Hello and introduction
1.1 Welcome to Viktual+ Limited’s (our) terms and conditions (“Ts&Cs”) for our website, https://Viktual+.co.nz (“Site”). Our Ts&Cs include our Policies, including:
(b) our Shipping Policy (clause 11); and
(c) our Refunds and returns policy (clause 12).
1.2 This Site is provided solely to assist customers of our products.
1.3 In these Ts&Cs we have used “we”, “us”, “our” " and "Viktual+" and "VIKTUAL+ " to refer to Viktual+ Limited. The term “you” and “your” refers to any person visiting the Site. More definitions are set out in Clause 23.
- Why do these Ts&Cs matter?
If you access our Site, then you are bound by these Ts&Cs
2.1 By accessing or using our Site including to purchase our products through our Site, regardless of how you are doing it, you agree that:
(a) you have read and understand these Ts&Cs;
(b) by continuing to use our Site, you accept them and agree to be bound by them;
(c) they will govern your use of, and access to, our Site; and
(d) if you don't follow these Ts&Cs, we may stop you using the Site.
If we change our Ts&Cs and you continue to use our Site, then you are bound by that change
2.2 We may from time to time change these Ts&Cs, our policies, or the Content of our Site, without notice. Such a change is effective immediately upon posting to our Site. If you use of our Site after we make such a change, then you are agreeing to such change. If you do not agree to such a change, then you must immediately stop using our Site.
2.3 You must:
(a) read the Ts&Cs before placing an order on, or through, our Site; and
(b) check back often.
- Authorised and unauthorised uses for our products
4.1 All of our products are for personal use and gifting only. Without limiting that requirement, our products must not be:
(a) bought to be used for a commercial purpose; nor
(b) resold in any way.
4.2 If you use the products for an unauthorised use, you will assume full responsibility for any resulting Losses.
- Important warnings and disclaimers
5.1 Our products are not medicinal and we are not making any claims as to their medical effectiveness. The information contained on our Site is for the purpose of providing information, including about our products, and is not intended to provide medical advice or designed to rectify, treat or cure any specific medical conditions or diseases. Nothing stated or posted on our Site is intended to be and must not be taken to be, medical advice. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or content contained on our website.
5.2 Subject to clause 16.2, to the fullest extent permitted by law, other than as set out in these Ts&Cs:
(a) we make no representation or warranty (express or implied) in respect of the condition, quality or fitness for any purpose of:
(i) any product; or
(ii) our Site or any of its Content. It is your responsibility to satisfy yourself as to the condition, quality and fitness for purpose of our products and this Site;
(b) we make no other representation or warranty in relation to our Site or our products; and
(c) we exclude all representations, warranties, conditions or obligations which might be imposed or implied, whether by statute, common law, equity or otherwise.
5.3 Without limiting the generality of clause 5.2 in any way, we do not represent or warrant that our Site is free from any computer viruses or other defects, or that your access to our Site will be continuous or uninterrupted.
- Your promises to us
6.1 You promise us that
(a) you are at least 18 years old;
(b) you are legally capable of entering into binding contracts;
(c) you won’t use this Site for a purpose that is unlawful or prohibited by these Ts&Cs;
(d) all details you provide to us are true, accurate, current and complete;
(e) you are the person referred to in the information provided; and
(f) you are an authorised user of the credit or debit card used to make your order;
(g) there are sufficient funds to cover the cost of the Products you have ordered.
- Ordering process
7.1 This clause 7 is subject to our right of cancellation in clause 10.
7.2 To submit an order, you must:
(a) create an account on our Site by:
(i) registering your personal details (including your name, phone number, email address and other requested information as indicated); and
(ii) creating a username and password; then
(b) log in to your account;
(c) select the product(s) you wish to purchase and go to the checkout;
(d) enter your payment details and delivery address at the checkout; and
(e) submit the order.
7.3 Placing a product in your shopping cart does not reserve that product for you. If available, it will be reserved for you when you submit an order.
7.4 If we ‘Accept’ (as defined in clause 8) your order, we are authorised to take payment via the payment details you have provided.
7.5 When you submit an order, we may email you to acknowledge receipt of your order, but that email does not constitute:
(a) our Acceptance of your order; and/or
(b) the formation of a contract between you and us in relation to your order. Cancellation or amendment by you
7.6 At any time prior to our Acceptance, you may cancel or amend your order by emailing us at orders@Viktual+.co.nz. We may decline your order in certain circumstances
7.7 We may decline your order where:
(a) the relevant product is:
(i) out of stock; or
(ii) otherwise cannot be shipped to you;
(b) we are unable to obtain authorisation for your chosen payment method;
(c) it is for multiple quantities of a product being shipped to any one customer or postal address; or
(d) we have any other reasonable justification for doing so.
