Please read these Terms and Conditions carefully before accessing or using our Site. 

TERMS AND CONDITIONS

This website nikis.co.nz (Site) is owned and operated by True Health NZ Ltd  NZBN 9429046631671 (Niki'sweus or our).

These terms and conditions including any other terms incorporated by reference (Terms) are a binding agreement between us and any person accessing information, tools and services available from the Site, including ordering products from the Site (Service) (referred to as personyou or your).

By visiting any part of our Site and/or purchasing our products through our online store, you engage in our Service and you agree to be bound by these Terms, including any additional terms and conditions incorporated by reference or made available by hyperlink.

You warrant that you are at least 18 years of age and you are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant that you have obtained consent from your parent or legal guardian and they agree to be bound by these Terms on your behalf.

If you do not agree to these Terms and to our Privacy Policy, do not access or otherwise use this Site or order any Products or any information or materials contained on the Site.

GENERAL

True Health NZ Ltd will use all reasonable efforts to ensure that our Site is available, temporary interruptions of our Site may occur. We will not be liable for any reason our Site is unavailable at any time or for any period. We may also restrict access to some parts of or the entire Site, from time to time.

All content and information provided on or through our Site are provided on an 'AS IS' and 'AS AVAILABLE' basis, without any warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. While we try to ensure that information on the Site is accurate at the time of inclusion, we are not responsible if content or information made available on our Site is not accurate, complete or current. The content or information on our Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the content or information on our Site is at your own risk.

We reserve the right to refuse to supply the Service to anyone, or to withdraw or amend the Service, for any reason at any time without notice, but we have no obligation to do so. You agree that it is your responsibility to monitor changes to our Site.

ACCOUNT REGISTRATION

You may order our products as a guest through our online store or you can create an account on our Site.

If you create an account, you will be asked to create a password. You are responsible for all activity on your account and you must keep your password confidential and secure from any unauthorised use.

You will immediately notify us of any unauthorised use on your account and you must take immediate steps to re-secure your account in the event of unauthorised use.

We may refer fraudulent, abusive, or illegal activity to the relevant authorities and/or suspend your account if we reasonably suspect that your use of our Site or access or use of our Site through your account is contrary to these Terms or law.

ONLINE STORE

Our online store is hosted on Shopify Inc., which provides us with an online e-commerce platform that allows us to sell our products to you. Your data is stored with Shopify Inc. on a secure server behind a firewall. For more insight, you may also want to read Shopify Inc.'s Terms of Service and Privacy Policy.

PRODUCTS AND PRICING

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

All prices on the Site are automatically shown in the local currency of the country or region's page that you access and are exclusive of any applicable taxes. You may also manually change the country or region applicable, through the country or region selection box on the home page of our Site. The final amount at checkout will be subject to the relevant exchange rate as applied by the payment processor.

Your financial services provider or the payment processor may charge administration fees, currency conversion fees, merchant fee or other fees on purchases of any products from the Site and on any refunds that we provide in accordance with these Terms. We are not responsible or liable for any such fees or charges.

Any offer for any product made on our Site is void where prohibited.

Certain products may be available exclusively online through our Site. These products may have limited quantities and are subject to return or exchange only according to clause 10 and clause 14.

Promotional offers and prices are as stated, with no further discounts available.

ORDERS, SUBSCRIPTIONS, AND BILLING

To place an order or a subscription request for products through the Site, you must be over 18 years of age, have an email account and a valid debit or credit card issued by a bank acceptable to us, or our payment processor.

By placing an order or a subscription request for any products through the Site, you are offering to purchase our products in accordance with our Terms. Any orders placed are subject to availability and confirmation of the price of the Products.

You must follow the instructions on our Site when placing an order or a subscription request. We will send you an email confirmation when we receive your order, usually within 30 minutes of your order or subscription request. This email only acknowledges your order or subscription request and does not constitute acceptance of your order or subscription request. If we make a change to or cancel an order or a subscription request, we may attempt to notify you using the contact information you provided at the time the order or subscription request was made.

By ordering or requesting a subscription for any products from the Site, you warrant that you are purchasing the products for personal use and are not purchasing any products for any trade purposes or for resale to any third parties.

You agree to provide current, complete and accurate purchase and/or account information for all purchases made at our online store. You agree to promptly update your information so that we can complete your orders or subscription requests, and contact you as needed.

