Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which Healthspan Limited and Healthspan UK Ltd supply to you any of the products listed on our Website, ordered via our call centre or by mail.
Please read these Terms and conditions carefully before ordering any products from us. You should understand that by ordering any of our products, you agree to be bound by these terms and Conditions.
You should print a copy of these terms and conditions for future reference.
If you have any questions on this, please contact us via email: email@example.com
We have the right to revise and amend these terms and conditions from time to time without notice.
“Retail” and “Corporate” buyers should refer to their individual contracts, where these terms may have been varied. To the extent their individual contract terms conflict with the terms specified here, the contract terms will take precedence.
All Website content is protected by copyright. You may not otherwise reproduce, modify, copy, or distribute or use for commercial purposes any of the materials or content on www.healthspanelite.nz without written permission from us.
This document contains the following definitions used throughout:
|"Healthspan", "We", "us" or "our"||Healthspan Limited and/or Healthspan UK Ltd (as applicable).|
|This Document||Our Website Terms & Conditions.|
|Personal Data||Personal data are any information which are related to an identified or identifiable natural person.|
|Site/Website||Healthspan Elite New Zealand: www.healthspanelite.nz|
|Contract||Contract for the sale and purchase of the goods which is binding on both parties.|
|Content||Content owned by us.|
|Terms and Conditions||The standard terms and conditions of sale set out in This Document.|
|Working Days||The hours between 09:00am and 18:00pm (local time) Monday to Friday, excluding Saturdays, Sundays, and bank holidays.|
|Ratings and Reviews||Ratings and Reviews on the Site.|
4. About us
Healthspan Ltd is the main trading company and is a company registered in Guernsey (No 19775) at Healthspan House St Peter Port Guernsey GY1 2QH. The UK VAT number for sales to UK addresses by Healthspan Ltd is GB 233818604. Healthspan Limited is registered to carry on business in New Zealand (NZBN: 9429048611046) GST Number 132-786-909.
Healthspan UK Ltd is the company that distributes our equine & pet products and is registered in England (No 7485064) at Witan Gate, 500-600 Witan Gate west, Milton Keynes, Buckinghamshire, UK, MK9 1SH. The UK VAT number for sales to UK addresses by Healthspan UK Ltd is GB 108880305.
Both Healthspan Ltd and Healthspan UK Ltd trade from Healthspan House, The Grange, St Peter Port, Guernsey GY1 3BT. Healthspan Ltd advertises the products of Healthspan UK Ltd on its Website in addition to its own products. Customers can order and pay for both Healthspan Ltd and Healthspan UK Ltd products at the same time as Healthspan Ltd takes collection of receipts from customers for Healthspan UK Ltd sales in addition to its own customer receipts.
Our Customer Care Team can be contacted via email: firstname.lastname@example.org.
5. Elite Informed Sport Accreditation
For our Healthspan Elite range of products, we have chosen to have the products tested by LGC Sport, a trading division of LGC Limited (“LGC”). LGC is an internationally recognised and ISO17025 accredited laboratory that, through its “Informed-Sport” programme, reviews the quality systems in place at supplement manufacturing facilities and provides high-quality analytical testing for supplement products/ingredients. The Informed-Sport programme provides assurances for athletes that registered products have been tested for a broad range of substances that are banned in sport and that within the limitations of analysis, none of the tested substances were found. For further details of LGC’s program please see https://www.lgcgroup.com/what-we-do/quality-assurance-solutions/sports-and-specialised-analytical-services/supplement-testing/.
6. How a contract is formed between you and us
By placing an order with us, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old.
Please note that this does not mean that your order has been accepted and does not form a binding contract. Your order constitutes an offer to us to buy products from us. All orders are subject to acceptance by us. We will notify you where products may not be available. Your order is accepted, and a contract is formed between Healthspan and you when the products are made available to you.
Your contract with us will relate only to those products not notified as out of stock. We will not be obliged to supply any other products which may have been part of your order until the products are available. We reserve the right, at our discretion, not to accept any offer at any time before it has been accepted. Should we refuse your order we will notify you as soon as reasonably possible.
7. Law and Jurisdiction
Contracts for the purchase of products through our Site will be governed by New Zealand law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.
You agree to indemnify and hold us, our subsidiaries, and affiliates, and our respective officers, agents, partners, and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Site in violation of these terms and conditions and/or arising from your use of or conduct on the Site and/or a breach of these Terms and conditions. The indemnity in this clause 8 survives termination or expiration of the Contract.
All notices given by you to us must be given to Healthspan Limited at Level 26, 188 Quay Street, Auckland, 1010, New Zealand, or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed to have been received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three Working Days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10. Contractual service communications
Applicable laws require that we may need to contact you with service communications. There will be occasions when we need to contact you in writing, by phone or via email, even if you have opted out of being contacted by us. If you have opted out of our mailings or emails, we will only contact you if the matter concerns our service, not for marketing purposes. We will never contact you by phone for marketing purposes, but we may contact you by phone if the matter concerns our service. This remains the case if you are registered with the Telephone Preference Service (TPS). For contractual purposes, you agree to this communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Where appropriate, Healthspan reserves the right to send you electronic service communications related to your purchase where you have opted out of marketing communications.
