BIOXYNE INTERNATIONAL WEBSITE & SUPPLY TERMS
PLEASE READ THESE TERMS CAREFULLY
These Terms are intended to be legally binding on you and Bioxyne International (NZ) Limited (“Bioxyne International”). Your use of this Website to browse or purchase Products will indicate your agreement to these Terms.
THESE TERMS MIGHT CHANGE
From time to time, Bioxyne International may change these Terms and Bioxyne International will notify you of any changes by posting the changed Terms on this Website. Bioxyne International may also change any features, content or functionality in relation to this Website without your consent.
IF YOU DON’T AGREE WITH THE CHANGES TO THESE TERMS THEN YOU MUST STOP USING THIS WEBSITE AND STOP PURCHASING BIOXYNE INTERNATIONAL PRODUCTS
In these Terms:
“Price” means the Price payable for the Products or Services available through this Website as stated on this Website or otherwise as expressly agreed to by Bioxyne International.
“Products” means all products and services supplied by Bioxyne International to you at your request from time to time.
“you” means you as an individual and the legal entity that you represent as an authorized employee or agent (if you are accessing this Website for any purpose in that capacity) and “your” has a corresponding meaning.
You confirm that Bioxyne International is entitled to assume that any person using this Website under your username and password (where relevant) is you or someone doing so with your permission. You are solely responsible for any use of this Website and for the purchase of any Products or services under your username and password (where relevant), including all financial charges.
Without limiting the above, if you believe someone has accessed this Website or purchased Products or services using your username and password without your authorisation, then you must immediately notify Bioxyne International of this or any other security breaches that you become aware of.
If you forget your password click on “forgotten password” and enter your email address and click “continue”. For security reasons, we will send you a new password. You may change this after you have logged in.
Bioxyne International Website Terms
The Website Terms and the General Terms set out below apply to anyone who visits the Bioxyne International Website.
Bioxyne International grants you rights to access this Website for free on these Terms
By accessing this Website you agree:
• that Bioxyne International can:
-add, change and remove any features or content on this Website at any time for any reason;
-monitor your use of the Bioxyne International Website;
-deny you access to the Bioxyne International Website for any reason or no reason.
• not to install (or enable the installation of) any viruses, worms, malware or other harmful or destructive software, feature or thing that may impair the functionality of this Website or any Product or service, or to overburden the network or application capacity so as to deny anyone of their ability to lawfully access and use this Website;
• not to do anything illegal on, or using, this Website;
• that Bioxyne International, and (where relevant) Bioxyne International’s licensors, retain all right, title and interest in and to the Bioxyne International IP (as defined below) and you agree to not attack, dispute or contest the validity, or the ownership, of the Bioxyne International IP;
• that no ownership rights in any of the Bioxyne International IP are vested or created by the limited rights of use granted to you under these Terms and that all use of the Bioxyne International IP pursuant to these Terms, including any goodwill generated in connection with your use of the Bioxyne International IP, enures to the benefit of Bioxyne International or (where relevant) Bioxyne International’s licensors.
“Bioxyne International’s IP” means all copyright, trade or service marks, trade or business names, logos and any other distinctive brand features, design, patent, computer code (including source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world owned or licensed by Bioxyne International relating to this Website and or any of the Products, or services including the text, graphics, logos, icons, the software and any other material underlying or forming part of this Website.
Communication with you
You agree that Bioxyne International can send you and your staff technical information, updates, marketing materials and any other information relating to any of the Bioxyne International Products and services from time to time by using electronic messages or other means. You may unsubscribe from the electronic messaging services at any time by emailing Bioxyne International at Bioxyne International’s “Contact Us” email address and clearly stating the email address that you want the electronic message services to be unsubscribed from. Your Address so specified will be removed within 7 days, but Bioxyne International always has the right to send contractual notices to you by sending them to your email address as you have notified to Bioxyne International.
The transmission of information via the internet is not secure and Bioxyne International cannot guarantee the security of your data in transmission to or from any of the Bioxyne International Products and services. As a result, the security of any information you transmit to Bioxyne International, or Bioxyne International transmits to you, is transmitted at your own risk. Once Bioxyne International has received your information, Bioxyne International will take reasonable steps to prevent unauthorised access to that information.