We reserve the right, but are not obliged, to:

refuse any order or subscription request you place with us, including any order that (in our sole discretion) appear to be placed by dealers, resellers or distributors;

limit the sales of our products to any person, geographic region or jurisdiction;

limit the quantities of any products that we offer per person, per household or per order; or

discontinue any product at any time.

We may exercise these rights on a case-by-case basis. Any order or subscription restrictions may applied to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

Unless we have previously notified you that we do not accept your order or subscription request, for any reason, or if you have already cancelled your order or subscription request in accordance with these Terms, our acceptance of your offer to purchase our products and the formation of a contract between us occurs when:

we approve your payment or, in the case of subscriptions, your first payment; and

we, or our payment processor, debits your account and the funds have cleared.

In respect of orders:

The final amount payable for your order and delivery (including any applicable delivery and handling fees) is shown at the checkout and any fees displayed prior to checkout are estimates only. You agree to pay the final amount at the time of checkout using one (1) of the payment methods provided on the Site.

Your payment for the order must be cleared before we dispatch our products to you. If for any reason your card issuer declines your payment, we cannot hold your order and you must submit a new order.

If we offer free shipping, it only applies as set out in our Site or in accordance with any promotional offers from time to time. Free shipping, if offered, only applies to standard delivery in Australia, and not to express shipping.

If you place consecutive orders with us separately, we cannot consolidate the orders. Separate delivery charges will be applied to each order.

In respect of subscriptions:

We will send you our products automatically at the frequency and quantity that you have selected.

Your account will be charged with each recurring delivery in advance, in accordance with the frequency and quantity of products you have selected. Niki's usually processes subscriptions on the third week, for four week subscriptions and on the eleventh week for twelve week subscriptions.

Your payment for each recurring delivery must be cleared before we dispatch our products to you. If for any reason your card issuer declines your payment, we will suspend your subscription and you must update your selected payment method on your account.

You can cancel your subscription at any time by giving Niki's at least one weeks' prior written notice before the next billing period. If you cancel your subscription after the billing period has commenced, the cancellation will be effective at the end of that billing period.

If any product ordered by you is not in stock at the time of delivery, we will offer you the following options:

deliver the remaining products to you and deliver the unavailable product when it comes back into stock;

supply an agreed substitute product; or

refund you the cost of the unavailable product.

Payments on our Site are processed by the payment provider, Shopify Inc. The processing of transactions are carried out by Shopify Inc. in accordance with its terms and conditions. Please review Shopify Inc.'s terms and conditions prior to making any payments on our Site.

GST

Terms defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning when used in this clause unless expressly stated otherwise.

Except where these Terms specify otherwise, an amount payable by a party under these Terms in respect of a taxable supply by the other party represents the value of the supply (Supply Amount). The recipient of the supply must, in addition to the Supply Amount and at the same time, pay to the supplier the amount of GST imposed by the GST Act payable in respect of the supply. For the avoidance of doubt, the GST amount payable under this clause will be calculated by multiplying the Supply Amount by the prevailing GST rate.

If at any time an adjustment is made between the supplier or any other payer of GST and the relevant taxing authority on account of GST on any supply made or other matter or thing done under or in connection with these Terms by the supplier, a corresponding adjustment must be made as between the supplier and the recipient and any payment required to give effect to the adjustment must be made. The supplier must provide to the recipient an adjustment note relating to the adjustment within 7 days.

TAXES AND INTERNATIONAL ORDERS OR SUBSCRIPTIONS

We do not offer international shipping or subscriptions.

DELIVERY

You must nominate a delivery option from the options set out on the Site and location for delivery when placing an order or subscription request with us.

While we aim to deliver our products to you within the estimated delivery time set out on the Site, we cannot guarantee that our products will be delivered within this timeframe. We do not control deliveries or delivery times once our products have been dispatched from our warehouse.

We currently offer NZD$5.50 flat rate for standard delivery within NZ. If your delivery has not arrived by the estimated delivery time, please contact us to discuss the next steps.

To the extent permitted by law, we will not be liable to you for any delay in delivering our products. Processing may take longer during certain times of year. We do not process any orders for our products until our payment processor confirms that it has received payment for our products.

We are not responsible or liable for any delay or failure to deliver any products ordered from us as a result of any legal, customs or regulatory restrictions imposed by any countries.