7.8 If we decline your order, then, as soon as is reasonably practicable, we will:
(a) Let you know by email; and
(b) refund to you in full any payment taken from you.
- Acceptance of order/formation of contract
8.1 Subject to our continuing right of cancellation in clause 10 , a contract between us and you for the sale and purchase of the product you have ordered will only be formed (i.e., your order will only have been accepted by us) when we email you to confirm that:
(a) Your order has been accepted; or
(b) the product has been dispatched, (“Acceptance”).
- Prices, payment and credit checks
9.1 All prices on our Site are in New Zealand Dollars (NZD) and are exclusive of taxes and duties, including GST, which shall be paid by you.
9.2 Prices are subject to change without notice, but changes will not affect orders which we have already processed
9.3 The amount you will be charged for an order will be the total of the following amounts (“Total Charged”) as indicated at the checkout at the time of submitting the order:
(a) the price of each product ordered;
(b) the cost of delivery; and
(c) any taxes, duties and other relevant charges.
9.4 We accept payment by:
(a) credit card (Visa or MasterCard only); and
(b) Afterpay; and
Your payment information
9.5 Subject to the remaining subclauses of this clause 9, in respect of the payment information you provide to us for your orders (including credit card details):
(a) we will retain those details only until we accept or decline your order;
(b) we will conduct transactions through servers using advanced security including the encryption of your information;
(c) Your credit card details will be promptly deleted from our Site as soon as we have either accepted or declined your order. Outside our control - Please be vigilant
9.6 Although we take the efforts listed above to safeguard your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure and we do not promise that we can keep it safe. Please contact your financial institution immediately if you become aware of unauthorised use of your payment method, including your credit card.
Cancellation by us
- Without prejudice to any other remedies Viktual+ may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Viktual+ may suspend or terminate the supply of Products to the Customer. Viktual+ will not be liable to the Customer for any loss or damage the Customer suffers because Viktual+ has exercised its rights under this clause.
- Viktual+ may cancel any contract to which these terms and conditions apply or cancel Delivery of Products at any time before the Products are delivered by giving written notice to the Customer. On giving such notice Viktual+ shall repay to the Customer any money paid by the Customer for the Products. Viktual+ shall not be liable for any loss or damage whatsoever arising from such cancellation.
- In the event that the Customer cancels Delivery of Products the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Viktual+ as a direct result of the cancellation (including, but not limited to, any loss of profits).
- Shipping Policy
11.1 Notwithstanding anything else in these Ts&Cs:
(a) whilst we aim to meet or better the shipping timeframes set out in this clause, they are only approximate and the actual delivery times may vary, including because of a variety of factors outside of our reasonable control, including factors related to the Covid-19 pandemic;
(b) we will be using 3rd party providers to deliver your orders to you; and
(c) you accept that we will not be liable to you for a delayed delivery.
11.2 Our current 3rd party couriers are CourierPost (NZ), NZ Post (rural NZ) and DHL Express (Australia).
11.3 All orders will be sent via their tracked services which require a signature from you as the recipient to enable delivery.
11.4 The shipping charge (inclusive of GST) will be:
(a) orders within New Zealand, free of charge;
(b) orders within Australia, a flat rate of $15.
11.5 After your order is Accepted by us, it will be shipped as follows:
(a) if your order is Accepted before 2pm and you are based in an urban part of the North Island, within 1-2 workings days;
(b) Our South Island and rural deliveries may take an extra day.
(c) Our Australia deliveries Orders take 24 hours to process (Monday – Friday), and between 1-3 working days to deliver. All orders will be sent via DHL Express tracked service.
11.7 After your order has been picked up by the courier, you will be sent a tracking number to the email address from which you placed your order.
Questions about your delivery
11.8 If you have any questions about your delivery, or want to make any changes, please first contact CourierPost (NZ), NZ Post (rural NZ) or DHL Express (Australia) and have your tracking number ready.
11.9 Please refer to our Refunds and Returns Policy if your products are damaged during delivery.
- Refunds and returns policy
Damaged, faulty or incorrect products
12.1 If you receive any damaged, faulty or incorrect products, then please:
(a) Step1: send a message to orders@Viktual+.co.nz and include a photo and description outlining the issue; and
(b) Step 2: hold onto the products until further notice as we will require the damaged or faulty goods to be collected by our courier.
12.2 Once we have received the returned item in our warehouse, we will, at no additional cost to you, dispatch a replacement within 4 business days.
WHENEVER you are returning a product to us
(a) email us at orders@Viktual+.co.nz to let us know they are on their way.
