Turuki Health Care Terms and Conditions

Turuki Health Care Terms and Conditions

These terms and conditions of trade (“Terms”) govern the supply of all goods (“Goods”) and services (including Wanangas) (“Services”) by Turuki Health Care Charitable Trust (“Turuki”, “us”, “our” or “we”) and any customer (“Customer” or “you”) that orders Goods or Services via our website at www.turukihealthcare.org.nz (“Order”). Any person purchasing on behalf of an entity warrants that they have the authorisation to accept these Terms on behalf of the entity.
These Terms are effective from 4 March 2022 and prevail over any previous terms, or any other form of contract, despite any indication to the contrary by any person acting or apparently acting on our behalf, unless agreed in writing by a duly authorised officer of Turuki.
We reserve the right to change these Terms from time to time by giving notice of the amendment to you. Notice is deemed given to you when we post the amendment to our website.
1. ORDERS
1.1. All Orders placed by you shall constitute acceptance of these Terms, despite anything to the contrary in an Order. If you do not understand or agree with any of the terms or conditions outlined herein, please contact us immediately.
1.2. Orders for Goods and Services must be placed on our website at www.turukihealthcare.org.nz.
1.3. If you wish to cancel your Order, you can do so through your online account with us by visiting www.turukihealthcare.org.nz/my-account . For further assistance, email wellness@thc.org.nz or by phone on (09) 275 5788.

1.4. Your Order Cancellation Rights/Credits

1.5 You are entitled to cancel Your Order within 14 days without giving any reason for doing so.

1.6 The deadline for canceling an Order is 14 days from the date on which You received the Goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered.

1.7 In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:

1.8 By visiting this page on our website: https://turukihealthcare.org.nz/product/exchangecouriercharge/
1.9 By sending us an email: wellness@thc.org.nz and cswainson@thc.org.nz

1.10 We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

1.11 Conditions for Returns

1.12 In order for the Goods to be eligible for a return, please make sure that:

1.13 The Goods were purchased in the last 14 days
1 .14 The Goods are in the original packaging
1.15 The following Goods cannot be returned:N/A
1.16 The supply of Goods made to Your specifications or clearly personalized.
1.17 The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
1.18 The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
1.19 The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.

1.20 We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our sole discretion.

1.21 Returning Goods

1.22 You are responsible for the cost and risk of returning the Goods to Us. You should send the Goods at the following address:

Cambridge Clothing Limited
Attn: Exchanges/Turuki
Exchange Order number: ????
525 Rosebank Road
Avondale, Auckland 1026

1.23 We cannot be held responsible for Goods damaged or lost in return shipment. Therefore, We recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received return delivery.

1.11 Conditions for Exchanges

1.12 In order for the Goods to be eligible for an exchange, please make sure that:

1.13 The Goods were purchased in the last 14 days
1 .14 The Goods are back in the original packaging
1.15 The following Goods cannot be exchanged: N/A
1.16 The supply of Goods made to Your specifications or clearly personalized.
1.17 The supply of Goods which according to their nature are not suitable to be exchanged, deteriorate rapidly or where the date of expiry is over.
1.18 The supply of Goods which are not suitable for exchange due to health protection or hygiene reasons and were unsealed after delivery.
1.19 The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.

1.20 We reserve the right to refuse exchanges of any merchandise that does not meet the above return conditions in our sole discretion.

1.21 Exchanging Goods

1.22 You are responsible for the cost and risk of returning the Goods to Us. You should send the Goods at the following address:

Cambridge Clothing Limited
Attn: Exchanges/Turuki
Exchange Order number: ????
525 Rosebank Road
Avondale, Auckland 1026

1.23 We cannot be held responsible for Goods damaged or lost in return shipment. Therefore, We recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received return delivery.

1.24 You are responsible for the cost of returning the Exchanged Goods back to you. You need to pay this courier fee before sending the Goods back to us for exchange.

1.25 Payment of the Exchange Courier fee can be made via this link should send the Goods at the following web address: https://turukihealthcare.org.nz/product/exchangecouriercharge/

