Terms & conditions
These terms and conditions apply solely to OSAVMO Online Shopping Mall.
1.2 Use of OSAVMO Online Shopping subject to terms and conditions
Your access to, and use of, OSAVMO Online Shopping is subject to the following terms and conditions. By using OSAVMO Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through OSAVMO Online Shopping constitute legal offers to purchase, and are capable of being accepted by OSAVMO without any further reference to the Customer.
1.3 Terms and conditions to prevail
These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policies.
1.4 OSAVMO discretion to accept registration
OSAVMO has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 OSAVMO discretion to accept orders
OSAVMO has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. OSAVMO may cancel an order for any reason whatsoever.
1.6 Registration and access costs
No costs are payable to register to use OSAVMO Online Shopping, but Customers are responsible for any costs incurred in using OSAVMO Online Shopping, including any charges imposed by their internet service provider.
1.7 Suspension or termination
OSAVMO may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through OSAVMO Online Shopping for any reason whatsoever.
1.8 Customer liable for every order
Customers are liable for every order made under their Login.
1.9 Trading hours
An order submitted by a Customer before 1:00 pm on Anzac Day or at any time on Good Friday, Easter Sunday or Christmas Day shall not be accepted by OSAVMO immediately at checkout but shall be deemed to have been accepted by OSAVMO at 1:05pm on Anzac Day or 12:05 am on the day following Good Friday, Easter Sunday or Christmas Day (as the case may be).
1.10 Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through OSAVMO Online Shopping for the purpose of resale and until OSAVMO receive customer's full payment for their purchase products.
Customers must fully pay for their purchase products before they collect their purchase products.
1.11 Security of information
OSAVMO shall use its reasonable endeavours to prevent any unauthorised entry into OSAVMO Online Shopping. However, no member of the OSAVMO Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Why is OSAVMO Online Shopping safe?
Safe technology systems - OSAVMO Online Shopping uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data it is stored on a secure server behind OSAVMOs' firewalls, so that your personal details are not accessible from the internet by any third party.
Safe payment systems - OSAVMO uses "Payment Express" to securely authorise credit card payments before any charges are made. For further information regarding "Payment Express" and how it encrypts and processes transactions, please visit www.paymentexpress.com.
Alternate methods of payment - If you do not wish to use your credit card to pay for orders you place at OSAVMO Online Shopping, you have the option to set up payment by direct debit. The option of using your credit card will remain available to you.
1.12 Site content
While OSAVMO has endeavoured to ensure that the information provided on OSAVMO Online Shopping is free from error, no member of the OSAVMO Group warrants its accuracy, adequacy or completeness, and no member of the OSAVMO Group shall be responsible or liable for any error in, or omission from, the information provided on OSAVMO Online Shopping.
We reserve the right to make changes to the information provided on OSAVMO Online Shopping at any time and without notice.
1.13 Use of the site
The Customer agrees not to use OSAVMO Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions or the terms and conditions that apply to the Onecard programme. Customers may download the information on OSAVMO Online Shopping for their own personal use but otherwise neither OSAVMO Online Shopping, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without OSAVMOs’ prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of OSAVMO Online Shopping, or damage the operation of OSAVMO Online Shopping, or OSAVMOs’ systems or those of other persons who use OSAVMO Online Shopping, whether by way of a virus, corrupted file, any other software or program, or otherwise.
The Customer shall pay OSAVMO for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered, except where:
The actual price you will pay is the price charged in store when your order is picked by your personal shopper. In these cases, any adjustments made to the total price of your order will be communicated on the invoice which accompanies the purchased Products via email.
The prices of Products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Fulfilment fee
In addition to the price of Products ordered, the Customer shall pay OSAVMO a fulfilment fee. This fee covers the costs associated with picking, packing and the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. OSAVMO may change this fee at any time, and may reduce this fee if the Customer collects the Products ordered and this has been previously agreed to by OSAVMO.
For orders in excess of reasonable household quantities (whether in respect of any one Product or the total size of the order), OSAVMO reserves the right to adjust the fulfilment fee to reflect the actual cost of delivery. Whether any order exceeds a reasonable household quantity or not will be determined by OSAVMO in its absolute discretion. If OSAVMO chooses to adjust the fulfilment fee, the Customer will be contacted prior to the order being delivered to confirm acceptance of the revised fee. Deliveries of such orders will not be made unless and until this confirmation is obtained. No member of the OSAVMO Group shall be liable to the Customer for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.
