Terms of service
1. 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:
(a) our Privacy Policy (clause 13);
(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.
2. 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.
3. Privacy
3.1 Personal information that you provide to us via our Site will be handled in accordance with Privacy Policy (clause 13).
4. 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.
5. 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.
6. 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.
7. 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.
8. 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”).
9. Prices, payment and credit checks
Prices
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.
Payment methods
9.4 We accept payment by:
(a) credit card (Visa or MasterCard only); and
(b) Afterpay.
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.
Credit checks
9.7 You expressly authorise us to perform credit checks and, where we consider necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual orders. Please refer to our Privacy Policy for further information about how we use your personal information.
10. Cancellation by us
10.1 We reserve the right to cancel orders for any reason, including (without limitation) where we believe the order to be fraudulent or to constitute a mis-use of a promotion or other marketing activity or where an error has occurred, including but not limited to errors relating to pricing. If we do cancel your order, then we will, as soon as is reasonably practicable afterwards:
(a) email you; and
(b) refund to you in full any payment taken from you, and this will be the extent of our liability to you in respect of that order.
11. 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) and NZ Post (rural NZ).
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 OVER $100;
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.
11.6 At this time, we do not ship outside of New Zealand, but we are working towards this in the near future.
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) or NZ Post (rural NZ) and have your tracking number ready.
11.9 Please refer to our Refunds and Returns Policy if your products are damaged during delivery.
12. 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
12.3 Please:
(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+
5 Farnham Street, Parnell,
Auckland 1052
(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
(d) include:
(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.
Refund
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
(b) if:
(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.
13. Privacy Policy
13.1 What this Privacy Policy covers
This Policy explains:
(a) what personal information we will collect, store, use, disclose and otherwise process (“process”) when you access our Site;
(b) how we will process your personal information;
(c) when and with whom we may share your personal information; and
(d) your choices about how we process your personal information.
13.2 Important warnings:
(a) Use of children’s personal information
We don't knowingly collect or store any personal information about children under the age of 18. If you are under 18, please get your parent or guardian's permission before you provide any personal information to us.
(b) Get permission before providing another person’s personal information
If you're considering providing us with another person's personal information, before you do so, ask them to read and agree to this Privacy Policy and our Ts&Cs.
By giving us personal information about another person you are confirming that:
(i) they have given you permission to provide their personal information to us; and
(ii) they understand how their personal information will be used.
(c) External Links – please read their Ts&Cs
Our Site may contain external links to other websites that aren't subject to this Privacy Policy. If you choose to follow those links, please read the terms and conditions and privacy policy of any website you give your personal information to, as you'll be bound by them. We're not liable for anything that happens if you use those other websites.
13.3 How and when we collect your personal information
When you sign up to receive offers or information, or make an order, you may give us your personal information, including potentially your name, telephone number, postal and email addresses. We may receive your personal information from business partners and other 3rd parties.
We may also collect personal information about your computer and your online activity when you visit our Site, including via the use of cookies. For example, we may collect your IP address and information about what web browser software you use to access the Site and/or which website referred you to our Site. For more information, see the Cookies section, below.
13.4 Why we collect your personal information
We do all of this for the following lawful purposes:
(a) to enable you to buy products from us and for us to deliver them to you;
(b) to communicate with you;
(c) to customise and improve your experience on the Site (we may do this by generating aggregated, anonymised data for the purposes of internal reporting, insight and analysis. As part of this we may also use Google Analytics or another 3rd party);
(d) to keep our records of your personal information up to date;
(e) to measure interest in and improve our products, services and the Site;
(f) to request information from you, including through surveys;
(g) to resolve disputes, or troubleshoot problems;
(h) to prevent, investigate or take action on potentially prohibited or illegal activities, including fraud;
(i) to enforce our Ts&Cs;
(j) for other activities related to our business; and
(k) as otherwise described to you at the point the information is collected.
13.5 With whom we share your personal information
(a) We do not use, share or disclose personal information collected or received through this Site except:
(i) as set out below in (b) immediately below; or
(ii) if we notify you that we are doing so in a different way. In this case, you will have an opportunity to choose not to have us share such information.
(b) We may share your personal information with 3rd parties as follows:
(i) with third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstake programs, and fraud prevention.
(ii) in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us;
(iii) when we believe it is appropriate to investigate, prevent or take action regarding illegal or suspected illegal activities; or to protect and defend the rights, property or safety of our company, the Site, our customers or others;
(iv) in connection with a corporate transaction, such as a divestiture, merger, consolidation or asset sale;
(v) in line with the other parts of our Ts&Cs; or
(vi) With your consent.
(c) We also may share aggregate or anonymous information with 3rd parties, including advertisers and investors. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
13.6 Where we store your personal information
(a) Keeping information about you secure is very important to us, so we store and process your personal information in accordance with the high standards required under privacy laws.
