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