Terms & Conditions

1. General

1.1 In these terms and conditions the “Company” means Marketing Plus Limited. “Goods” means Goods supplied or to be supplied by the Company to the Customer from time to time on these terms of trade.

1.2 Any Goods supplied by the Company to the Customer will be supplied on these terms and conditions.

1.3 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

1.4 In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Company exceed the price of the Goods.

2. Payment

2.1 The Customer must pay for the Goods in full prior to delivery of the goods by the Company. If the payment tendered is subsequently reversed or cleared funds are not received by the Company for any reason whatsoever, then the Customer shall be in default and the Customer shall at the Company’s discretion (and without affecting any other right the Company may have), pay default interest on any amount outstanding to the Company at the rate of 5% above the current base overdraft rate that would be paid by the Company from time to time to its own bankers.

2.2 Default interest will accrue on a daily basis from the date payment is due until the date of actual payment and the Customer shall be liable to pay all expenses and costs (including legal costs as between solicitor and client) in relation to the Company obtaining or attempting to obtain a remedy for the failure to pay any amount owing.

2.3 All payments shall be payable upon demand. The charging of default interest shall in no way imply the granting or an extension of credit by the Company to the Customer.

3. Risk

3.1 All risk in the Goods supplied by the Company shall pass to the Customer upon the goods leaving the premises of the Company. The Customer acknowledges that any damage caused to the Goods during delivery is between the Customer and the carrier delivering the Goods.

4. Retention of Title

4.1 It is the intention of the Company and agreed by the Customer that property in the Goods shall not pass until the Customer has paid all amounts owing for the particular Goods. The Goods shall be kept separate until the Company shall have received payment and all other obligations of the Customer are met.

4.2 In the event of possession of the Goods being given and the subsequent default in payment or the Customer’s insolvency, the Customer shall upon request yield up possession of the Goods and the Company is authorized by the Customer to enter into any premises on which the Goods may be located for the purposes of recovering any such Goods, without being responsible for any damage thereby caused.

4.3 The Company can issue proceedings to recover the price of Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.

5. Conditions of Sale

5.1 Equipment sold for domestic use only. All statutory warranties and remedies are excluded to the maximum extent legally permitted where Goods are acquired for business purposes.

5.2 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.

5.3 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

5.4 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.

5.5 You agree to provide us with current, complete and accurate details when asked to do so by the Site.

5.6 In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site.

6. Returns Policy

Please choose carefully as we do not have to provide a refund if you have changed your mind about a particular purchase. Any items purchased that are faulty will be made good by repair or exchanged. If the Goods are faulty, subject to clause 8.1, we will meet our obligations under the Consumers Guarantees Act to provide a remedy.

Consumers

Under the Consumer Guarantees Act 1993 (‘CGA’), you have guaranteed legal rights for goods [and services] you buy.

These are called ‘consumer guarantees’, and include the following:

1. a guarantee that the goods are of acceptable quality, such that the goods are:

fit for all the purposes for which goods of that type are commonly supplied;
free from minor defects
Safe
durable; and
acceptable in appearance and finish;

2. a guarantee that the goods are fit for any particular purpose made known by you, or for which we represent that they are or will be fit;

3. a guarantee that the goods correspond with any description with which the goods are supplied; and

4. a guarantee that the goods correspond with any sample or demonstration model where the goods are supplied by reference to such sample or model.

If the goods we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy.

These guarantees are in addition to any warranty offered by a manufacturer, and you may have rights against the manufacturer directly.

The CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.

Businesses

If you are acquiring goods from Marketing Plus Ltd for business purposes as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods.

Where you have an issue relating to your order, please immediately contact the us on 0800 235 435 or sales@vervewellness.co.nz (Mon-Fri 9am-5pm). Please have your order number with you.

This returns policy is not intended to exclude or limit any rights which you may have as a consumer under the Consumer Guarantees Act 1993, and may not necessarily describe all rights you may have.

Minor Failure

If the goods we supply do not comply with a consumer guarantee, but can be remedied within a reasonable time, we will either repair the goods or replace the goods with goods of identical type. If we cannot repair or replace the goods within a reasonable time, we will provide you with a refund.