(b) From time to time and for operational reasons, we may transfer your personal information to, and store it in, a country outside of New Zealand. Your information may also be processed by some of our service providers which operate outside New Zealand. However, when we appoint our service providers, we take care to ensure that we've put in place contractual protections, and that our service providers have appropriate security measures in place to enable them to comply with New Zealand’s privacy laws.
13.7 How long we keep your personal information
We keep personal information on our systems for the period necessary to fulfil the purposes outlined in this Privacy Policy or until you request it is deleted. If, having registered for any of our services, you don't use them for a reasonable time, we may contact you to ensure you're still happy to receive communications from us. Even if you delete, or ask us to delete, your personal information it may persist on back-up or archival media for legal, tax or regulatory purposes.
13.8 Unsubscribing
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 Your information rights and responsibilities
You have certain rights in relation to the personal information we hold on you:
(a) The right to a copy of the personal information we hold about you.
(i) We'll ask you to describe the information you require, as well as letting us know about any other email addresses you have used on our Site, to enable us to trace your personal information.
(ii) Depending on the nature of your request, we may also ask you for your full name, your date of birth and your full address and documents to allow us to verify your identity.
(iii) Requests for copies of your personal information will be dealt with within one month, unless your request is complicated or if you have made a large number of requests.
(iv) In these circumstances it may take us longer to deal with your request, in which case we'll let you know.
(b) The right to have your personal information corrected if it is inaccurate or incomplete.
(i) Requests for us to correct your personal information will be dealt with within one month, unless your request is complicated or if you have made a large number of requests. In those circumstances it may take us longer to deal with your request, in which case we'll let you know.
(ii) If we believe that your personal information is accurate, we'll let you know that we won't be amending your personal information and why.
(c) If you make a request by email, you can:
(i) withdraw your consent to our use of your personal information at any time. We'll use reasonable efforts consistent with our legal duty to provide you with your rights in accordance with privacy laws;
(ii) object to our use of your personal information including where we use it for our legitimate interests, or where we use your personal information to carry out profiling to inform our market research and user demographics. If you raise an objection, we'll stop processing your personal information unless very exceptional circumstances apply, in which case we'll let you know why we're continuing to process your personal information. You have the right to object to our processing of your personal information in this way; and
(iii) ask us to delete or remove your personal information from our system. We will do so and will then provide you with confirmation when this has been done. However, it may persist on back-up or archival media for legal, tax or regulatory purposes.
(d) To make enquiries, exercise any of your rights set out in this Privacy Policy and/or make a complaint please contact info@viktual.co.nz. If you're not satisfied with the way any complaint you make in relation to your personal information is handled by us then you may be able to refer your complaint to the privacy regulator, the Privacy Commissioner.
13.10 Cookies
Cookies are small data text files and can be stored on your computer’s hard drive (if your web browser permits). We may use cookies to help improve your experience when using our Site because, among other things, they help us to improve our Site and our service offering by:
(a) understanding your browsing habits;
(b) responding to you as an individual by tailoring our operations to your needs, likes and dislikes by gathering and remembering information about your preferences;
(c) monitoring which pages you find useful and which you do not; and
(d) understanding the number of visitors so that we can analyse data about web traffic which helps us improve our Site. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
13.11 How to contact us
If you have any queries relating to our use of your personal, please contact us at info@viktual.co.nz.
13.12 Change to this Privacy Policy
We may, from time to time, make changes to this Privacy Policy to reflect any changes to our privacy practices in accordance with changes to laws, best practice or Site enhancements. We'll let you know what these changes are by posting them to our Ts&Cs. Where the changes are significant, we may also choose to email you with the new details and get your permission to make these changes where required by law. It's your responsibility as a user to make sure that you are aware of these changes, by checking for any changes on a regular basis. Changes will apply as soon as they are made.
14. 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.
15. 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.
16. 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 To the fullest extent permitted by law, our liability to you (whether in contract, tort, or otherwise) for any Losses you suffer in relation to, or connected in any way with, our Site or products, will be limited as follows:
(a) where a product has failed to comply with any guarantee that we have provided under the CGA (as defined in clause 16.1), we will, following your request, either:
(i) replace the product and deliver the replacement to you at our cost; or
(ii) provide you with a full refund;
(b) otherwise, we have no liability to you or any other person.
17. Indemnity
17.1 You agree to indemnify us against any Losses we suffer (whether in contract, tort, or otherwise), in relation to, or connected in any way with, your breach or non-observance of any part of these Ts&Cs or your any actions you take that disrupt access to and/or the functioning of our site.
18. 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.
19. Force Majeure
19.1 We shall not be liable for delay or failure to perform any of our obligations under these Ts&Cs if the cause of such delay or failure is beyond our reasonable control.
20. 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 New Zealand in respect of any dispute or proceeding arising out of or in relation to these Ts&Cs.
21. General
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.
22. 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.