11. Transfer of rights and obligations
The Contract is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 (under heading: Waiver) above.
13. Healthspan supply of products
An order placed by a customer constitutes an offer to buy a product and, where the customer does not wish to pick up the goods in New Zealand, to purchase delivery services, subject to acceptance by Healthspan. This contract only relates to products in stock.
14. Risk and title
Our terms and conditions cover and can be invoked by anyone we use or sub-contract to collect, transport, or deliver your Shipment as well as our employees, directors, and agents. Only our authorised officers may agree to a variation of these Terms and conditions in writing.
14.1 For New Zealand deliveries
Products will be at your risk from the time they are delivered to you for New Zealand deliveries.
Title to the products will pass to you when the goods are delivered to you (or when you collect them), provided we have received full payment of all sums due in respect of the products by that time (if such payment has not been received at that time, title to the products will only pass when we receive such payment).
15. Local laws applicable to the products
For products delivered outside New Zealand, please also note that you must comply with all applicable laws and regulations of the country into which you import the products. We will not be liable for any breach by you of any such laws. This relates to import duties and taxes applicable outside New Zealand and the legality of the product to be imported, sold, or consumed in another country.
16. Import duties and taxes
If you contract with us for purchase and delivery of products and those products are delivered to a final destination outside New Zealand, the products may be subject to import duties and taxes which will be levied when the products reach the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
17. Price and payment
The price of any products will be as quoted on our Website, in our catalogue and in promotional material, except in cases of obvious error. All VAT and GST(as appliable) will be included in the final price where applicable, but delivery costs will be excluded (see paragraph 19 under Delivery times, costs, and exceptions for New Zealand).
Prices of products are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
18. Our refunds and no quibble guarantee for New Zealand deliveries
We guarantee that if you are not 100% satisfied with a product, for any reason, at any time, you can return it to us for free (within New Zealand) for an immediate exchange or refund of the cost of the product.
You may cancel your order at any time. In this case, you will receive a refund of the price paid for the product(s) in accordance with our refunds policy. This provision does not affect your statutory rights. We provide refunds, provided that the product has not exceeded its expiry date.
You can also cancel your order by emailing us at firstname.lastname@example.org. Products returned by you for any reason will be refunded in full as part of our no-quibble guarantee.
When you return products to us for a refund, we will process the refund due to you as soon as possible and, in any event, within 10 Working Days after the day on which we receive the returned product.
19. Delivery times, costs, and exceptions for New Zealand
The route and the method by which we transport your Shipment shall be at our sole discretion. We will use third party carriers to fulfil our delivery obligations to you. Target Delivery times and costs are outlined below:
|Post Zone for delivery||Cost||Target delivery times|
|Auckland (local)||$5||1-2 working days|
|North Island||$10||1-2 working days|
|South Island||$10||2-3 working days|
|Rural||$16||2-6 working days|
If we are unable to make a delivery of products because of an incorrect address, we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address, although additional charges may apply.
Where our carrier is unable to complete the delivery of products for whatever reason, they will try to leave a notice at the receiver's address stating that delivery of products has been attempted and the whereabouts of the shipment.
20. Our quality promise and liability
We warrant to you that any product purchased from us is of satisfactory quality. We are under a legal duty to supply products to consumers that are in conformity with the contract and will be liable for any defective goods as required by law. We do not warrant that any product purchased from us is fit for your intended purpose. To the fullest extent permissible at law, and unless otherwise stated in these Terms and Conditions, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, are excluded. For the avoidance of doubt, the parties agree to contract out of the Consumer Guarantees Act 1993 (the “CGA”) and the Fair Trading Act 1986 (the “FTA”) to the extent permitted by the CGA and the FTA (including the statutory guarantees and implied terms, covenants and conditions contained in the CGA and sections 9, 12A and 13 of the FTA) and acknowledge that (if applicable):
- they are “in trade”;
- and you acquire any products from us for business purposes, and all provisions of these Terms and Conditions will be read as modified to the extent necessary to give effect to that intention.
Our liability to you under the Contract and in connection with any product purchased through our Site is strictly limited to the purchase price of that product and the refund of any additional delivery charges paid to Healthspan.
This does not include or limit in any way our liability for death or personal injury caused by our negligence, or for fraud, or your statutory rights as a consumer.
We accept no liability for any loss or damage caused by us or our employees or agents:
- where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
- where such loss or damage is not a reasonably foreseeable result of any such breach;
- for any delays in delivery;
- for any increase in loss or damage resulting from breach by you of any terms of this Contract.
For deliveries outside New Zealand we assume no liability to you or to any other person for your acts of non-compliance with export control laws, sanctions, restrictive measures, and embargoes.
21. Events outside of our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control.
- Impossibility of the use of public or private telecommunications networks.
- Pandemic or epidemic.