2. PRICING
2.1. Prices for Goods and Services are displayed on our website at the time of the Order.
2.2. Prices are in New Zealand dollars and are inclusive of GST unless stated to be otherwise.
2.3. Prices for Goods are exclusive of delivery charges. A total delivery cost will be provided in the Order summary of your online shopping basket for your review prior to confirming your Order.
2.4. All prices are correct when published. We reserve the right to alter prices at any time.
3. AVAILABILITY OF GOODS AND SERVICES
3.1. All Orders are subject to availability. If for any reason a product or a Service is not available, we will use best endeavours to notify the non-availability of the Goods or the Services on our website.
4. PAYMENT
4.1. For Goods: Payment for Goods is due in full at the time your Order is placed on our website.
4.2. For Services: You will be required to pay a non-refundable deposit for Services at the time your Order is placed on our website. Payment for Services is due in full no later than two weeks prior to the commencement of the Services. Full-Service fee is non-refundable and non-transferable 2 weeks out from the wānanga or event the order is made for. 
4.3. All payments made through our website will be processed through a secure payments system. All payments are subject to the applicable payment system’s current terms and conditions, which you may be required to review and accept before confirming your Order.
5. SHIPPING AND DELIVERY
5.1. We will deliver, or arrange delivery of, the Goods to the address specified in your Order. We only deliver to New Zealand street addresses. We do not deliver to PO boxes.
5.2. Once an Order is dispatched to delivery, it is passed to one of our freight companies. While we aim to complete this step the day we receive payment confirmation, we may require additional processing time during busier seasons.
5.3. General freight and ordinary courier is a door to door, one-man delivery service. This means that your item will be left near or by your door, or at the end of your driveway. If the delivery vehicle cannot access your nominated address, the item may be delivered by the curbside of the nominated address.
6. TITLE, RISK AND OWNERSHIP
6.1. Title to, and risk of any loss, damage or deterioration of or to, the Goods passes to the Customer on delivery. The Customer is responsible for insuring Goods from the time of delivery.
7. WARRANTIES
7.1. Subject to clause 10, no warranty or condition is implied against Turuki under any statute, at common law or otherwise and no representation, condition, warranty or variation of these Terms is binding on Turuki unless it is in writing and signed by a duly authorised officer of Turuki.
8. SERVICES
8.1. If you wish to cancel any Services, you must provide us with written notice.
8.2. All Services are subject to a 7-day cooling off period. Please notify Turuki within 7 days of purchasing your Services if you do not wish to receive the Services and we will cancel the applicable Order. Turuki will then refund you any monies you have paid to us for those Services, save for any costs incurred by Turuki for implementing the refund (such as administration fees and bank charges).
8.3. If you cancel the Services with at least 20 business days before the commencement of the Services, we will refund you all monies paid, except for the deposit which is non-refundable.
8.4. If you cancel the Services within 20 business days (but not within the final 10 business days) before the commencement of the Services, you will not receive a refund however we will transfer your balance to another local Turuki program.
8.5. If you cancel the Services within 10 business days before the commencement of the Services, you forfeit 100% of the monies paid and your balance will not be transferred to another Turuki program.
8.6. We may cancel Services at any time by notice in writing to you. If we cancel a Service, we will refund you the monies you have paid to date, including the deposit.
9. RETURN OF GOODS
9.1. Please choose carefully before confirming your Order for Goods as we do not have to provide a refund if you have changed your mind about a purchase. However if the Goods are faulty, we will meet our obligations under the Consumer Guarantee Act 1993 if applicable (see clause 10).
9.2. Subject to clause 9.1, you may return Goods to us at your own expense within 7 days of the Order being delivered and in conjunction with a completed return form.
9.3. Goods damaged in transit must be reported to Turuki within 2 business days of their receipt, along with the quoting packing slip or invoice number.
9.4. Where it is identified that damage occurred after risk in the Goods passed to you, we accept no responsibility for such a claim.
9.5. Any shipping costs to return the original Goods to us will be at our cost, where we consider that the Goods have breached a consumer guarantee. However, if on examination of the Goods returned to us, the Goods are found not to have breached any consumer guarantee, we may charge you a fee for examining the Goods and any fee for returning the Goods to you.
10. CONSUMER GUARANTEES ACT 1993
10.1. Where you acquire or hold yourself out as acquiring Goods or Services from us for the purposes of a business as defined in the Consumer Guarantees Act 1993 (“CGA”), the provisions of the CGA and the remaining provisions of this clause 10 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 also not apply and are excluded from these Terms.
10.2. Under the CGA, you have guaranteed legal rights for goods and services you buy. If the Goods or Services supplied to you do not meet a consumer guarantee, but can be remedied within a reasonable time, we will either repair or replace the Goods or re-deliver the Services. If we cannot repair or replace the Goods or Services, or those parts of the Goods or Services that are at fault, we will provide you with a refund of the purchase price.
10.3. If there is a ‘major failure’, i.e. where the failure in the Goods cannot be repaired or cannot be repaired within a reasonable time, or where the failure constitutes a ‘failure of substantial character’ as set out by section 21 of the CGA, you are entitled to return the Goods and choose to have a replacement of the returned Goods, or a refund.
10.4. CGA guarantees are in addition to any warranty offered by a manufacturer for Goods, and you may have rights against the manufacturer directly.
10.5. Goods or Services described incorrectly on our website must be reported to Turuki within 2 business days of their receipt (in the case of Goods) or delivery (in the case of Services), along with the quoting packing slip or invoice number (if applicable).