2.5 Variation of order and price
If the Customer requests a variation to the order under clause 6.1 which OSAVMO accepts then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.
2.6 OSAVMO may set credit limits
OSAVMO may from time to time set credit limits for individual Customers.
3. PRODUCT AVAILABILITY, RANGE, DEALS AND QUALITY
3.1 Product availability
Every effort will be made to fulfil orders placed with OSAVMO Online Shopping, but no member of the OSAVMO Group shall be liable to any person if OSAVMO is unable to or declines to supply a Product for any reason whatsoever.
OSAVMO reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
OSAVMO may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
3.2 Product range
OSAVMO reserves the right to limit the range of products available to certain areas.
Deals are subject to availability while stocks last. OSAVMO Online Shopping does not allow back orders for deals that are out of stock.
3.4 Product substitution
If OSAVMO is unable to or declines to supply a Product ordered by a Customer, OSAVMO may, except if the Customer otherwise directs by de-selecting the "Allow Substitutions" box at the online checkout, substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.
If OSAVMO cannot make a substitution on this basis, OSAVMO may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.
OSAVMO reserves the right to refuse to substitute any particular Product for any reason whatsoever.
3.5 Product quality
If OSAVMO agrees that a Product was delivered to a Customer in a damaged or spoiled condition, OSAVMO shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered).
3.6 Product labelling information
All products are sold in compliance with the labelling provisions of the Australia New Zealand Food Code. If the product delivered contains labelling information that does not meet with the customer’s requirements (e.g. ingredients, allergens, nutritional information etc.) the customer may return to the Golden Products Store or replacement product to an equivalent value, upon presentation of the product and accompanying online shopping invoice.
4.1 Method of Payment
Customers must pay OSAVMO for the Products purchased by direct debit or by credit card. OSAVMO Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.
4.2 Payment by direct debit
If a Customer chooses to pay by direct debit, he or she must complete and return a direct debit instruction form, available initially at the point of registration, or at any time thereafter by contacting the Customer Service Team.
Following receipt of a valid direct debit instruction form, OSAVMO will process payment for all future orders placed by the Customer in accordance with that instruction form, unless otherwise instructed by the Customer.
The Customer shall notify the Customer Service Team immediately if there is any change to the bank account number which the Customer wishes to use to pay by direct debit.
4.3 Payment by credit card
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and OSAVMO will contact the Customer to make alternative payment arrangements.
OSAVMO reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Product ordered, OSAVMO shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.5 Debt collection
The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.
4.6 Change to payment policy
OSAVMO may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.
Gift vouchers and Christmas vouchers may not be purchased through OSAVMO Online Shopping.
4.8 Discount and Discount Code
All discount is based on listed price.
Discount code is only applied to selected products.
5.1 Delivery areas
If a delivery suburb is listed in the registration area, this does not imply that OSAVMO Online Shopping will deliver to all addresses within that suburb.
5.2 Right to withhold delivery
OSAVMO reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if OSAVMO permits) or alternative delivery arrangements are made.
5.3 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of the OSAVMO Group shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of the OSAVMO Group for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
OSAVMO shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
5.4 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to OSAVMOs' couriers, and that it is safe for those couriers to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. OSAVMO reserves the right to charge Customers an additional fulfilment fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to OSAVMO are not reached, the Customer will be deemed to have cancelled the order, and will incur a $20 cancellation fee.
5.5 Change of address
The Customer shall notify the Customer Service Team immediately of a change to its delivery address.
5.6 Delays to delivery
Notwithstanding any other term, no member of the OSAVMO Group shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of OSAVMO or otherwise.
If OSAVMO considers that the delivery of a Customer's order is likely to be substantially delayed, OSAVMO may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
5.7 Delivery deemed to have taken place
Subject to clause 10.5, if no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
5.8 Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case OSAVMO will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), OSAVMO reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, OSAVMO reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, OSAVMO will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock OSAVMO may cancel the order for that Product) (in each case without incurring any cancellation fee), and OSAVMO will refund the value of the relevant Product (as at the date on which the Product was ordered).