A cookie is a small file that is downloaded onto a device when the user of that device accesses a website. Cookies allow a website to recognise a user’s device. You will need to permit Bioxyne International to place data files on your computer to enable you to use some features of this Website. Where you choose not to enable cookies from this Website, some functionality of this Website may not be available to you.
Bioxyne International may use the following types of cookies: (a) Session cookies: these are used to store information about user activities so users can easily move from one webpage to another. These cookies act as a sort of “bookmark” in that they track your movement from page to page of the website so that you do not have to provide the same information you have previously given on other, earlier pages of the website. These are known as “session” cookies because they only remain in the cookie file of your browser until you close the browser. (b) Persistent cookies: these cookies are used to store user preferences in order to improve your experience of future visits to the website. For example, these cookies can remember log-in details or language preferences so that you do not have to continually re-enter these details on each visit to the website. These cookies will remain in the cookie file of your browser after you have closed your browser, and will be activated again when you next visit the website.
You can always remove or block cookies (such as by using the settings in your browser), but it may affect your ability to use this Website.
Bioxyne International Terms of Supply for Products and Services
The Terms of Supply for Products and Services and the General Terms set out below apply to anyone who purchases or is supplied Products or Services through this Website.
Shipping & Delivery
Bioxyne International will only sell to customers in New Zealand or Australia with a New Zealand or Australian delivery address.
Bioxyne International uses New Zealand Post (www.nzpost.co.nz). For our Australian delivery, Bioxyne International uses “International Air” provided by New Zealand Post.
According to the NZ Post website, the “International Air” service takes 3-10 working days. However, New Zealand Post has advised that these are target delivery dates.
Bioxyne International believes that it could from between 10-25 working days for the delivery of international parcels and 5-10 for domestic (New Zealand) deliveries.
Bioxyne International takes no responsibility for Products not reaching the destination identified by you. NO REFUNDs will be provided for Products that do not arrive at their destination.
“International Air” postal service DOES NOT HAVE TRACKING CAPABILITY.
Shipping rates: ($NZ)
For all orders Excluding Founders Packs
Within NZ up to 3kg (approximately 2-3 working days) NZ$ 9.00
To Australia via Standard International Air (approximately 3-10 working days)
Up to 0.5kg $11.00
Up to 1.0kgg $16.00
Up to 1.5kgg $21.00
Up to 2.0kgg $25.00
Up to 2.5kgg $29.00
Up to 3.0kgg $33.00
For Expedited delivery to Australia via International Courier (approximately 2-3 working days)
Up to 0.5kgg $27.58
Up to 1.0kgg $31.40
Up to 1.5kgg $35.22
Up to 2.0kgg $39.04
Up to 2.5kgg $42.86
Up to 3.0kgg $46.68
Shipping of Founders Packs
Within New Zealand
(approximately 2-3 working days)
To Australia via Standard International Air
(approximately 3-10 working days)
To Australia via Expedited International Courier
(approximately 2-3 working days)
Bioxyne International reserves the right to decline to supply Products and Services to any person at any time, without the need to provide any reason.
Payment and Pricing
Credit Cards – Bioxyne International accepts the following credit cards: Visa, MasterCard.
The pricing disclosed is in NZ dollars (NZD) for customers using a New Zealand or Australian credit card AND with a New Zealand or Australian delivery address.
All credit card transactions through this Website are processed through a major bank in New Zealand (Westpac Bank) by Payment Express (DPS) and PayPal.
All transaction details are encrypted for added security. Credit card orders are encrypted using Secure Socket Layer (SSL) protocol technology. Your confidential information is automatically encrypted in transit from your computer to Bioxyne International’s. When a browser connects to a secure site it retrieves the site’s SSL certificate and checks that it has not expired, that it has been issued by a Certificate Authority the browser trusts and that it is being used by the website for which it has been issued. If it fails on any one of these checks the browser will display a warning to the end user. If it succeeds, several security indicators are built into modern browsers to indicate that SSL is enabled.
GST, Levies and Taxes
Unless otherwise stated the Prices do not include New Zealand or Australian Goods and Services TAX (“GST”). In addition to the Price you must pay to Bioxyne International an amount equal to any GST Bioxyne International must pay in relation to any supply of goods or services to you. You must pay this GST to Bioxyne International, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the Price for the relevant Product or Service. In addition, you must pay any other taxes and duties that are applicable to the supply of the Products and Services to you including any levies and taxes charged by customs in the country where you receive the Products.
