1. Terms of Purchase:
These Terms of Purchase will govern the purchase of any goods (“Goods”) you make from Comvita Limited (“Comvita”, “us”, “we”) through the Comvita website at www.comvita.com (“Website”). You should read and ensure you understand these Terms of Purchase before ordering (“Order”) any Goods through this Website. If you do not agree with any of these Terms of Purchase you must not Order Goods through the Website.
Comvita reserves the right to amend these Terms of Purchase from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms of Purchase as amended. Such amendments may include replacing these Terms of Purchase with entirely new Terms of Purchase.
You may Order Goods described on the Website for the price specified on the Website. All prices are expressed in US dollars and are exclusive of any sales tax, customs duty or other taxes or charges imposed or levied in New Zealand or any overseas jurisdiction in connection with the supply of Goods to you (“Sales Tax”). You are responsible for payment of any Sales Tax. Comvita reserves the right to amend the prices of Goods from time to time without prior notice.
Your Order must contain your name, email address, credit card details, billing address, delivery address, delivery phone number and any other ordering information specified on the Website.
You may not cancel an Order once it has been submitted provided that Comvita may reject your Order at any time and is not required to give reasons for rejecting your Order.
If we reject your Order for any reason, neither you or us will be under any further obligation to the other arising out of your Order or our rejection of that Order.
If we reject your Order we undertake to reimburse you for any payments already received by us.
Delivery of the Goods to you will take place in the manner chosen by Comvita unless agreed otherwise with you. Comvita will not be liable for any delay in delivery of Goods ordered.
Title in the Goods does not pass to you until payment has been received in full by Comvita or its agent. You acknowledge that these Terms of Purchase create a security interest as defined in the Personal Property Securities Act 1999 (NZ) in favour of Comvita in any Goods purchased from this Website, and that Comvita may at any time register a financing statement on the Personal Property Securities Register to protect its security interest in the Goods. While Comvita retains title to the Goods you must properly store the Goods and ensure the Goods are identifiable as Comvita product.
Payment must be effected in the manner described on the Website. Prices are exclusive of Sales Tax. Where payment is by credit card, you will be liable for all Orders placed using your credit card.
12. Loyalty Bonus Plan OR Loyalty Bonus Scheme:
Comvita operates a Loyalty Bonus Plan which applies as follows:
a. The purchaser must be a Registered User prior to purchase. Trade customers are not eligible to become Registered Users. Click here to complete details necessary to become a Registered User.
b. For each US$250 spent purchasing Comvita Goods in a 12 month period (including freight and gift wrapping), excluding tax, a Registered User will earn a credit of US$25 which must be applied to and will be extinguished by the next purchase regardless of amount. For example, if you spend US$500 and earn a US$50 credit, the full US$50 must be applied to, and will be extinguished on, your next purchase, regardless of whether the amount of your purchase is less than US$50. The Loyalty Bonus Credits have no currency value and can only be redeemed against a product purchase excluding tax.
c. A total of each Registered User’s accumulated spend after the loyalty limit is used, pursuant to the Loyalty Bonus Plan and the credit amount (if any) available to each Registered User will be kept under the profile for that Register User.
d. Comvita may suspend, discontinue or reinstate its Loyalty Bonus Plan at any time. Upon the scheme being discontinued, all accrued benefits will automatically terminate.
e. Each US$25 credit will remain valid for one year from the date it is earned.
f. Comvita may, in its absolute discretion, and whether generally, or on a case by case basis, extend the purchase period at clause 12b, or the period for which a US$25 credit will remain valid under clause 12e. Any such extension shall not amount to a permanent variation of the provisions of this clause 12, nor shall it amount to any representation by Comvita that an extension will be offered in respect of any future purchases.
Comvita may from time to time donate a percentage of the sale price of any Goods to any charity of its choosing. The Goods to which this applies and the charity or charities chosen by Comvita are shown on the Website. Nothing in these Terms of Purchase comprises an endorsement of Comvita products by any recipient of a donation.
The Goods are offered for sale only to persons who can make legally binding contracts. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements for legally binding contracts) in relation to the use of the Website and the purchase of Goods from the Website. By placing an Order for Goods you represent that you are capable of making a legally binding contract and that the Goods purchased will be used in a lawful manner.