10.6. Any Goods which show obvious manufacturing defects must be notified in writing to Turuki within 2 business days from receipt of the Goods. Where possible, please quote the packing slip or invoice number.
10.7. Goods cannot be returned unless Turuki has specifically agreed with the Customer in writing to this effect in advance.
11. LIABILITY
11.1. We will not be liable for any claim for loss or compensation or any other remedy (of any nature, including under contract or in negligence) by the Customer or any other person including without limitation any claim relating to or arising from:
(a) any condition, warranty, description, representation, condition as to fitness or suitability for any purpose, merchantability or otherwise, whether express or implied by law, trade custom or otherwise (excepted as provided by the CGA);
(b) any representation, warranty, or agreement made by any agent or representative which is not expressly confirmed by Turuki in writing; or
(c) any claim relating to an injury of any nature which occurred during the delivery or movement of any Order.
11.2. We will use our best endeavours to fulfil Orders which have been confirmed, but we will not be liable for any failure to deliver, or for a delay in delivery.
11.3. In no event shall either party be liable (whether in contract, tort (including negligence) or otherwise howsoever) for any loss (whether direct or indirect) of profits, business, anticipated savings or otherwise for any indirect special or consequential loss whatsoever, even if such party was or should have been aware of the likelihood of such loss.
11.4. If despite this clause we are held to be liable to you under these Terms for loss of any nature (including under contract and in negligence), Turuki’s total liability will not exceed the price of the Goods or Services in relation to which that liability was incurred.
12. INDEMNITY
12.1. You hereby indemnify and agree to hold harmless us (and our directors, officers, employees, agents and authorised representatives) against all loss, damage, liability, actions, proceedings, claims, demands or prosecutions, costs, damages and expense of any kind or nature suffered, incurred, brought or commenced against us (and our directors, officers, employees, agents and authorised representatives) as a result of your fraud, negligence or failure to comply with these Terms.
13. PRIVACY
13.1. Through conducting normal business, we may collect your personal information, such as purchase history, contact and delivery details. This information will be held and used in accordance with the Privacy Act 2020 and this clause 13.
13.2. You authorise us to collect, retain and use any information about you for the purpose of enforcing any rights under these Terms, or marketing any goods provided by us to you or any other party.
13.3. We may disclose your personal information as required by law.
13.4. 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 guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
13.5. Where you are a natural person, the authorities under clause 13.2 are authorities or consents for the purposes of the Privacy Act 1993.
13.6. You have the right under the Privacy Act 2020 to obtain access to, and to request the correction of, any personal information concerning you held by us.
13.7. You acknowledge that we will communicate with you (including by telephone, email and/or text message) for the purpose of performing our obligations in connection with your Order.
14. FORCE MAJEURE
14.1. Turuki will not be liable for any failure or delay in complying with any obligation imposed by these terms and conditions if the failure or delay arises from any circumstance beyond our reasonable control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation embargo, changes in law, delays or disruption by government or government agencies, epidemics or pandemics.
14.2. If the delay continues for a period of 90 business days or more, either party may cancel the Order without liability to the other.
15. INTELLECTUAL PROPERTY
15.1. As between the parties, title to, and all proprietary rights in, all intellectual property rights will be vested in and remain with Turuki. For the purposes of this clause 15, “Intellectual Property Rights” include all rights in relation to present and future copyright, confidential information, patents, inventions, registered and unregistered trademarks, registered or unregistered designs, ideas, concepts, know-how or techniques, software and documentation developed or utilised by Turuki in relation to the Goods or the provision of Services and includes any right to licence and sub-licence any of the above.
15.2. All Intellectual Property Rights in respect of the Goods and Services and all modifications to, and derivative works based upon, such items and information, are and will remain the exclusive property of Turuki and its licensors.
16. MISCELLANEOUS
16.1. While we endeavor to supply correct information on our website at all times, mistakes, errors or omissions may occur. We take no responsibility for any loss or damage, direct or indirect, resulting from the use or application of information contained on our website.
16.2. Failure by us to enforce any of the Terms contained herein shall not be deemed to be a waiver of any of the rights or obligations we have under these Terms.
16.3. These Terms shall be governed and construed in accordance with the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
16.4. 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 Goods or Services 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).
16.5. 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.
16.6. The singular shall include the plural and vice versa and words importing any gender shall include every other gender.
16.7. A “business day” means any day, other than a Saturday, Sunday or public holiday in Auckland, on which banks are generally open for business.
16.8. Unless any provision in these Terms expressly provides otherwise, these Terms are not intended to confer a benefit on any person or class of person who is not a party to it.
16.9. We may deliver notices to you by sending them to an email address that you have notified to us.
16.10. If anything in these Terms is unenforceable, illegal or void, then it is severed and the rest remains in force, unless the severance would change the underlying principal commercial purpose or effect.
16.11. The United Nations Convention on Contracts for the International Sale of Goods adopted at Vienna, Austria, on 10 April 1980 does not apply to the sale of Goods or Services the subject of these Terms.
16.12. The Customer must not transfer its rights in respect of the purchase of Goods or Services to any other party without Turuki’s prior consent in writing.

 

 

 

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