- The acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
22. Medical notice
Our products are not intended to treat, cure, or prevent any disease, nor is the information supplied in our Websites/magazine/catalogue or other promotional material intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking a prescription medicine, please consult your doctor or pharmacist before taking our products. If you experience an adverse reaction, stop taking our products and seek medical advice.
23. Website – Terms of usage
These Terms and conditions also set forth the legally binding terms for your use of our Website. Only private individuals aged 18 years or over are permitted to register for use of the Site. By using the Site, you agree to be bound by these terms and conditions of use. If you do not agree with these terms and conditions of use, you should leave the Site immediately.
Healthspan aims to provide up to date and accurate information on our Website. However, there can be no guarantee as to the accuracy of the information on the Site.
24. Privacy Notice
Our Privacy Notice sets out how we intend to collect and use any personal information on this Site. You can view our full Privacy Notice here.
By becoming a registered user or using this Site, you are agreeing to the terms and conditions of our Privacy Notice regarding the processing of personal information, where the legal basis for processing conditions (as outlined in the notice) are met.
If you do not agree with any of these terms, you should not become a registered user and should cease using the Site immediately. We will assume that you accept our Privacy Notice if you use this Site.
Your data or information generated from the usage of our Site may be transferred, sold or assigned to another third party as the result of a sale, transfer of business, merger, reorganisation, liquidation or change in control of the Healthspan Group of companies.
25. Your account and password
When you set up an account with us, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, screen name, or password of another registered user at any time or to disclose your password to any third party. You agree to notify us immediately by emailing email@example.com if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
26. Propriety rights in content on the Website
The Site contains content owned by us. The content is protected by copyright, trademark, patent, trade secret and other laws and we retain all rights in the content and the Site.
The Site also contains content owned by other licensors to us ("Third Party Content"). You may not unless and to the extent otherwise specifically authorised by us copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display or sell any content appearing on or through the Site. You may retrieve and display content from the Site on a computer screen, print a single copy of individual pages on paper, and store such pages in electronic form for your personal non-commercial use to the extent necessary to view the Site and make reasonable use of the Site.
The Site may contain links to other Websites, but we are not responsible for the content, accuracy or opinions expressed on such Websites, and such Websites are in no way investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Website on the Site does not imply approval or endorsement of the linked Website by us.
When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements which are posted on the Site, nor do we take any responsibility for the goods or services provided by its advertisers.
We accept no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any content provided through the Site.
We are not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site or combination thereof, including any injury or damage to users or to any person's computer related to, or resulting from, participation or downloading materials in connection with the Site.
Under no circumstances shall we be responsible for any loss or damage resulting from use of the Site, from any content posted on or through the Site, or from the conduct of any users of the Site, whether online or offline. The Site is provided "AS-IS" and as available and we make no representations or warranties of any kind as to the Site or the content thereof, including without limitation, as to availability of the Site for access and use. Also, your access to the Site may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities. We will attempt to limit the frequency and duration of any such suspension or restriction. In particular, we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness, or non-infringement.
We cannot guarantee and do not promise any specific results from use of the Site. Nothing in these terms and conditions shall be construed as limiting or excluding our liability for death or personal injury caused by negligence.
29. Ratings and Reviews
Ratings and Reviews on www.healthspanelite.nz are intended to allow customers who have purchased and received a product from us to give public feedback about that product and their experience with it.
30. Policy for acceptable use of the Ratings and Reviews
These terms and conditions include Healthspan’s policy for acceptable use of Ratings and Reviews content posted on the Website via our Ratings and Reviews and your rights, obligations, and restrictions regarding your use of the Ratings and Reviews service.
30.1 Acceptance of user-generated content access
The Terms and conditions set forth the legally binding terms for your use of Ratings and Reviews via Healthspan's Ratings and Reviews.
By using the Ratings and Reviews service you agree to be bound by these Terms and conditions, whether you are a visitor or a Website member. If you do not agree with these terms, you should leave the Website and discontinue use of the Ratings and Reviews service immediately.
30.2 Unacceptable content
Please carefully choose the information you post on the Website via the Ratings and Reviews service and that you therefore provide to other users of the Website. Content submitted by you may not include personally identifiable or objectionable subject matter. If you become aware of misuse of the Website or the Ratings and Reviews service by any person, please contact firstname.lastname@example.org.
Healthspan reserves the right, in its sole discretion, to moderate, reject or refuse to publish on the Website, whether or not the content is expressly prohibited by these terms and conditions, or to restrict, suspend, or terminate your access to all or any part of the Ratings and Reviews service at any time, for any or no reason, with or without prior notice, and without liability.
31. Your and our agreement
These terms and conditions and any document expressly referred to therein represent the entire agreement between you and us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
You and we each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
The headings in these terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions operate to the fullest extent permissible by law.
If any provision of these terms and conditions is found to be unlawful, void, or unenforceable, that provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
32. Our right to vary these terms and condition
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we sell you the products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
Last amendment date: December 2020