(b) ensure they are packed inside a Courier Track Pack or Carton and addressed to:
Returns c/- Viktual+
18 Lincoln St Frankton
(c) refrain from attaching anything to the original packaging. If there are any marks or the package is in an unsatisfactory condition, this will prevent an exchange or a refund; and
(i) proof of purchase; and
(ii) a detailed description of your reason for returning the product;
(e) use an insured and tracked courier service;
(f) keep a record of your shipment until an exchange or credit has been received and please. change of mind/exchange
12.4 Once you order has been Accepted, you cannot cancel/change that order. However, if you change your mind, then we will exchange it for a replacement of the same value if:
(a) You first email us at orders@Viktual+.co.nz asking for an exchange; and
(b) within 7 days of the original delivery to you and at your cost, you return the product to us as set out above; and
(c) you pay
(i) our admin fee of $10.00; plus,
(ii) where relevant, an additional shipping charge, to get the replacement product back to you.
12.5 Where none of the previous parts of this clause 12 apply, we will be happy to refund an item if the following conditions are met:
(a) You first email us at orders@Viktual+.co.nz that you would like to return the product and claim a refund; and
(i) within 7 days of its delivery and at your cost, you return the product to us as set out above; and
(ii) you pay our admin fee of $10.00; Please note, where you paid us a shipping charge on our original delivery to you, you will not receive a refund of that charge.
- All emails, documents, images or other recorded information held or used by Viktual+ is “Personal Information” as defined and referred to in clause 3 and therefore considered confidential. Viktual+ acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines as set out in the Act. Viktual+ acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by Viktual+ that may result in serious harm to the Customer, Viktual+ will notify the Customer in accordance with the Act. Any release of such Personal Information must be in accordance with the Act and must be approved by the Customer by written consent, unless subject to an operation of law.
Notwithstanding clause 1, privacy limitations will extend to Viktual+ in respect of Cookies where the Customer utilises Viktual+’s website to make enquiries. Viktual+ agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Customer’s:
- IP address, browser, email Customer type and other similar details;
- tracking website usage and traffic; and
- reports are available to Viktual+ when Viktual+ sends an email to the Customer, so Viktual+ may collect and review that information (“collectively Personal Information”)
The Customer authorises Viktual+ or Viktual+’s agent to:
access, collect, retain and use any information about the Customer;
- including, name, address, D.O.B, electronic contact (email, Facebook or Twitter details), and other contact information (where applicable), for the purpose of assessing the Customer’s creditworthiness; or
- for the purpose of marketing products and services to the Customer.
- disclose information about the Customer, whether collected by Viktual+ from the Customer directly or obtained by Viktual+ from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
- access, collect, retain and use any information about the Customer;
- Where the Customer is an individual the authorities under clause 3 are authorities or consents for the purposes of the Privacy Act 2020.
- The Customer shall have the right to request (by e-mail) from Viktual+, a copy of the Personal Information about the Customer retained by Viktual+ and the right to request that Viktual+ correct any incorrect Personal Information.
- Viktual+ will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
- The Customer can make a privacy complaint by contacting Viktual+ via e-mail. Viktual+ will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.
All emails or other forms of communication we send you will include clear instructions on how to unsubscribe. Plus, if you don't want to be contacted by us anymore, you can email info@Viktual+.co.nz.
13.9 How to contact us
If you have any queries relating to our use of your personal, please contact us at info@Viktual+.co.nz.
- IP and Site Access
14.1 We, or our licensors, own all Content on our Site. All rights are reserved.
14.2 Subject to the restrictions in clause 14.3, we grant you a limited licence to access and make personal use of our Site to purchase our products and communicate with us (“Licence”).
14.3 We do not grant you any right to:
(a) download or modify any portion of our Site or its Content;
(b) reproduce, duplicate, copy, sell, resell or use our Site or its Content in any other way, including for any commercial purpose;
(c) collect or use any product listings, descriptions or prices;
(d) any derivative use of our Site or its Content;
(e) download or copying account information for the benefit of another merchant;
(f) use data mining, robots, or similar data gathering and extraction tools; or
(g) use metatags or any other hidden text using Viktual+’s name or trademarks.
14.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to our Site so long as you do not portray us, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use our logo or other proprietary graphic or trade mark as part of the link without our express prior written consent. If we ask, you must remove any hyperlink to our Site contained on your website or any other digital content.
- Third party websites
15.1 We may include links on our Site to websites owned or operated by other parties. However:
(a) you are solely responsible for, and assume all risk associated with, your use of those websites; and
(b) we are not in any way responsible or liable for,
(i) the availability of those sites;
(ii) the accuracy or completeness of any content, including advertising or products offered on those sites; or
(iii) any Losses incurred as the result of visiting those websites.
15.2 We recommend that before you visit any website you check that your computer is running up-to-date virus checking software.
