Our services and Products are provided to you subject to the following notices, terms and conditions. In addition, when you use any service or purchase any Product, you will be subject to the rules, guidelines, policies, terms and conditions which the Supplement Shop indicates to you at the time as being applicable to such service or Product. These terms and conditions may be changed at any time and any such changes will be notified on the Supplement Shop.

Terms and Conditions of Sale

1. Definitions

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

"Contract" means a contract for the sale by us to you of the Products.

"Customer" means you.

"Price" means the price for the Products, and includes GST (where you are a New Zealand customer) and excludes shipping costs.

"Products" means those goods supplied by us to the Customer from time to time and for sale in the Supplement Shop.

"Supplement Shop" means this internet site owned by Pro-Soma and the medium by which Products are offered for sale by us to our Customers.

"Nominated Payment Authority" means Visa, MasterCard or Bankcard.

"Pro-Soma" "Seller", "we, "our" and "us" all mean Pro-Soma Distributors Limited trading as Pro-Soma Enterprises of Christchurch, New Zealand.

2. Use of Supplement Shop

(a) The Supplement Shop is owned and operated by Pro-Soma. By using the Supplement Shop, you agree to these Terms and Conditions. If you disagree with any of these terms and conditions, you should not purchase from or otherwise use the Supplement Shop.

(b) We shall sell and you shall purchase the Products from the Supplement Shop in accordance with these Terms and Conditions only. You acknowledge that you are aware of the contents of these Terms and Conditions and agree to be bound by them.

3. Orders

(a) You must order the Products in accordance with the instructions on the Supplement Shop.

(b) We have the absolute discretion to refuse to sell any Product for any reason whatsoever.

4. Payment

(a) You will pay us for the Products by authorising us to charge any one of your Nominated Payment Authorities.

(b) You must pay us for the purchase of the Products in full by authorising us to charge your Nominated Payment Authority on the date on which we dispatch the Products to you from our warehouse. Please note that some Nominated Payment Authorities may require us to debit your Payment Authority before the Products are ordered. This will be explicitly drawn to your attention before you place your order.

5. Price

(a) The price for any Product shall be the price quoted on the Supplement Shop at the time of making your order, and the costs associated with additional services and, where relevant, for delivering the Products to you.

(b) Except where specifically stated otherwise, our prices include export fees, duties, tariffs and/or other charges associated with exporting the Products.

(c) We have the absolute right to withhold delivery or cancel an order where we have any doubts whatsoever about your credit worthiness.

6. The Products

We may add new Products, cease to supply Products and change Products at any time without notice.

7. Title and Risk

(a) Orders are not binding on us until accepted by us. Should we not accept your order then all monies that you have paid will be refunded to you.

(b) We remain the owners of the Products we supply to you including any proceeds from the sale of the Products until you have paid in full all amounts that you owe to us.

(c) Products are at your risk as soon as they have been delivered to you even though ownership or title to the Products may not have passed to you by the time of delivery.

8. Freight & Delivery

(a) We will at our own cost, freight the Products to you by whatever method and route we consider to be the most expedient. Please note however there will be a fee of $9.00 to cover the cost of shipping relating to any order requiring delivery within Australia. For orders to customers outside of Australia and New Zealand "Overseas Customers" a shipping fee will apply. We will endeavour to obtain the best possible shipping rate and will notify Overseas Customers in advance of the associated fee. Overseas Customers will be responsible for all taxes, duties, tariffs and customs laws in their country.

(b) If we have specified a delivery date, we will try and deliver the Products to you by that date. However:

(i) We will be entitled to deliver the Products to you after the stated delivery date or cancel the contract without being liable to you in any way if the delay in delivery is in respect of causes outside our control or we are for any reason unable to deliver the Products to you;
(ii) We may deliver the Products to you by instalments in any quantities and each delivery will be a separate contract independent from the other deliveries.

(c) Where you fail or refuse to take delivery of the Products, the Products will be left at the delivery address and be deemed to be delivered at that point in time.

9. Return of Products

You may return Products to us in one of the following situations:

(a) Where nothing is wrong with the Products and you have simply chosen to return the products because, for example, you have changed your mind. In this situation you have 30 days from the date of the products dispatch to return the Products back to us. We may at our option, credit your Nominated Payment Authority with an amount equal to the cost of the Products (excluding handling and freight).

(b) Where the Products are faulty or damaged. In this situation we will at your option either:

(i) replace the Products; or
(ii) give you a full refund on your Nominated Payment Authority;

(c) All Products returned in accordance with clause 10 a) must be returned in their original condition and packaging, together with the invoice and packing slip which accompanied the Products. All Products to which this clause relates must be returned unopened.

(d) All Products returned in accordance with clause 10 b) must be returned in their original condition and packaging, together with the invoice and packing slip which accompanied the Products.

(e) If you wish to return a Product to us, please follow the following procedure:

(i) Wrap the Product securely and send it to us in a parcel post pack or, if the Product is too large, then a sturdy carton, together with the invoice which accompanied the Product and the return slip to:
Pro-Soma Enterprises
260C Port Hills Road
PO Box 18-674

(ii) You must also provide us with the following information:

(A) The reason for the return of the Product which must be one of the following:

(I) your choice;
(II) the Product received is not that which you ordered;
(III) the Product(s) are faulty or damaged.

