Terms & Conditions
Acceptance of termsThese terms and conditions govern all supply of goods and services ("products") by The Free Range Herbalists (The Free Range Herbalists Limited, "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.thefreerangeherbalists.co.nz ("the website"). They are effective from 30 April 2020 and will replace all earlier The Free Range Herbalists Limited terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supplyAll orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Delivery and delivery chargesPrices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
PricingAll prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment optionsWe accept direct debit from New Zealand bank accounts.
At this time we cannot accept payment from your PayPal account if you have one.
Shipping and deliveryShipping Costs: Shipping within New Zealand is calculated as a flat rate based on the packaging, handling, postage and tracking with Pass The Parcel.
Delivery Time: Delivery will be made in 3-7 working days, depending on the time and day of the week the order is placed and the location of the recipient. No shipping on Saturday, Sunday or public holidays. Products requiring refrigeration will be shipped at the beginning of the week only.
ReturnsPlease choose carefully. We do not give refunds if you simply change your mind or make a wrong decision. Where goods are faulty, have been wrongly described, or are different to the product purchased on the website, we will meet our obligations under the Consumer Guarantees Act to provide a remedy. We really care about your health and wellbeing, and stand by our products. So please contact us if you have concerns.
Liability LimitationWhere you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdictionUnless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Information Collection & Use:
We may collect and process information you give us when you fill in forms on our website www.thefreerangeherbalists.co.nz or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you order our products; subscribe to our newsletter; send us a query; participate in social media functions; enter a competition, promotion or survey; provide your details at an expo, market, fair or similar function; or if you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number.
We will use information you give us to carry out our obligations arising from any contracts (orders) entered into between you and us and to provide you with the information, products and services that you request from us.
We also use this data to provide you with information and promotions about the products we offer.
If you no longer wish to receive these communications you will be able to opt out either by contacting us by email or by following the unsubscribe instructions at the bottom of the communications sent to you.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We will place data files ("cookies") on your computer to enable you to use some features of our websites, and to provide a more personalised shopping experience.
Where you choose not to enable cookies from our Website, some functionality of the Website may not be available to you.
Disclosure of your information:
We will never sell or share your information to any third party. Your details will be managed on our own databases on Rocketspark (website manager), Xero (accounting software) and Mailchimp (email marketing).
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law.
We cannot be held responsible for a breach of our website security that is beyond our control.
Individuals may have access to any Personal Information we hold about you at any time. You may request to access, correct, amend or delete information we hold about you by contacting us here.
The Free Range Herbalists Limited
505 Devonport Road
phone: 027 2009090 / 0272502650
Information on this website is intended for your general information and is not a substitute for medical advice from a health care professional. The information and products are intended to support general health and wellbeing and are not intended to diagnose, treat, mitigate, cure or prevent any physical or mental condition, or disease. We recommend that you consult your doctor or other qualified health care professional with any questions you may have regarding a medical condition, or physical or mental health. Always read the label of the health product you purchase and use only as directed. Please seek advice if you are unsure if the product is suitable for you and consult a health care professional if symptoms persist.
General ConditionsWe reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.thefreerangeherbalists.co.nz
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.