
10.2 Title in such products remains with al.ive body NZ until full payment for all products delivered to you has been received by al.ive body NZ in clear funds.
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Limitation of Liability
11.1 To the maximum extent permitted by law, any guarantee, condition, or warranty in relation to products supplied by us (including, without limitation, any guarantee, condition, or warranty of merchantability, suitability, satisfactory quality, design, or fitness for a particular purpose) which would otherwise apply to, or be implied in, these Terms and Conditions is hereby excluded.
11.2 Where the New Zealand Consumer Guarantees Act 1993 or any other law implies in these Terms and Conditions any guarantee, condition, or warranty, and that law avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition, or warranty, to the maximum extent permitted by law, our liability for any breach of such guarantee, condition, or warranty relating to the goods shall be limited, at our option, to one or more of the following:
- (a) the replacement of the goods or the supply of equivalent goods; or
- (b) the cost of replacing the goods or of acquiring equivalent goods.
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Returns and Refunds
Unless you notify us by email (to hello@alivebody.com.au) of any faulty, defective, or damaged product(s) within seven (7) days of receipt of any product(s), the product(s) shall be deemed to have been accepted by you. You waive any right to revoke acceptance after such time. For more information on returns and refunds, please see our Returns Policy.
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Cancellation and/or Changing an Order 13.1 Unless otherwise provided for under these Terms and Conditions (or any other Purchase Terms), no cancellations to orders will be accepted.
13.2 al.ive body NZ is not responsible for any mistakes made by you during checkout via our Online Store. You are responsible for carefully checking that the information in your order is accurate before you submit your order via this Website. Once an order has been placed, al.ive body NZ is unable to update or make changes to the product(s) comprising your order. Should you wish to correct your delivery address or contact details prior to the order being dispatched, please promptly contact us (at hello@alivebody.com.au), and we will endeavour to assist you.
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Products for Personal, Non-commercial Use
The products made available by us, and purchased by you on this Website, and any other samples thereof we may provide to you, are for your personal, non-commercial use only. You may not sell or resell any of the products or samples thereof, you purchase or otherwise receive from us. We reserve the right to cancel or reduce the quantity of any order to be filled or products to be provided to you that we reasonably believe, in our sole discretion, may result in the violation of these Terms and Conditions.
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Product Information and Other Information on this Website
Whilst we make all reasonable efforts to ensure the accuracy of the description of our products on this Website, we do not warrant that the product descriptions, pricing, availability of products, information, or other content available on this Website are accurate, complete, reliable, current, or error-free.
For further information on the information on this Website, please see our Website Terms of Use.
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Miscellaneous 16.1 If any part of these Terms and Conditions is deemed invalid, void, voidable, or unenforceable, that part will be read-down, limited or, if necessary, severed from these Terms and Conditions to the extent necessary to make it not invalid, void, voidable, or unenforceable, and the remainder of these Terms and Conditions will continue in full force and effect.
16.2 These Terms and Conditions shall be governed by and constructed in accordance with the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand, and the courts which hear appeals from them.
16.3 Any waiver or relaxation, in whole or part, of any rights available to us under these Terms and Conditions is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).
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Definitions
In these Terms and Conditions, unless the context otherwise requires:
GST means a tax, duty, levy, charge, or deduction, imposed by GST Law and any related interest, penalties, fines, or other charges.
GST Law means the Goods and Services Tax Act 1985 (NZ) or any other act imposing a goods and services tax in New Zealand.
Posting means to make available information and/or other materials on this Website.