Only Organic Website: Terms and Conditions

1. Preliminary

1.1 This website is operated by Only Organic (a division of McCallum Industries Limited) ("Only Organic", "we" or "us"), and is found at www.onlyorganic.co.nz (“the website").

1.2 Please read these terms and conditions (“these terms”) thoroughly before using the website. By accessing or using the website you agree to be bound by these terms, including any amendments which may be made to them from time to time. If you do not wish to comply with these terms you should not use the website.

1.3 We may at any time alter any aspect of the website (including the goods and services offered through it, and your rights to access it), and we may remove content and introduce new content. These terms apply to any new features (including new services) introduced to the website.

1.4 We may alter these terms at any time, and you will be bound by any new terms posted on the website from time to time.
 

2. Content of Website

2.1 The website provides advice, services and other information for expectant mothers and new parents, and advertises and sells products to them.

2.2 However, the information provided is general in nature and cannot possibly deal with specific situations that apply to individual cases. In particular, it is not a substitute for advice from or treatment by a doctor, midwife or other qualified health professional. It is your responsibility to evaluate the accuracy, completeness and fitness for any purpose of all information provided on the website, including any advice provided. In particular, if you have a health problem during pregnancy, or if your baby or child is ill, you should consult a doctor immediately.
 

3. Exclusion of Liability

3.1 Under no circumstances will Only Organic or its employees or agents be liable in contract, tort, or otherwise to compensate users of the website for any loss (including consequential loss), injury, damage or illness arising directly or indirectly from accessing or using the website and its advice and other contents, from any interruption in the availability of the website, or from any inaccuracy, error, or omission in the information provided, including any loss, injury, damage or illness arising as a result of any negligence by Only Organic or its employees or agents.
 

3.2 You access this website at your own risk. We do not warrant or guarantee that any material on the website will be free from computer viruses or other harmful code. You are responsible for implementing virus and other security checks.
 

4. Orders

4.1 All orders placed through the website will be an offer to purchase the goods specified in the order from us in accordance with these terms. You will have the opportunity in the order-making process to confirm the quantities and pricing before the order is placed.

4.2 We may at our discretion accept an order for all or any of the goods listed in the order. Acceptance takes place when the goods leave our warehouse. If we have dispatched only part of the order to you, we have accepted the offer to purchase only in relation to that part. Ownership in the goods passes to you when we accept your offer. We may refuse to accept an order for any reason, including where:
a. the goods are not available;
b. you have ordered too much (in our opinion) of a particular product or products;
c. we do not receive satisfactory payment from you; or
d. there has been an error in the pricing or description of the product.

4.3 If we refuse to accept an order, we may contact you to advise how you should amend the order to enable us to accept it.

4.4 The cost of delivery will be payable by you. The costs we charge for delivery will depend on the delivery service used, the quantity of goods ordered, where they are to be delivered to, and whether we have imposed any particular delivery pricing policies at the time. You will have the opportunity to confirm the pricing applicable to a particular order during the order-making process.

4.5 If an order is to be delivered to a location outside of New Zealand, we will contact you to advise the delivery costs.

4.6 We do not accept fax, phone or post orders. Orders can only be placed online.

4.7 You may cancel or amend an order by contacting us at any time up to the time it is dispatched to you.
 

5. Payment

5.1 You may make payment on an order only by using credit card (we accept Visa, MasterCard, Diners Club and American Express).

5.2 We will not process or accept your order until we receive payment in cleared funds.

5.3 All prices given are in New Zealand dollars and all payments must be made in New Zealand dollars.

5.4 Payments made by credit card may incur a payment surcharge. This will be advised to you in the order process.

5.5 If any payment is declined, dishonoured or reversed, we may at our option charge you administration fees, for the inconvenience, time and expense we will need to go to resolve the matter.
 

6. Delivery and Risk

6.1 All times which we state for delivery are estimates only. We will use reasonable endeavours to ensure that delivery is made by the stated date, but we do not warrant that the date will be met.

6.2 We will not be liable for any loss or damage resulting either directly or indirectly from a failure to deliver on or by a specified date.

6.3 Risk of any loss, damage or deterioration of or to the goods will be borne by you from the time the goods leave our warehouse. At that point the goods belong to you (see clause 4.2 above) and it is your responsibility to insure them if you wish to do so. We are not responsible for any damage, deterioration or loss which occurs after the goods leave our warehouse.

6.4 We are not obliged to deliver the goods to you if we are unable to do so as a result of matters which are beyond our reasonable control.
 

7. Returns

7.1 If you are a “consumer” as defined in section 2 of the Consumer Guarantees Act 1993 (“the Act”), we will meet our obligations under the Act.

7.2 In addition, if you do not wish to keep a particular product after you have received it you may return it to us for any reason, provided that the following conditions are met:
a. the product must be unopened, unused, and in the same condition which we provided it to you in; and
b. we must receive it not later than 7 days from the time it was dispatched to you.

