GENERAL

1.1       In these Terms:

(a)     Agreement means any order for purchase of Goods, together with these Terms.

(b)     Customer or You means the person, firm, company or entity buying Goods from the Seller.

(c)     Goods means the Goods specified your order.

(d)     Seller, We or Us means Clinic 1 Limited and its successors and assigns.

(e)     Terms means these Terms and Conditions of Sale.

2.         ORDERS AND PRICE

2.1       Orders are placed via our website at www.clinic1.co.nz.

2.2       You agree that each order accepted by us will constitute a separate contract on the terms of this Agreement.  The terms of the contract will include any relevant obligations relating to third party vendors like Afterpay or Laybuy.

2.3       You will pay the price stated on our website plus Goods and Services Tax.  We reserve the right to vary prices without notice.

2.4       Prices are quoted exclusive of transit costs. We will notify you of any courier or handling charges in relation to your order at the time you place your order and the charges will be added to the price. 

3.         PAYMENT

3.1       Website payments: Payments you make via our website are processed by Stripe, Afterpay or Laybuy and their global affiliates.  You agree to indemnify us against any default by your credit card company to make payment to us in full.

3.2       Unless otherwise agreed we will only deliver the Goods once you have made payment in full.

3.3       All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.

3.4       If, for any reason, we provide you with credit, failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any of our other rights or remedies, simple interest at 1.5% per month will be payable on demand from the due date until payment.

3.5       You indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.

4.         DELIVERY AND DEFECTS

4.1       We undertake to use reasonable endeavours to deliver the Goods within the time specified by us but dates we give for delivery are indicative only.

4.2       If items you have purchased are damaged, faulty or spoiled at the time of delivery, we will comply with our obligations under the Consumer Guarantees Act 1993 provided that you return the Goods to us within 30 days of delivery.   Otherwise, we do not accept cancellations or returns.

5.         OWNERSHIP AND RISK

5.1       Goods ordered through us are at our risk until delivered to you. Once delivered, ownership and risk in the Goods passes to you.

6.         GUARANTEES AND LIABILITY

6.1       Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.  Those rights apply alongside these Terms and Conditions and are not affected by anything in the terms.

7.         GENERAL

7.1       Events outside our control: If any cause beyond the reasonable control of the Seller including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, act of God or other contingency interferes with delivery by the Seller or with the performance by the Seller or any of its obligations under this Agreement then the Seller may at its sole discretion suspend its performance of any such obligation or cancel this Agreement and will not be liable to the Customer in any respect.

7.2       Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.

7.3       Variation to Terms: We may vary or replace these Terms from time to time by publication on our website. 

7.4       Waiver: This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement.  We may only waive a term or condition in writing, and such waiver will only apply to the particular transaction to which it refers.

7.5       Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in performing the Services. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the provision of the Services and any future like arrangement or arrangements. Because we use Stripe, Afterpay and Laybuy to process payments, you consent to and understand that your personal information may be sent to Stripe, Afterpay or Laybuy, and may be transferred, processed and stored outside of New Zealand.

7.6       Electronic Communications: You consent to receive commercial electronic messages from us.  If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.

7.7       Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.