You must arrange for our products to be accepted on delivery by a person 18 years or older. If delivery is delayed due to your unavailability or refusal to accept our products (or if you do not accept delivery of our products within two (2) weeks of our first delivery attempt), we may:

charge you for storage fees up until the date of successful delivery; or

cancel your order (in which case we will refund you the fees paid for our products, excluding delivery and handling fees which are non-refundable).

Title to our products passes to you once the cleared payment of the final amount has been received by us. Risk to our products passes to you once they have left our premises.

PRIVACY

You understand that your personal information will be dealt with in accordance with our Privacy Policy.

REFUNDS

If for any reason you are not satisfied with our products, we will gladly offer you a refund provided that you notify us within 30 days from the date of purchase. We would love to hear your feedback so that we can continue to serve you better.

We do not refund delivery and handling fees, except where we deliver the wrong products to you.

RECALLS

In the unlikely event that any of our products are subject to a product recall, we will post a notice on our Site and will contact you (or the recipient of the product) by the most appropriate means, including by email, SMS, telephone, instant messaging or post.

We will provide you with instructions regarding next steps with respect to returning the products, in accordance with our recall notice.

REVIEWS, COMMENTS AND FEEDBACK

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation to:

maintain any comments in confidence;

pay compensation for any comments; or

respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PROHIBITED USE

In using the Service, you will not, will not attempt to, or permit any person to:

use the Service for any unlawful purpose;

violate any local,international, federal, provincial or state regulations, rules, laws, or local ordinances;

harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

submit false or misleading information;

derive or attempt to derive the source code or structure of all or any portion of the Site by reverse engineering, disassembly, de-compilation, or any other means;

interfere or tamper with any security-related or other features on the Site;

reproduce, republish, adapt, alter, transmit, translate, distribute, "frame", "mirror" or otherwise incorporate any part of the Site and any content on the Site, into any other website without our prior written consent;

remove, tamper with any of the intellectual property rights or any copyright, trade mark or other proprietary notice of ours or any other entity on the Site;

do anything that imposes an unreasonable or disproportionately large load on the Site or any network or website connected to the Site;

post to the Site or transmit or distribute any code, files or programs designed to interrupt limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb;

send any unsolicited advertising or promotional material through the Site;

collect or track the personal information of others;

spam, phish, pharm, pretext, spider, crawl, or scrape;

interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or

commit or encourage a criminal offence.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

CONSUMER LAW

The Consumer Guarantees Act 1993 and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties and remedies relating to our products and the Service which cannot be excluded, restricted, qualified or modified by us (Non-Excludable Rights). Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the CGA.

To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the CGA will be limited to:

offering you a refund for a major failure of our product; or

replacing the product where it fails to be of an acceptable quality but the failure does not amount to a major failure.

Replacement products will be shipped once we receive the faulty product or satisfactory evidence of the faulty product.

If you are not satisfied with the quality of our products on delivery, please contact us to discuss your options. Where applicable, we will comply with our obligations under the CGA.

LIABILITY

To the maximum extent permitted by law, or any statutory consumer guarantee contained in, any applicable law, we exclude liability arising from or in connection with:

any adverse effect caused by the use of our products due to an allergic reaction. You are responsible for reviewing the product label for allergen information and determining if the product is suitable for your use;

direct or indirect damages and consequential losses, whether based in contract, tort (including negligence), strict liability or otherwise, suffered as a result of fraudulent credit card use; or

direct or indirect damages and consequential losses, whether based in contract, tort (including negligence), strict liability or otherwise, suffered as a result of your use of the Service or any of our products, or any content or information made available through the Service.

You agree to indemnify, defend and hold harmless True Health NZ Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

INTELLECTUAL PROPERTY

We own or are licensed all right, title to and interest in the Service including all content, text, images, trade marks and logos displayed on the Service (Niki's IP).

We grant you a limited, personal, revocable, non-exclusive, non-transferrable and non-sublicensable licence to use the Niki's IP for the sole purpose of accessing the Service in accordance with these Terms.

You acknowledge that other than the express licence granted to you in this clause, you obtain no other rights, implied or otherwise, in respect of the Niki's IP.

THIRD PARTY WEBSITES

Certain content, products and services available via our Service may include materials from third parties.

Third party links on our Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Service (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any documents incorporated by reference or made available via hyperlink constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

GOVERNING LAW

These Terms and any separate agreements whereby we provide you a Service shall be governed by and construed in accordance with the laws of New Zealand.

CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site.

It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about these Terms should be sent to us at hello@nikis.co.nz

These Terms were last updated on 16 July 2020.