15. New Zealand Law:
Details contained on the Internet Sites relating to Goods, including any descriptions or claims made in relation to Goods, have been prepared in accordance with New Zealand law and may not satisfy the laws or regulations of any other jurisdiction. We do not warrant that the details, descriptions or claims on the Internet Sites concerning Goods will satisfy the laws of any other jurisdiction. It is your responsibility to determine whether these details, descriptions and claims satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details, descriptions or claims do not satisfy the laws of your jurisdiction, you may not Order any Goods from the Website.
16. Combined Terms:
These Terms of Purchase together with any additional terms and conditions contained in the invoice or any other similar document issued by Comvita shall be the terms which govern your purchase of the Goods.
17. Possession and Risk:
Possession and risk in the Goods shall pass to you upon delivery of the Goods to your agent or carrier or upon delivery of the Goods to the address supplied by you when placing an Order.
18. Incorrect Orders:
Short or incorrect Orders must be reported to Comvita within seven (7) working days of their order number and receipt together with the invoice number. Any Goods returned must be clean and free from price markings. Goods that have been damaged or are not resalable may not be credited in full.
19. Return of erroneous or excessive orders:
For Goods ordered in excess of your requirements or in error, Comvita reserves the right to charge a handling fee of up to 20% of the original invoice value where those Goods are returned. An authorisation is required by Comvita prior to the return of any Goods and Comvita is under no obligation to grant any such authorisation.
20. Defective Goods:
If Goods are purchased on the Website, and those Goods do not conform to specification or are defective, then provided such Goods are returned together with the relevant order number, invoice or shipping note to Comvita at:
1400 Glenn Curtiss Street
Phone 310 900 1974
Toll free 800-283-8888
Returns should be within seven (7) working days of the date of purchase, Comvita will at its option, replace such Goods or refund the purchase price.
21. Exclusion of Liability:
Under no circumstances will Comvita, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you, or by any other third party, whether direct or consequential (including, but without limitation, any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to Goods supplied pursuant to an Order placed on the Website or in respect of any failure or omission on the part of Comvita to comply with its obligations as set out in these Terms of Purchase in respect of the sale of Goods to you. If you are using the Website, or purchasing Goods for a business purpose, you agree that the New Zealand Consumer Guarantees Act 1993 does not apply.
22. Limitation of Liability:
In the event that any limitation or provision contained in these Terms of Purchase is held to be invalid or unenforceable for any reason and Comvita becomes liable for any loss or damage that would otherwise have been excluded, Comvita’s maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of the supply of the Goods pursuant to an Order is to be limited to the lesser of the value of Goods comprised in an Order to which a claim relates; the cost of repairing or replacing defective Goods; and the actual loss or damage suffered by you. All other warranties, descriptions, representations and conditions as to fitness, suitability for any purpose or specific conditions, even though such conditions may be known to Comvita, merchantable or otherwise, whether express or implied, and whether statutory or otherwise, are expressly excluded, except to the extent that such liability is required by law without right of exclusion.
23. Fitness for Purpose:
You acknowledge that you have made your own investigations as to the fitness of the Goods for your purpose.
24. Notification of Problem:
Comvita shall not be liable for any damage, discrepancy or shortage in the Goods unless you notify Comvita and the carrier within 48 hours of the time of delivery of the Goods. In the event of total failure of the Goods to reach their destination Comvita shall not be liable unless you notify Comvita within ten (10) days after the date of purchase.
If any provision of these Terms of Purchase is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Purchase and the remaining provisions shall continue in full force.
26. Goods Description and Availability:
All descriptions of Goods, specifications, quantities and prices of Goods depicted on the Internet Sites are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only. Comvita will make all reasonable efforts to accurately display the attributes of the Goods, including applicable colours, however, the actual colour you see will depend on your computer and we can not guarantee your computer will accurately display such colours. While Comvita will use its best endeavours to ensure your Order is met, Comvita provides no warranty as to the availability of Goods ordered on the Website.
If we delay or do not exercise any of our rights or remedies under these Terms of Purchase, that will not be a waiver of the right or remedy.
28. Retain a Copy:
You should print out and retain or otherwise store a copy of these Terms of Purchase for your future reference.
If you have any queries in regard to these Terms of Purchase please don’t hesitate to contact us.