- Limitation of liability Consumer Guarantees Act 1993 (“CGA”)
16.1 Where, despite clause 4.11, you acquire (or hold yourself out to be acquiring) our products in trade you agree:
(a) to contract out of the Consumer Guarantees Act 1993 (“CGA”); and
(b) that we do not provide you with any “express guarantees” as defined in the CGA.
16.2 Notwithstanding anything else in these Ts&Cs, if you are a consumer, you will have rights under the CGA in relation to:
(a) your use of our Site; and
(b) any products that you may purchase from our Site, which, by law, either:
(c) cannot be excluded; or
(d) can only be excluded to a limited extent. Nothing in these Ts&Cs is intended to be inconsistent with those rights.
Limitation of Liability
16.3 Subject to the CGA, Viktual+ shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Viktual+ of these terms and conditions (alternatively Viktual+’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Products).
- If the Customer owes Viktual+ any money the Customer shall indemnify Viktual+ from and against all costs and disbursements incurred by Viktual+ in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Customer basis, Viktual+’s collection agency costs, and bank dishonour fees).
- Breach and Termination
18.1 If, in our reasonable opinion, you breach any provision of these Ts&Cs we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of our Site. In any event, we may terminate these Ts&Cs (and your right to use our Site) at any time and for any reason without prior notice to you.
- Force Majeure
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Customer to make a payment to Viktual+.
- Applicable law
20.1 These Ts&Cs are governed by and construed according to the laws of New Zealand and the parties submit to the jurisdiction of the courts of Auckland New Zealand in respect of any dispute or proceeding arising out of or in relation to these Ts&Cs.
21.1 These Ts& Cs are a contract between you and us about your use of our Site. No one can enforce any parts of these Ts& Cs for you.
21.2 To the fullest extent permitted by law, these Ts&Cs constitute the entire agreement between you and us and supersede any prior discussions, representations, warranties, understandings and agreements (whether oral or written) between us and you relating to their subject matter.
21.3 Each provision of these Ts&Cs shall be construed separately and independently of each other. If any provision shall be deemed to be invalid, void or otherwise unenforceable, that term shall be deemed severable from and not affect the enforceability of any other provision of these Ts&Cs.
21.4 You shall not transfer or assign your rights, powers or obligations under these Ts&Cs without our prior written consent.
21.5 No failure or delay by us in insisting upon the strict performance of these Ts&Cs or exercising any right under these Ts&Cs will operate as a waiver of those matters.
- Definitions and Interpretation
Definitions 22.1 In these Ts&Cs unless the context otherwise requires:
(a) “Acceptance” has the meaning set out in clause 8.
(b) “Content” means all content on our Site, including text, product names, graphics, logos, photographs, audio and video clips, data compilations and all IP contained in each of those;
(c) “IP” means all intangible property rights including, copyright, patents, patent applications, applications, models, inventions, innovations, designs, discoveries, drawings, documents, data, ideas, new or modified procedures, developments, calculations, know-how, trade secrets, trademarks, trade names, copyrights, confidential information and all other statutory and common law rights and interests;
(d) "Losses" means losses, damages, liabilities, deficiencies, judgments, interest, awards, penalties, fines and costs or expenses of whatever kind, including consequential losses, lost profit or business, solicitors’ fees and the cost of enforcing any right to indemnification.
(e) “order” means an order made by you, through our Site, for a product;
(f) "product" means a product which you can buy through our Site;
(g) “Ts&Cs” means these terms and conditions.
(h) “Viktual+” means Viktual+ Limited (company number: 7945838) trading as Viktual+.
(i) “we” and “us” means Viktual+ and “our” means Viktual+’s.
(j) “website” means our Site. (k) “you” means the user of our Site. Interpretation
22.2 The Background is part of these Ts&Cs.
22.3 The rule of construction known as the contra proferentem rule does not apply to these Ts&Cs.
22.4 In these Ts&Cs unless the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) expressions referring to “writing” will be construed as including references to words printed, typewritten or otherwise visibly represented, copied or reproduced (including by facsimile);
(c) “including” and similar words do not imply any limitation;
(d) headings are for convenience only and do not form part of, or affect the interpretation of, these Ts&Cs;
(e) references to a party include that party's successors, personal representatives, executors, administrators and permitted assigns;
(f) all periods of time or notice exclude the days on which they are given;
(g) references to “material breach” include any series of breaches of a similar or recurring nature which taken together are material;
(h) references to a statute include references to:
(i) regulations, orders, rules or notices made pursuant to that statute;
(ii) all amendments to that statute and those regulations, orders, rules or notices, whether by subsequent statute or otherwise;
(iii) any statute passed in substitution of that statute.