Payment in Full
You agree that Bioxyne International will not ship you the Products or provide you with any services until you have paid to Bioxyne International all amounts due for payment, as communicated and agreed between you and Bioxyne International as a result of these Terms. All amounts payable to Bioxyne International must be paid free and clear of all deductions, set-offs and withholdings of any kind, except only as may be required by law. If you are required by law to make a deduction or withholding from any amount payable to Bioxyne International, then you must provide Bioxyne International with evidence of the relevant deduction or withholding as Bioxyne International reasonably requires and must pay to Bioxyne International an additional amount that will, after the deduction or withholding has been made, leave Bioxyne International with the same amount as Bioxyne International would have received had no deduction or withholding been made.
Any attempt to make a fraudulent payment transaction will be reported to the local authorities where the transaction originates.
You are responsible for Importation
By ordering a Product or a service through this Website you acknowledge and confirm to Bioxyne International that you have reviewed the contents of your order and that those Products and services are acceptable and approved items for import into your nominated country for delivery. You have sole responsibility and accept the full risk of any Products being detained by customs for whatever reason, and acknowledge and agree that you will not hold Bioxyne International liable if those Products, for whatever reason, are unable to be delivered to your nominated destination. As such, Bioxyne International will not provide you will any refund if you fail to receive the Product in a timely manner, or at all, as a result of above. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including import of goods ordered, minimum age requirements) in regard to the possession, use and sale of any Product or Service supplied from this Website. By placing an order, you represent that you are over the age of 18 and that the Products and Services ordered will be used only in a lawful manner.
Delivery of the Products (“Delivery”) is agreed to occur at the time that Bioxyne International’s nominated carrier delivers the Products to your nominated address, even if you are not present at the address at that time.
Title and Risk
When the Product that you have ordered is delivered to your nominated address, you acquire ownership of that Product. Bioxyne International will not be responsible for any damage to, or loss of, the Product after its Delivery.
Returns & Replacements
Bioxyne International will meet its obligations under the New Zealand Consumer Guarantees Act (but only where this law applies) to provide a remedy, so long as: (a) the Product is returned at your cost to Bioxyne International within a reasonable time after you receive it; (b) the Product is received in the condition in which the Product was delivered to you and with all its packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances; and
(c) you have provided Bioxyne International with adequate proof of your purchase of that Product. Without limiting the above, but subject to the other provisions of these Terms, Bioxyne International gives you the following rights and remedies:
Your Cooling-off Period: You have the right to request a refund (for any reason or no reason) within ten (10) business days from the date the Products was delivered to you (“cooling off period”), provided that the Product is returned at your cost to Bioxyne International in its original packaging unused and unopened,.
Your right to exchange Products: Upon the expiry of the cooling off period, should you be unsatisfied with the Product supplied by Bioxyne International through this Website, you have the right to exchange the Product with a Product of similar value within thirty (30) days from the date of purchase so long as: (a) the Product is returned at your cost to Bioxyne International in good and resalable condition; (b) the Products still has less than half its shelf life unexpired as at the date of receipt by Bioxyne International; and (c) you have provided Bioxyne International with adequate proof of your purchase of that Product.
If the Product is Faulty: In addition, Bioxyne International will accept Product returns and provide you with a refund where: (a) the Product is faulty or is not of merchantable quality; (b) the Product is significantly different to the Product that you ordered; (c) the Product is not fit for its advertised purpose; or (d) the Product is unsafe, so long as:
(a) the Product is returned at your cost to Bioxyne International in the condition that it was delivered to you; and (b) you have provided Bioxyne International with adequate proof of your purchase of that Product.
Bioxyne International General Terms
Things may Change
All features, content, specifications, products and prices of Products and services described or depicted on this Website, are subject to change at any time without notice to you.
WARNINGS, EXCLUSIONS AND LIMITATIONS OF LIABILITY
WARNING: THE INFORMATION, PRODUCTS AND ANY SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE, INCLUDING ANY EMAIL OR HELP DESK COMMUNICATIONS AND REPLIES, MAY INCLUDE INACCURACIES AND ERRORS.
