This Website (‘Website”) is operated by Epoch Nutrition ™ Limited (“We”, “Us”, or Our”).
Through the Website, We provide food products, dietary supplements including fruit and vegetable powders (“Products”) to Our customers.
By using the Website You (“You” or “Your”) agree to be bound by these Terms and Conditions.
If You are using the Website in Your capacity as an employee, agent, or officer of any other person or a company or other organisation, then You are entering into a contract on behalf of that person, company, or organisation, who will be deemed to be the contracting party (i.e. “You” or “Your”) for the purpose of the remainder of these Terms and Conditions. You must cease using this Website if You are not authorised to enter into contracts of this nature on behalf of your company or organisation.
If you are using the Website to purchase a Product for another person, their use of that Product will be deemed to be Your use for the purpose of these Terms and Conditions, whether or not their use is contemplated by You. Likewise, you will be deemed to be their agent and will legally bind them to these Terms and Conditions.
These Terms and Conditions represent the entire agreement between You and Us regarding Your use of the Website and the Products.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
We may change these Terms and Conditions and give notice to You by posting amended Terms and Conditions on the Website at any time.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this 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 more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Our Products contain the ingredients listed on their packaging as required by law. We make no medical or therapeutic claims in relation to our Products, unless these are explicitly included on the Product’s packaging. Where we state on Our packaging that Products are free of meat, dairy, gluten, added salt or alcohol, then they will comply with this description.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
DELIVERY AND FREIGHT
We ship only to countries or regions listed on Our website from time to time. We reserve the right to alter permitted shipping addresses at any time without notice.
Shipping and freight charges are listed in Our website. We reserve the right to alter permitted shipping and freight charges at any time, and any new charges will apply to all orders placed after the altered charges are listed on Our website.
IMPORTANT NOTE: Some countries have strict requirements in terms of importation of food products, and/or may require the payment of import duties, customs duties or other taxes before permitting the entry of goods. It is Your responsibility to check and comply with any such restrictions or requirements in place in Your country (and/or the country specified in your delivery address). We do not accept responsibility for any goods that are detained by customs or other border services.
We will dispatch Products as soon as possible after your order is completed. Allow 1 – 3 business days for local (New Zealand) delivery.
The name that will appear on your statement will be Epoch Nutrition Ltd.
You agree to pay for all Products that You order from the Website upon completing your order for that Product, at the rates specified on the Website at that time, and on the terms contained in these Terms and Conditions.
Your payment will be processed before the Product will be dispatched for delivery.
Prices are displayed in New Zealand Dollars (NZD) and include Goods and Services Tax (GST) of 15%. GST will be removed from orders where the delivery address is outside New Zealand.
SITE SECURITY / PAYMENT SECURITY:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
We don't store your credit card details on our website.
RETURNS AND REPLACEMENTS
Our products are dispatched in the best possible condition. However, if a Product reaches you in an unsatisfactory state we may at our election refund or replace the Product. To be eligible for a refund or replacement:
Items must be returned in original condition to the place of purchase; and
Items must be returned within a 14 day period from your receipt of the item; and
Proof of purchase must be provided.
We reserve the right to accept or decline a request for an exchange or refund, subject to the provisions of the Consumer Guarantees Act 1993.
All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Products and the Website are and will remain Our sole property.
You may not create any hyper-links to the Website unless you have our permission in writing.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this 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.
PRIVACY AND USE OF DATA
Use of your information. We do not sell or rent your personal information to third parties. We will only release account and other personal information if we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Epoch Nutrition ™ Limited, our users, or others. We will use any data You give to Us and which identifies You only for the purpose for which it is supplied to Us and will not use it for any other purpose or supply it to any third party except as required by law or authorised by You.
We may use aggregate data (in a non-identifiable form) supplied to Us by You for Our own business purposes including the improvement of the Website, Our Products, and Our related services. Aggregate data is information we collect about a group or category of services or users from which individual user identities have been removed, so that no personal information is included. We may share aggregate data about our users with third parties for various purposes, including to help us better understand our customer needs and improve our services and for advertising and marketing purposes.
Delivery Addresses. We enable you to save one delivery address which we will store against your profile. When you buy an item you have the option of entering a new delivery address which may be a third party recipient- i.e, A gift.
Communications. We may send You electronic messages which facilitate, complete, or confirm any transaction You enter into with Us in relation to the Products or the Website. We may send You commercial electronic marketing messages relating to Our other goods and services and other information of related interest, if You elect to receive our Newsletter. We will stop sending You such messages if We receive a request to stop from You. We use email as a means of receiving feedback from our customers, and we encourage you to email us with your questions or comments.
To the maximum extent permitted by law, the Website is provided on an “as is” basis, without any warranty of any kind either express or implied including but not limited as to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website is error free or that any services provided through the Website will be uninterrupted.
You accept all risk and any liability arising from Your use of the Products. In no event will We be liable to You or any other person for any lost profits, lost savings, or damages (including special, direct, indirect, punitive, consequential, or incidental damages) or any claims, proceedings, costs, demands, liabilities and expenses incurred by You arising out of or relating to Your use of the Website or the Products, whether in contract, tort (including negligence) or equity even if We have been advised of the possibility of such loss or damage.
If We are prohibited by law from excluding all liability, Our aggregate liability in relation to any claims arising out of or relating to the Website or any Products or services supplied to You by Us under these terms and conditions will in any event be absolutely limited to, at Our option:
A refund of the amount paid by You to Us for the applicable Product; or
Replacement of the applicable Product; or Supply of an equivalent Product.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Epoch Nutrition , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Epoch Nutrition 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, 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 of Service, 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 Services (or any part thereof).
You may not assign this Agreement without Our express written consent.
These Terms and Conditions will be construed in accordance with the laws of New Zealand, and in terms of the enforceability of these Terms and Conditions shall be deemed “in writing” and “accepted” by both parties. And disputes arising out of this these Terms and Conditions or their subject matter shall be referred to and finally resolved by New Zealand courts, in accordance with New Zealand law.
INVALID TERMS SEVERABLE
In the event that any of the terms, conditions or provisions in these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid to the fullest extent permitted by law.
Questions about the Terms of Service should be sent to us via info (at) Epochnutrition.co.nz