1. Application of terms and conditions
1.1 In these terms and conditions, reference to “we” and “us” means Gout Control, and “our” has a corresponding meaning.
1.2 “You” means you our customer under these terms and conditions and “your” has a corresponding meaning.
2. Purchasing Products from the Gout Control website
2.1 While Gout Control has endeavoured to ensure that the information provided on the Gout Control website is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we shall not be responsible or liable for any error in, or omission from, the information provided on the Gout Control website. We reserve the right to make changes to the information provided on the Gout Control website at any time and without notice.
2.2 Your placement of an order via the Gout Control website is an offer to purchase our Products in accordance with these terms and conditions. We may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until the Product has been despatched to you. If we decline to accept your order, we will attempt to notify you using the e-mail address you have provided with your order.
2.3 To make a purchase from the Gout Control website on your own behalf:
a. You must be 18 years of age or over, or if you are under 18 years of age, you must have your parent or guardian’s consent to make the purchase and enter into the terms and conditions applying to the purchase;
b. You must be either purchasing on your own behalf or authorised to purchase on behalf of another person;
c. Products you purchase must be delivered to an address in New Zealand; and
d. You must be buying for your own use and not for resale.
2.4 If you are purchasing on behalf of a company, association, partnership or other such entity (“Entity”):
a. you must be authorised to agree to these terms and conditions on behalf of the Entity;
b. you must be authorised by the Entity to make the purchase;
c. delivery of the product(s) ordered must be to the Entity’s address in New Zealand;
d. you must be authorised to use the Entity’s credit card used to make the purchase; and
e. references in these terms and conditions to “you” include the Entity (as defined above).
2.5 By purchasing from the Gout Control website, you warrant that you meet the relevant conditions set out in clauses 2.3 and 2.4 above.
2.6 When making a purchase from the Gout Control website, you must provide all required information (including your name, contact details, and credit card details) or we might not be able to process your order.
2.7 At our discretion, you may not be able to proceed with any purchase on the Gout Control website which exceeds our current limits on volume or total value.
2.8 All orders are subject to the availability of Products. If for any reason a Product is not available, we will endeavour to notify the non-availability on the Gout Control website.
2.9 Where Products or Services are listed on Gout Control website with an incorrect price or with incorrect information, we reserve the right to cancel your order for those Products (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.
3. Price and Payment
3.1 The price payable for Products ordered by you shall be the price displayed on the Gout Control website at the time your order is submitted (subject to clause 2.9 above), together with the applicable delivery charges. Unless expressly stated otherwise, all prices displayed on Gout Control website are stated and payable in New Zealand dollars and include GST. All international purchases will be charged to your credit card at the exchange rate applicable at the time of purchase.
3.2 Products displayed on Gout Control website, and their prices, are subject to change without notice.
4. Delivery & Title
4.1 We will endeavour to despatch your order within 1 business day once we have confirmed that we have accepted your order and received all amounts payable for your order. If we are unable to despatch your order within this time frame we will endeavour to contact you and advise you of the expected despatch date. We will endeavour to provide you with email confirmation of despatch within 24 hours of despatch.
4.2 Any delivery costs will be added to the total order cost and be clearly presented before payment is requested.
4.3 Deliveries are made by courier throughout New Zealand on a business day to business day basis. Once your order has been accepted, your order should be delivered the following business day. Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
4.4 Title to, and responsibility for, each Product you order from the Gout Control website passes to you when the Product is delivered to you.
4.5 Where you believe that incorrect Products have been delivered, you must contact us with any such claim within 7 days of delivery and you must provide us with a reasonable opportunity to investigate that claim.
4.6 Where you believe that Products have been damaged during the delivery process, you must contact us with any such claim within 7 days of delivery and you must provide us with a reasonable opportunity to investigate that claim.
5. 100% Satisfaction Guarantee
5.1 Gout Control’s 100% Satisfaction Guarantee policy entitles you to a full refund for the purchase price of your Products (excluding any delivery charges) if you are not satisfied with them for any reason provided that:
a. you can contact us to arrange for the return of your Products within 90 days of receiving your purchase. We will send you instructions on how to return your products. You must return the Products, at your cost by Tracked Courier bag, to us within 10 business days of us of receiving the returns instructions.
b. you otherwise comply with the terms and conditions relating to the return of Products set out in clause 7.
5.2 You will be responsible for paying for any shipping charges required in order to return the Products to us under this Return policy.
6. Liability and warranties
6.1 We will meet our responsibilities under the Consumer Guarantees Act 1993. Without limiting our responsibilities to consumers, our warranties, guarantees, and liability to you in connection with your use of the Gout Control website and your purchase or use of the Products are limited and excluded as described in our website terms and conditions.
7.1 You may return a Product to us:
a. in accordance with our 100% Satisfaction Guarantee policy as set out in clause 5 above; or
b. where the Product is damaged upon delivery to you
7.2 If you wish to return a Product to us under clause 7.1, then (without limiting our responsibilities under the Consumer Guarantees Act) you must contact us within 7 business days of receiving the Product to arrange for it to be returned.
7.3 Products returned through the 100% Satisfaction Guarantee policy will only be accepted by us if you comply with the instructions you receive from us.
7.4 All Products you wish to return to us remain at your risk until they are delivered to Gout Control.
9.1 We reserve the right to change these terms and conditions from time to time by publishing the changed terms on the Gout Control website. When revised terms and conditions are published on the Gout Control website, all orders submitted by you after the revised terms and conditions are published shall be subject to the terms and conditions as revised.
9.2 If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
9.3 We shall not be liable to you for any delay or non-performance of our contractual obligations to the extent that such delay or non-performance is caused by an event or circumstance which is outside our reasonable control.