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
(a)The Customer may vary or cancel the order up to the point in time that OSAVMO has commenced packing the order by contacting the Customer Services (04 589 2501).
(b) If the Customer wishes to cancel an order after the order has been packed, the Customer will incur a $20 cancellation fee.
(c) If the Customer wishes to cancel a Rural or Provincial order after the order has been picked up by the Courier, the customer will incur a $20 cancellation fee, additional fees associated to the cost of the courier delivery tickets used for the order, and any subsequent costs associated for returning the order to the store by the Courier.
(d) If the Customer wishes to cancel a standard Metropolitan order after the order has been picked up by the Courier, the customer will incur a $20 cancellation fee, and any subsequent costs associated for returning the order to the store by the Courier.
(e) OSAVMO may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
the Products in that order are not available; or
there is an error in the price or the product description posted on the Site for the Product in that order; or
that we reasonably believe your order has been placed in breach of these terms and conditions.
(f) In the event of a cancellation by OSAVMO, OSAVMO will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
The Customer shall keep their Login details safe and confidential at all times.
Subject to clause 14, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of the OSAVMO Group other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of the OSAVMO Group assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.
9. LIABILITY AND INDEMNITY
The provisions contained in this clause 9 are subject to clause 14 to the extent applicable.
9.1 Product liability
The liability of the OSAVMO Group whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of OSAVMOs' obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
9.2 No liability for indirect loss
No member of the OSAVMO shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, OSAVMO Online Shopping, or the delivery or failure to deliver any Products.
Notwithstanding any other term, the Customer agrees to indemnify each member of the OSAVMO Group against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of the OSAVMO Group, arising directly or indirectly out of the Customer's use of OSAVMO Online Shopping, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
10. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to OSAVMO Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, OSAVMO, its licensors and the providers of any other products and services accessible through OSAVMO Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.
If the performance by OSAVMO of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit,electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of OSAVMO) OSAVMO shall be excused from such performance to the extent of such prevention.
12. PRIVACY ACT
The provisions contained in this clause 13 only apply to personal information collected by OSAVMO on OSAVMO Online Shopping. Separate private policies apply to other products and services supplied by OSAVMO.
12.1 Collection of information
OSAVMO Online Shopping contains applications which collect personal information about the Customer. OSAVMO will only use this information to the extent authorised by the Customer, and will only disclose it in the manner set out below.
In using OSAVMO Online Shopping the Customer authorises OSAVMO or OSAVMO’s agents to collect, retain and use their personal information for the purposes of:
(a) processing the Customer's registration application;
(b) assessing the Customer's credit-worthiness;
(c) undertaking any dealings or transactions with the Customer;
(d) enforcing any legal or other rights OSAVMO may have against the Customer in any manner that OSAVMO sees fit;
(e) sending the Customer any advertising or promotional material; and
(f) enhancing OSAVMO Online Shopping so that OSAVMO may offer you a better, more personalised and tailored service.
12.2 Collection from other sources
In using OSAVMO Online Shopping the Customer further authorises OSAVMO to collect personal information about the Customer from any other source available to OSAVMO including but not limited to credit referral agencies, the Customer's bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer has been associated.
12.3 OSAVMOs’ right to refuse application
If sufficient personal information is not supplied, or is not satisfactory to OSAVMO, then OSAVMO reserves the right to refuse to accept the person's application to register to use OSAVMO Online Shopping.
OSAVMO Online Shopping may use 'cookies'. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use OSAVMO Online Shopping you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
12.5 Website Analysis Tools
OSAVMO uses Google Analytics to collect information such as the number of visitors per day or the number of pages requested per day. In order for this to occur a small piece of code is placed on each page which counts these statistics.
This non-personal information gained is aggregated by Google Analytics and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers.
For further information about Google Analytics - Click here.
Emails sent on behalf of OSAVMO Online Shopping to registered shoppers may include code that measures e-mail response and click through activity.
12.6 Information retained by OSAVMO
Any personal information supplied by the Customer may be retained by OSAVMO until such time as the Customer requests that the information be removed.