YOUR USE OF THIS WEBSITE AND ANY SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY NOT BE TIMELY, UNINTERRUPTED, ERROR-FREE OR OTHERWISE RELIABLE; THIS WEBSITE AND ANY SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY NOT BE ACCURATE, COMPLETE OR RELIABLE AND MAY CONTAIN VIRUSES AND OTHER HARMFUL COMPONENTS; DEFECTS IN THIS WEBSITE AND IN ANY PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY NOT BE CORRECTED, EITHER QUICKLY, OR AT ALL; BIOXYNE INTERNATIONAL (OR ANYONE ELSE) MIGHT NOT CONTINUE TO OFFER AND MAKE AVAILABLE ANY OF THIS WEBSITE OR ANY OF THE PRODUCTS & SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE.
THIS WEBSITE MIGHT NOT BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE OR MEET YOUR REQUIREMENTS OR ANYONE ELSE’S REQUIREMENTS.
EXCLUSIONS: TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) UNDER NO CIRCUMSTANCES WILL BIOXYNE INTERNATIONAL OR ANYONE IN THE BIOXYNE INTERNATIONAL GROUP (as defined below) BE LIABLE TO YOU (OR TO ANYONE ELSE) FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED FROM OR THROUGH THIS THIS WEBSITE OR ANY SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE;
(b) YOUR USE OF THIS WEBSITE AND ANY PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE IS AT YOUR SOLE RISK; (c) THIS WEBSITE AND ANY PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”; AND (d) EVERYONE IN THE BIOXYNE INTERNATIONAL GROUP EXPRESSLY DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, INCLUDING (WITHOUT LIMITATION) IN RESPECT OF QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONDITION, DESCRIPTION, MANUFACTURE, DESIGN OR PERFORMANCE WHETHER EXPRESS, IMPLIED BY COMMON LAW, LAW MERCHANT, TRADE USAGE, CUSTOM OR OTHERWISE OR STATUTORY IN RELATION TO THIS WEBSITE AND IN RELATION TO ANY PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE.
Possible exclusion of New Zealand Consumer Guarantees Act and Fair Trading Act and International conventions:
You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the supply of Products to you under these Terms. You confirm to Bioxyne International that if you are ‘in trade’ you agree with Bioxyne International that: (a) the goods and services supplied under these Terms are supplied and acquired in trade within the meaning of the Fair Trading Act 1986 (New Zealand) and the Consumer Guarantees Act 1993 (New Zealand); (b) everything supplied under these Terms (or under the agreement that they reflect between Bioxyne International and you) to you will be acquired by you solely for your business purposes; (c) the following statues and provisions will not apply to these Terms (or the agreement that they reflect between Bioxyne International and you) or to any Products and Services supplied under these Terms (or Bioxyne International’s agreement with you):
– The Consumer Guarantees Act 1993 (New Zealand); and
– Sections 9, 12A, and 13 of the Fair Trading Act 1986 (New Zealand); (d) it is fair and reasonable to exclude the application of those statutes and provisions.
You acknowledge that you have had a reasonable opportunity to review these Terms, discuss these Terms with Bioxyne International, and receive advice from your legal advisors, if you wished to do so.
MORE EXCLUSIONS, AND LIMITATIONS OF LIABILITY: DESPITE ANYTHING ELSE CONTAINED IN THESE TERMS, ANY LIABILITY TO YOU BY ANYONE IN THE BIOXYNE INTERNATIONAL GROUP IN RESPECT OF ANYTHING ARISING FROM OR TOUCHING OR CONCERNING THESE TERMS OR ANY OF THE PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF STATUTORY DUTY, EQUITY OR OTHERWISE ARISING FROM ANY RELATIONSHIP WITH YOU (“BIOXYNE INTERNATIONAL LIABILITY”) IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, BUT TO THE EXTENT THAT BIOXYNE INTERNATIONAL LIABILITY CANNOT BE EXCLUDED BY LAW, OR TO THE EXTENT THAT THE EXCLUSION OF BIOXYNE INTERNATIONAL LIABILITY WOULD RENDER THESE TERMS UNENFORCEABLE, YOU AGREE THAT THE MAXIMUM AMOUNT THAT YOU WILL EVER CLAIM AGAINST EVERYONE IN THE BIOXYNE INTERNATIONAL GROUP (IN TOTAL) AND THE MAXIMUM AMOUNT THAT EVERYONE IN THE BIOXYNE INTERNATIONAL GROUP (IN TOTAL) IS LIABLE TO YOU FOR IS THE PRICE THAT YOU PAID TO BIOXYNE INTERNATIONAL FOR THE RELEVANT PRODUCT, OR THE NEXT LARGEST AMOUNT THAT WOULD BE NEEDED TO RENDER THESE TERMS (INCLUDING THESE EXCLUSION AND LIMITATION PROVISIONS) ENFORCEABLE FOR THE BENEFIT OF BIOXYNE INTERNATIONAL AND EVERYONE IN THE BIOXYNE INTERNATIONAL GROUP.