(B) In the case of faulty or damaged Products only, the method of type of refund you require, which must be either one of the following:

(i) Full refund, in which case you must provide us with your credit card details;
(ii) Replacement Products;

(f) If you have any problems regarding your order - you may contact us at info @ pro-soma.com (citing an order number) or call us on (NZ) 0800 777 877 (AUS) 1800 122 827.

10. Warranty & Guarantees

(a) Subject to the specific terms of these Terms and Conditions we guarantee:

(i) That every transaction involving your credit card will be encrypted using appropriate encryption software including not less than 128 bit SLL encryption;
(ii) Your privacy in respect of any transactions that you enter into with the Supplement Shop.

(b) This clause 8 shall apply where you are not a "consumer" (as defined in the Consumer Guarantees Act 1993).

(i) All representations or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly included in these terms and conditions are hereby expressly excluded.
(ii) Our liability arising from any of these terms and conditions or a breach of them or for any misrepresentation shall be limited to the price of the Products or the actual loss or damage suffered whichever shall be the lesser.
(iii) Under no circumstances will we be liable for indirect or consequential loss of any kind whatsoever.

11. Guarantees and Conditions

(a) This clause shall apply where the Buyer is a consumer under the Consumer Guarantees Act 1993.

(b) Nothing in these Terms and Conditions is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.

(c) We shall not be liable to you for any damage to the Products due to external causes, including accident, abuse, misuse, usage not in accordance with Product instructions and/or directions.

(d) The material and information provided in the Supplement Shop is supplied upon the condition that you will make your own determination as to its fitness or suitability for your purposes prior to use. We will not be liable for any damages, losses or liabilities, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the materials in this Site.

12. Restrictions on Use

(a) Material from the Supplement Shop and other sites owned, operated, licensed or controlled by us or any of our related, affiliated, or subsidiary companies may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent.

(b) Modification, distribution, or use of the material contained in our Site for any purposes other than for your personal use directly violates our intellectual property rights. The material contained within this site is copyrighted and protected by world-wide copyright laws and treaty provisions, even if it is not stated to be so protected and is provided for lawful purposes only.

13. Copyright

(a) Unless otherwise specified, we are the owner of the copyright in all property rights in the content and materials appearing on the Supplement Shop, including the text, site design, logos, graphics, icons, button icons, audio clips, software and images, as well as the collection, assembly and arrangement. You are granted permission to electronically copy and to print hard copy portions of the Supplement Shop for the sole purpose of placing an order with the Supplement Shop or using the Supplement Shop as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without our prior written permission is strictly prohibited.

(b) You may use the content of the Supplement Shop only for the purposes of reading and shopping at the Supplement Shop, or placing an order and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on the Supplement Shop may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

14. Disclaimer

(a) The information and services on the Supplement Shop are provided for guidance only and are presented in good faith and believed to be correct as at the date on which they are prepared. We make no warranties or representations about the accuracy or completeness of this Site, its content or the content of any Web Site "hypertext linked" to or from this Site. To the extent permitted by law, Pro-Soma reserves the right, but makes no binding commitment, to update or correct the terms and conditions and information contained in the Supplement Shop at any time, without notice.

(b) We are not in the business of offering our customers professional medical or health care advice and as such any information obtained from the Supplement Shop and Pro-Soma's web site must not be used for diagnostic or treatment purposes. We recommend you seek professional dietetic, medical and health care advice before using the Products and or prior to embarking on any fitness or exercise program.

(c) The Customer shall also ensure that the Products are not used for any purpose for which they are not suitable and shall solely be responsible for using all necessary skill and care in handling and using the Products.

(d) Please note that as with other dietary supplements on the market there exists a small percentage of the population who may have an allergenic or some other type of reaction to use of the Products. If you are unsure as to whether you might have a reaction from using the Products you should first seek professional dietetic, medical and health care advice. If you have any reaction to use of the Products you should discontinue use immediately.

(e) Products must be used strictly in accordance with the instructions and directions provided. You must read the packaging carefully. It has important information and instructions relating to the use of the Products. Please note that in order to obtain the benefits described from the use of the Products they must be used strictly in accordance with the instructions and directions provided and also in conjunction with an appropriate diet and exercise regime. Due to the different physiological and metabolic make-up of individuals results may vary.

15. Applicable Laws

(a) This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand Courts.

(b) Except as otherwise described, all materials on the Supplement Shop are made available only to provide information about the Supplement Shop, and the Products and services to be supplied on the Supplement Shop. The Supplement Shop is controlled and operated by us, from our offices within New Zealand. We make no representation that the materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.

(c) If you choose to access the Supplement Shop from outside of New Zealand, you are responsible for compliance with applicable local laws.

(d) You may not use or export the materials in the Supplement Shop in violation of New Zealand laws and regulations.

(e) You acknowledge that Products licensed or sold hereunder are subject to the export control laws and regulations of New Zealand.

16. Trademarks

In connection with the supply of Products and services pursuant to the Supplement Shop, we use a substantial number of trademarks and service marks on the Supplement Shop. These trademarks and service marks may not be used or reproduced without our prior written permission.

17. General

(a) If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in party, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

(b) The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.

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