Any personal information supplied by the Customer and retained by OSAVMO may be disclosed to other persons or body corporates engaged by OSAVMO for or in relation to any of the purposes listed in clause 13.1 above, including but not limited to:
(a) Golden Products NZ Ltd employees.
(b) Research and/or marketing firms.
(c) Credit referral agencies.
(d) Business advisors.
OSAVMO reserves the right to disclose a Customer’s personal information when it believes it is appropriate to comply with the law, facilitate court proceedings or to otherwise protect OSAVMO’s rights. OSAVMO may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
12.8 Storage of personal information
OSAVMO has taken many steps, from both technical and systems perspectives, to ensure that Customers' information is well protected. However it is important that Customers remember to never share their Login with any other person.
While OSAVMO endeavours to keep the Customer's personal information collected on OSAVMO Online Shopping secure and confidential, no member of the OSAVMO shall be responsible for any breach of security caused by third parties, nor represents that OSAVMO Online Shopping is completely secure.
Any personal information that a Customer provides to OSAVMO through OSAVMO Online Shopping will be collected and held by OSAVMO or on OSAVMO’s behalf. OSAVMO’s address is 5 Sydney Street, Petone, Wellington, New Zealand.
12.9 Customer's rights of access
The Customer has the right under the Privacy Act 1993 to access and request to update and/or correct their personal information held by OSAVMO. The Customer agrees to pay OSAVMO the reasonable charges requested by OSAVMO in relation to time and attendances involved in complying with the Customer's request in this regard.
Customers may access and update certain personal information held by OSAVMO in the "My Account" area of OSAVMO Online Shopping. The Customer can also request a change to this information by telephoning a OSAVMO Customer Service Representative on 04 5892501.
13.CONSUMER GUARANTEES ACT
The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by OSAVMO.
The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
14. LINKS TO AND FROM OTHER WEBSITES
1 We are a distributor and not publisher of Third Party Content. Subject to clause 10.1:
(a) We do not endorse, warrant or make any representation about any Third Party Content and you acknowledge that we have not independently verified any of the information contained in the Third Party Content;
(b) We take no responsibility for any Third Party Content (including any inaccuracy or omission).
2 We are not responsible for any communication between you and any user (including Merchants), whether such communication has occurred as a result of use of the Website.
3 You acknowledge that:
(a) you use and rely on Third Party Content at your own risk;
(b) Subject to clause 10.1, we do not warrant or make any representation about any Content we have provided for informational purposes;
(c) Subject to clause 10.1, any Content downloaded or otherwise obtained through the Website is done at your own risk and you will be solely responsible for any and all damage (including to your computer system or loss of data); and
(d) Subject to clause 10.1, we make no warranties that the Website will meet your requirements or that the Website will operate uninterrupted, be secure or be error-free.
The Customer agrees that it will not create a hyperlink to OSAVMO Online Shopping without Golden Products Ltd. written permission. If a Customer does create a hyperlink to OSAVMO Online Shopping, that Customer is responsible for all losses any member of the OSAVMO may suffer as a result of that link, whether direct or indirect. Linking to OSAVMO Online Shopping is at the Customer's own risk. The Customer agrees that is shall not frame any part of OSAVMO Online Shopping by including advertising or other revenue generating material.
15. VARIATION OF TERMS AND CONDITIONS
From time to time OSAVMO Online Shopping may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of OSAVMO Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes.
16. GOVERNING LAW
New Zealand law governs the use of OSAVMO Online Shopping and these terms and conditions.
17. ERRORS AND COMPLAINS
If you have questions or if you wish to make a complaint, please email email@example.com or call us on 0064 4 5892501
Food dedicated freight
Free Shipping under specified condition
7 days no reason returned
Phone (04) 5892501
Monday - Friday: 9:00 am - 5:00 pm
10-14 Gear Street, Petone
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Kindly inform that we NO LONGER provide individual delivery services only for Group-buy products.
Due to the cost increase on both labour and transportation, if your order only left Group-buy goods undelivered and you wouldn't place another order around that time, there are two options to be considered: EITHER we will hold your orders as you agreed until you place the next order and deliver all together, OR you could collect your Group-buy products from our pickup point around Wellington city including our retail shop. We apologize for any inconvenience caused.
If you have any question, please do not hesitate to contact us. Thank you.