Terms & Conditions

Acceptance of terms
These terms and conditions govern all supply of goods and services ("products") by {VITA LUMINO LIMITED} ("{HEART AND HANDS}", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at WWW.HEART-AND-HANDS.CO.NZ ("the website"). They are effective from 17 JUNE 2023 and will replace all earlier VITA LUMINO LIMITED terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

INFORMATION ABOUT US
The website www.heart-and-hands.co.nz is operated by LUMINO VITAE ("We" or "Us"). We are a limited liability company registered in New Zealand under company number 9429051409487. We are located in Auckland, New Zealand.

TERMS OF SUPPLY OF GOODS
By ordering any Products from us, you agree to be bound by our Terms and Conditions including these Terms of Supply) as amended from time to time.
Please read these our Terms and Conditions carefully and make sure that you understand them before you order any Products, as they will apply to your order. If you refuse to accept our terms, you will not be able to order any Products from us.

Availability and supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Pricing
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options
We accept the following credit cards:
Visa, MasterCard.

PRICE OF PRODUCTS AND DELIVERY CHARGES
Prices for our Products may change from time to time at our sole discretion.
The prices of the Products you order will be as quoted on Our Website at the time you submit your order, unless we discover that despite our reasonable efforts, some of the Products on Our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If you have already made a payment to us for Products, and the relevant order is cancelled, we will refund the amounts already paid by you.

For New Zealand addresses, all prices are GST inclusive unless otherwise stated. The price of a Product includes GST (where applicable) at the applicable current rate chargeable in New Zealand (depending on the shipment delivery address) for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.

The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the checkout process, before you confirm your order.

WARRANTIES AND RETURN OF GOODS
Goods supplied in accordance with your order can only be returned with our express approval.

To the maximum extent permitted by law however, and subject to the express contents of our Product Warranties and Returns Policy and our obligations under the Consumer Guarantees Act 1993 (which are not affected by anything in our Terms and Conditions):
- we disclaim all other warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied by us including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose; our maximum liability (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to you will be limited to the price paid by you for that product or service; we will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with your access to, use of, or reliance upon, any product or any information supplied to you by us; Our potential liability is confined to the original purchaser of any Products from us, it being agreed that we have no liability to any purchaser of the goods from us in that our rights under the contract are not assignable without our prior written consent; and The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.

DESCRIPTION OF PRODUCTS
Modifications and improvements are constantly being made to our Products, prices and data.

Although we have endeavoured to ensure that the product and pricing information provided on Our Website is accurate, complete, and current, we do not provide any representations or warranties as to its accuracy, completeness or currency of information, and we shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on Our Website.

We also rely on information from our suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on us.

If the goods do not match the description on Our Website, you should inform us immediately so that we may take the appropriate action.

Returns/Refunds
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy. No refunds will be given for any bookings cancelled less than 48 hours before the scheduled appointment time. If bookings are cancelled with more than 48 hours' notice the appointment will be rescheduled or a full refund will be provided.

Shipping and delivery
Shipping costs are clearly stated and based on your location within New Zealand. We do not currently shop to other countries, but please email us at orders@heart-and-hands.co.nz for more details and to express your interest in our products or services.

Goods will be dispatched as soon as possible, via NZ Post couriers, but please allow up to 10 working days for delivery. We will send you a tracking number once the product(s) have been shipped. Because we use a courier service, unfortunately we are unable to ship to PO Boxes.

Standard delivery fees are $12 for addresses in the North Island and $25 for addresses in the South Island. We hope to reduce these rates soon.

To cancel please contact us. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges. You must advise of your request to cancel your order within 24 hours of placing the order.

Delivery of an Order will be deemed to be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time. You may specify delivery instructions for an order (for example, you may authorise the delivery agent to leave the products in a specified location if you will not be at the delivery address). We will not be responsible for any order that is delivered, or attempted to be delivered, in accordance with your delivery instructions.

You are solely responsible for ensuring that your order complies with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
Except for New Zealand and Australian Goods and Services Tax (as applicable depending on the shipment delivery address and unless otherwise stated), prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order. You are solely responsible to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to your order.

We will endeavour to dispatch your order within the time frame specified in relation to a particular product. If we are unable to dispatch your order within the time frame specified we will endeavour to contact you and advise you of the expected dispatch date. Any quotations of delivery times by us are made in good faith but are estimates and we shall not be bound by such quotation and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.

We reserve the right to dispatch your order in one delivery or by instalments. Failure to deliver any instalment shall not entitle you to repudiate the contract as to any instalments already delivered. You may cancel any undelivered instalments up until the instalment is confirmed.

You own the Products only once we have received payment in full, including all applicable delivery charges.

Our liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where you believe that there is a shortage in the quantity of products delivered, you must notify us of any such claim within 7 days of delivery and must provide us with a reasonable opportunity to investigate that claim.

All orders delivered within New Zealand are insured against damage or loss during transit up to the value of NZ$1,500. We will not accept any liability for loss or damage in transit that exceeds the value of the loss or damage insurance applying to that delivery.

We will ensure that Products leaving our premises are adequately packed. Claims for damage or loss in transit will be made against the carrier on your behalf in the prescribed manner.

Prior to acknowledging delivery to the carrier you must ensure that the complete consignment as per the carrier's note has been received. If there is a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.

Within 7 days of receipt of consignment you must ensure that all goods received are in good order and condition. No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by us details of any claim should be advised to us to allow us to claim against the carrier on your behalf.

Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality
Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

Data privacy policy
Transactions will be securely processed by Windcave gateway. Windcave will, we will not share consumer data with any third party. Windcave uses PCI DSS, a comprehensive set of requirements created by the Payment Card Industry Security Standards Council for enhancing cardholder data security and to ensure the safe handling and storage of sensitive customer credit card information or data. Windcave Limited is a Level 1 Service Provider and is compliant to PCI DSS Version 3.2 standard. For more information about certifications and compliance go to https://www.windcave.com/certifications-and-compli....

General Conditions
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.heart-and-hands.co.nz.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.