Manuka Health New Zealand Limited is a leading New Zealand natural health company, and we manufacture and sell New Zealand bee products in a range of countries.
These Terms and Conditions of Sale (“Terms”) govern the supply of our products to you that you order via the Manuka Health website at www.manukahealth.com and any websites or applications operated by us (collectively, “Website”).
By ordering any products using our Website, you agree that you are bound by these Terms. If you do not agree to anything in these Terms, then you should not order any products from us. You should read these Terms carefully and contact us if you have any queries about them.
References in these Terms to “we”, “us”, or “our” are references to Manuka Health New Zealand Limited.
References to “you” or “your” are references to the person or entity ordering our products.
If you are ordering our products on behalf of another entity, you represent and warrant that you have authority to do so and are entitled to bind that entity.
To purchase any of the products available from the Website (“Products”) or to open an account with us, you must provide us certain information, including your name, address, contact details, and payment information.
You agree that all information you provide us about you at any time will be accurate, up to date, and complete.
You are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer, your account, or your password.
You are responsible for all activities that occur under your account or password. You must tell us immediately if you believe some person has accessed your account without your authority. If someone has accessed your account without your authority, we recommend that you log in to your account and change your password. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
Our listing of Products on the Website constitutes an invitation for you to make an offer to purchase those Products. By clicking to confirm an order to buy a Product from us via the Website, you acknowledge that you are offering to purchase that Product from us.
We will be deemed to have accepted your offer where acceptance is confirmed in an email, SMS text message or other message from us or by the dispatch of the Product to the last delivery address provided by you.
Price of Products
The price payable by you for a Product will be the price at the time you click to offer to purchase that Product, in the absence of any errors on our part. We will let you know if any such errors arise, and either you or we can then cancel your order.
The price of any Product may change over the time it is listed on the Website. It is your responsibility that you are up-to-date with the latest price of the Products at the time you make your offer.
Only one discount (if applicable) can be used per order.
Prices listed on this Website exclude sales, VAT, and other applicable taxes for the United States of America (unless otherwise expressly stated), which will be added if applicable at the point of checkout.
Prices listed on this Website will not include any delivery costs. Delivery costs will vary according to the size of the order and the delivery location. You should check our Shipping Terms located on our Website as they are updated from time to time (Shipping Info – MānukaHealth – Manuka Health US). Those Shipping Terms form part of these Terms.
Where possible, Product pricing will be shown in United States currency.
When offering to purchase a Product, you must pay the price for that Product in full using credit or debit cards or through such other payment methods set out in the checkout section of our Website, unless otherwise agreed in writing with us. These payment methods include credit card, Shop Pay, PayPal, Apple Pay and Google Pay.
You are responsible for paying all charges (including, by way of example, any currency conversion fees or foreign transaction charges assessed by your bank) associated with your order.
If any payment amount is insufficient or any payment is otherwise declined, your order will automatically be cancelled.
Once you have purchased a Product, we will deliver that Product to you in accordance with the delivery option you elected when you placed your order. All Product deliveries are subject to our Shipping Terms, and you agree that you have read and understood our Shipping Terms.
Cancellations and returns
You are not permitted to cancel any order once the Product has been shipped except as specified in these Terms or to the extent permitted by applicable law. If you try to cancel any order once the Product has been shipped, you agree that we will not be liable to refund any amount paid by you in relation to the purchase of that Product.
If any Product is defective upon delivery to you, you may notify us, and we will provide you with a credit or replacement for the defective Product. Please see our Returns and Refund Policy.
OUR LIABILITY FOR ANY DEFECTIVE PRODUCT WILL BE LIMITED TO ONE OR MORE OF THE FOLLOWING AT OUR OPTION:
a) THE REPLACEMENT OF THE PRODUCT(S) OR SUPPLY OF EQUIVALENT PRODUCT(S);
b) A CREDIT OF THE PURCHASE PRICE AND SHIPPING COST (IF ANY).
Some items in our store may be offered to you as a subscription. When you purchase a subscription, you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select.
Your payment details will be stored securely and you'll be charged for each of these deliveries, unless you choose to pay in advance.
Some subscriptions may auto-renew at the end of their duration. If you don't want to renew a subscription, or you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can manage your subscription from there.
See our ‘Cancellation and returns’ section above for more details on returns and refunds.
Risk and title
Risk in all Products you order will pass to you upon delivery of the Products to you.
Title in the Products you purchase will not pass until the later of (1) our receipt of your payment in full for the Products and (2) delivery of the Products to you.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) TO YOU FOR:
a) LOSS OF REVENUE OR PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR OPPORTUNITY, LOSS OF PRODUCTION, LOSS OR CORRUPTION OF DATA, OR WASTED MANAGEMENT OR STAFF TIME; OR
b) LOSS, DAMAGE, COST, OR EXPENSE OF ANY KIND WHATSOEVER THAT IS INDIRECT, CONSEQUENTIAL, OR OF A SPECIAL NATURE,
ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THE WEBSITE OR YOUR PURCHASE OF ANY PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF SUCH LOSS, DAMAGE, COST OR EXPENSE WAS REASONABLY FORESEEABLE BY US.
OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF ANY AND ALL CLAIMS RELATING TO YOUR USE OF THE WEBSITE OR THE PURCHASE OF ANY PRODUCTS, EXLCUDING DEFECTIVE PRODUCTS AS SET OUT ABOVE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) WILL NOT IN ANY CIRCUMSTANCES EXCEED US $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH ABOVE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
We may amend these Terms from time to time without notifying you. The current and binding Terms that apply to the purchase of Products will be the version displayed on the Website at the time you place your order.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be severed from these Terms or modified to the minimum extent necessary to bring it into conformity with applicable law, and the remainder of these Terms shall continue in effect.
We will not be liable to you for any delay or failure to perform any of our obligations under these Terms where our delay or failure is caused by anything beyond our reasonable control, including (without limitation) war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, weather phenomena or other act of God, or any governmental regulation, order, or direction.
These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
These Terms, and any disputes arising from or relating to the conduct covered by the Terms, are governed by the laws of England, without regard to its conflict of laws principles. Any dispute or difference arising out of or in connection with these Terms, including any question about its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference to this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.