DESPITE ANYTHING ELSE CONTAINED IN THESE TERMS, YOU AGREE THAT BIOXYNE INTERNATIONAL IS NEVER LIABLE TO YOU (OR TO ANYONE ELSE) FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF BIOXYNE INTERNATIONAL’S OBLIGATIONS UNDER THESE TERMS TO THE EXTENT THAT THE FAILURE OR DELAY IS CAUSED, DIRECTLY OR INDIRECTLY, BY AN EVENT OUTSIDE THE REASONABLE CONTROL OF BIOXYNE INTERNATIONAL.
THE FOREGOING EXCLUSIONS, LIMITATIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORM THE BASIS FOR BIOXYNE INTERNATIONAL PROVIDING YOU WITH ACCESS TO THIS WEBSITE AND SUPPLYING YOU WITH PRODUCTS & SERVICES ON THESE TERMS.
“Bioxyne International Group”: means Bioxyne International (NZ) Limited and companies or other entities that Bioxyne International (NZ) Limited owns or controls (or that own or control Bioxyne International (NZ) Limited) and all owners, directors, officers, employees, agents and licensors of those companies or other entities, but always excludes you.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SOME FORMS OF DAMAGE, SO THE LIMITATIONS OR EXCLUSIONS IN THESE TERMS MAY NOT APPLY TO YOU.
You shall at all times indemnify and hold harmless Bioxyne International and each member of the Bioxyne International Group (“those indemnified”) from and against any loss (including legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified where that loss or liability was caused by: (a) a breach by you under these Terms; or (b) any act or omission in relation to your use of this Website, the Products or the services.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You remain personally liable for any orders placed or charges incurred through your account prior to termination.
You hereby consent to Bioxyne International assigning any of its rights and obligations under this Agreement at any time. You may not assign your rights or obligations under this Agreement to anyone unless Bioxyne International first agrees to this in writing.
Bioxyne International takes no responsibility for accuracy of translation services provided by search engines or anyone else.
Any failure or delay by Bioxyne International in exercising (or in partially exercising) any right, power or remedy arising from a breach of these Terms (“Right”) does not operate as a waiver of that Right. A single or partial exercise of any Right by Bioxyne International does not preclude the further exercise of that Right or the exercise of any other Right. Any waiver by Bioxyne International of a Right must be in writing and signed by Bioxyne International. The existence of any right, power or remedy of Bioxyne International expressly set out in these Terms (“Express Right”), or the exercise of that Express Right, does not limit or prejudice any other rights, powers or remedies available to Bioxyne International in contract, at law or in equity, including any rights, powers or remedies that would be available to Bioxyne International if the Express Right was not set out in these Terms.
Third party beneficiaries Unless any provision in these Terms expressly provides otherwise, these Terms are not intended to confer a benefit on any person or class of person who is not a party to these Terms.
New Zealand Law
These Terms (and the agreement that they reflect between Bioxyne International and you) must be interpreted in accordance with, and governed by, the laws of New Zealand. Your use of this Website and the supply of Products and services to you by Bioxyne International and any other matter arising from these Terms are all subject to the laws of New Zealand. You agree that any dispute arising from or relating to these Terms is governed by the non-exclusive jurisdiction of the courts of New Zealand.
Entire Agreement Unless Bioxyne International otherwise agrees in writing, these Terms constitute the entire agreement between Bioxyne International and you in relation to their subject matter and apply to you no matter where in the world you are located at the time any Products or services are provided to you by Bioxyne International, and irrespective of the location where you reside.
If you do not understand any of these Terms or if you have any questions or comments, we invite you to contact us at sales@bioxyneinternational .com or by phone at +64-21 497 749.
22 Milicich Place,
PO Box 1183,