Major Failure

A ‘major failure’ is where the failure in the goods cannot be repaired or cannot be repaired within a reasonable time, or where the failure constitutes a ‘failure of substantial character’ as set out by section 21 of the CGA.

If a failure amounts to a major failure, you are entitled to return the goods and choose to have a replacement of the returned goods or a refund. Alternatively, you may elect to retain the goods and obtain compensation for the reduction in value of the goods.

Where you choose a replacement, we will where available, provide goods of the same type and similar value to the returned goods.

Delivery Charges

Any shipping costs to return the original goods to Company will be at the cost of Company, where Company considers the goods to have breached a consumer guarantee. If on examination of goods returned to Company, the goods are found to not be in breach of any consumer guarantee, Company may charge you a fee for examining the goods, and any cost to return the goods to you.

Please note that goods must be returned within a reasonable period and you may be asked to demonstrate that you have purchased the goods from Company and that the problem with the goods was not your fault.

Refunds

Refunds will be issued at the discretion of company. Refunds will normally be processed within seven (7) days.

Goods Damaged in Transit

If any goods arrive damaged, please contact us at sales@vervewellness.co.nz within 24 hours of delivery. We will arrange to have the damaged item returned, and either repair or replace the goods or refund the price to you, at its election. Damaged goods must be returned to Company in the condition received by you with all original packaging, together with all packing slips.

Contact

Where you have an issue relating to your order, please immediately contact the us on 0800 243 834 or sales@vervewellness.co.nz (Mon-Fri 9am-5pm) Please have your order number with you.

7. Miscellaneous

If at any time the Company does not enforce any of these terms and conditions or grants the Customer time or other indulgence, the Company shall not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition.

8. Consumer Guarantees Act 1993

This agreement is subject, in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded), to the provisions of the Consumer Guarantees Act 1993.

9. Privacy Act

The customer authorises the Company to collect, retain and use personal information about the Customer for the following purposes only:

To assist Company in providing you with a quality service
Assessing the Customer’s creditworthiness
Disclosing details to a third party for the purposes of recovering amounts payable by the Customer to the Company and providing credit reference
Marketing goods and services supplied by the Company or its selected business partners
To notify competition winners or fulfil promotional obligations
To provide additional contact information for service and product warranty purposes

The Company shall immediately stop sending marketing materials to the Customer should the Customer so request. If you do not want to receive any communications from us you may opt out by contacting us via this email address enquiries@vervewellness.co.nz

The Customer can assess and correct any information the Company holds about the Customer.

If you send us an email, we will store your email address and the contents of the email . This information will only be used for the purpose for which you have provided it.

Where information on historical purchases is requested by the customer, proof of identity will be requested and verified before any information is disclosed.

We welcome any questions or comments you may have around our Privacy Policy. Please feel free to contact us at enquiries@vervewellness.co.nz

10. Warranty information

10.1 Warranty extended to original purchaser only. Not transferable to any other party.

10.2 Warranty covers manufacturing defects only. Warranty does not cover faults caused by misuse, lack of maintenance, or normal wear and tear.

10.3 Unless specified the warranty applies to a “normal” domestic environment only.

10.4 Warranty strictly “Back to Base”. Customer must cover costs to get item to nearest Company agent for repair.

Important additional information before you buy — Please Read

All Company warranties are back to base, please ensure you are able to return a product for any service requirements or to meet warranty terms and conditions before completion of the sale.

At completion of sale the following terms are assumed to be accepted by the purchaser unless otherwise stated in writing.

1. All items requiring warranty repairs must be returned at the customers’ expense to Company.

2. Parts returned under warranty will be replaced at no cost after inspection confirms warranty failure and replacement or repaired parts will be returned at Company’s cost.

3. Any machines returned for repairs under warranty will be shipped / returned at cost of purchaser if not collected.

4. Due to the geographic location of many customers purchasing over the internet, Company cannot guarantee service on site or in home even if additional costs for labour or travel have been accepted by the customer, Company cannot be held responsible for any costs incurred or associated costs in the return of the product or the inability to use the product inside or outside of the warranty due to failure or inability to return the product to Company.

If you require further information or clarification on the above terms please contact us on 0800 235 435 before completing the sale.