7.3 Where you have returned goods to us on the basis of your rights under the Act, we will at our election replace the goods or provide you with a refund. Where goods have been returned for any other reason (e.g. you have changed your mind about the goods), we will provide you with credit towards future orders, but not refund the purchase price.

7.4 You must pay the delivery costs for returning the goods to us. Where you have returned goods to us on the basis of your rights under the Act, we will reimburse you for the delivery costs when we receive an invoice or receipt for the delivery in a form acceptable to us.

7.5 You must provide proof of purchase for all returns.
 

8. Privacy

8.1 We will comply with our obligations under the Privacy Act 1993.

8.2 When you register or place an order, or when you call our offices, we may collect the any or all of the following information about you:
a. your name and contact details;
b. the products you order; and
c. information relating to the manner in which you pay (including your credit card and bank details).

8.3 This information is collected so that we may fulfil your order requests, both for the first order you make and for any subsequent orders. We will not be able to process your order without this information.

8.4 We will hold this information using secure technology and careful internal procedures to protect its storage and use during the order transaction.

8.5 You are entitled at any time to request a summary of the information we hold about you, and to request that any of that information we hold be deleted or corrected. We will endeavour to fulfil your request as soon as reasonably possible after you make it.

8.6 We will only use or disclose the information you provide in order to fulfil a request made by you, or otherwise where we are required or permitted by law to do so. Such situations include where we are required in court proceedings to do so, of we need to enforce a debt against you.

8.7 We use "cookie" technology to track usage of the website. This technology will only be used to track non-personal information, such as type of browser, operating system, and domain names. We do not extract personally identifiable information from this process.

8.8 For security reasons, we do not retain the password you provide when you register with the website. As such, we cannot forward your password to you in the event that it is misplaced. If it has been misplaced, you will need to re-register.

8.9 When you register on the website, you will have the opportunity to elect to join the Only Organic mailing list. By joining the mailing list, you consent to us sending you various promotional and other emails from time to time. If you wish to be removed from the mailing list, please click the “unsubscribe” link in any email sent to you.
 

9. Linked Websites

9.1 This website may provide hypertext links to websites on the Internet which are operated by other people who offer products and services which we believe may assist you.

9.2 These links are for your convenience only and we have no control over the content or availability of other websites on the Internet. We make no representations about other websites or their content (even though you may access those other websites through this website). We do not accept any responsibility for the content of other websites and are not be liable for any loss, injury, damage or illness caused by or in connection with use of or reliance on any such content, or the use of goods or services available through those websites.
 

10. Intellectual Property

10.1 Only Organic, and third parties who have given us permission to use them, own various intellectual property rights in the content and design of this website, including:
a. New Zealand and Australian registered trade marks in the Only Organic logo and imagery; and
b. copyright in the text, graphics, photographs, information and other content on the website, and the look and feel of the website.

10.2 You must not infringe these intellectual property rights in any way, including (but not limited to) by copying, modifying or distributing by any means or in any manner.
 

11. Territorial Applicability

11.1 Only Organic is based in New Zealand and Australia, and this website is operated for the use of residents of these countries only. We make no representations that the content of the website it is appropriate for use elsewhere, and those who visit the website from other locations do so at their own risk.

11.2 These terms are governed by and construed according to the current laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
 

12. Ineffective Provisions

12.1 If any provision or part of a provision of these terms is or becomes unenforceable for any reason (including illegality), the relevant provision or part thereof will be deemed to be modified to the extent necessary to make it enforceable. If this is not possible, then:
a. where the whole of a provision is unenforceable, that provision will be severed from these terms; but
b. where only part of a provision is unenforceable, that part of the provision will be severed from the remainder of the relevant provision.

12.2 If any provision or part of a provision is deemed modified, or severed from these terms or from any other provision of these terms, this modification or severance will not affect the remainder of the provisions of these terms, or the remainder of any affected provision.
 

13. Disclaimers

13.1 To the extent possible at law, these Terms apply as both contractual provisions and non-contractual disclaimers, so will apply regardless of whether these Terms constitute a contract. In particular, clauses 2, 3 and 9 apply as non-contractual disclaimers as well as contractual terms.

14. Contact and Notices

14.1 Only Organic (a division of McCallum Industries Limited) may be contacted by the following means:
a. by email at info@onlyorganic.co.nz;
b. by post at 21-27 Mihini Road, Henderson, Auckland 0612, New Zealand;
c. by phone on               0800 665 967         0800 665 967 (New Zealand) or 1800 220 003 (Australia).

14.2 We will give all notices to you at the email or postal address you provide when you register with the website. If we give notice to you by email, you will be deemed to have received it immediately when we send it. If we give notice to you by post, you will be deemed to have received it 2 business days after the date we post it.