Terms of Sale
These Terms of Sale govern the purchase of any goods (“Goods”) you make from Avatar (“Avatar”, “our” “us”, “we”) through the Avatar websites at www.avatarhoney.com, or www.avatarmanukahoney.com (“Website”). You should read and ensure you understand these Terms of Sale before ordering (“Order”) any Goods through this Website.
These Terms of Sale should be read in conjunction with our Privacy Policy.
By accessing the Website you are deemed to have read and agree to be bound by these Terms of Sale and Avatar's Privacy Policy.
If you do not agree with any of these Terms of Sale or our Privacy Policy you must not order Goods through the Website.
1. Orders
Your Order must contain your name, email address, credit card details, billing address, delivery address and any other ordering information specified on the Website
Avatar will endeavor to deliver all your Orders made by you on the Website but reserves the right to refuse to deliver any Goods ordered for any reason, including but not limited to, unavailability of stock, size of the order, or limitation of trackable shipping service to your location.
If we reject your Order for any reason, neither you or we will be under any further obligation to the other arising out of your Order or our rejection of that Order.
You will not be charged for the Order or any part thereof we are not able to fulfill. If you have been charged we will reimburse the payment for any part of the Order not fulfilled. Reimbursements will only be made to the original method of payment you used to place the Order and can not be substituted for a cash refund.
We reserve the right to recalculate the freight cost and charge you for the freight for any part of the Order supplied.
We may contact you to confirm your Order requirements or to notify you of any Goods you have ordered that are out of stock. We may offer you the opportunity that you may take at your discretion to have your order placed on back order in whole or in part awaiting the missing Goods replenishment or we may offer you the option to delete Goods that are out of stock from your order or offer you alternative replacement Goods.
We will refund you for any Goods we can't supply unless you agree to a substitute in which instance the price for the Order will be adjusted accordingly.
2. Price
You must pay our price, including freight. Our Prices are in NZD and inclusive of GST unless otherwise stated. All Orders will be paid to us in NZD but you may change the currency selection to one of the available options on the Website at your discretion. Please note that our on-site currency display is indicative only for international (non-NZD) currencies and there may be currency exchange or foreign transaction charges charged by your payment service provider.
We may amend our prices at any time without prior notice.
For any Orders shipped to destinations outside of New Zealand our prices exclude any excise, duty, impost, fine or fee of any kind whatsoever imposed by international customs or other governmental agencies. The importer (you) is ultimately responsible for paying any duty, bio-security infringement or other such charges owed on an import of Goods ordered from our Website.
For New Zealand customers, we also accept Internet Banking as a payment method.
Internet Banking is available as a payment option through our secure checkout process. Detailed instructions are provided when you select this as your payment method. Having submitted your order, you will be required make payment of the total cost of your order (including shipping) directly to our bank account.
Name:
Avatar Honey NZ Ltd
Bank:
BNZ
Account Number:
02-0688-0219384-000
Please use your Order Number (provided at checkout) and full name as a reference against your deposit. If you don't we may have difficulty in reconciling your payment to your Order which can cause a delay in its delivery.
Feel free to contact us to confirm the details of your payment.
International Money transfers may be arranged for significant Order quantities by contacting admin@avatarhoney.com.
Your order will be dispatched promptly when we receive your payment, usually the next working day.
3. Shipping Details
You must provide us with your true address and contact details.
We may contact you to confirm your shipment requirements or report any shipping problems or delays.
For international customers, Avatar or its shipping agent will endeavor to contact you if your Order is detained for customs clearance when your Order arrives in your destination country.
4. Risk and Title
Title in the Goods does not pass to you until payment has been received in full by us.
a. Domestic (NZ) Orders,
Possession and risk in the Goods shall pass to you upon delivery of the Goods to the address supplied by you when placing an Order.
b. International Orders
Customs and import regulations vary widely between countries and may exclude the importation of some of our Goods or these Goods may attract excise duties in your country. When you buy Goods from our Website, you become the importer and you are responsible for assuring that the goods comply with any government import regulations. You are responsible for all Customs risk and payment of all duties in your country for your Orders.
Possession and risk in the Goods for International Orders shall pass to you upon either the delivery of the Goods to the address supplied by you when placing an Order or upon notification by our shipping agent that the Goods have been detained or quarantined for Customs clearance in the country listed in the address supplied by you.
You accept that under no circumstances may you request a charge-back or refund from us or from your payment provider due to failure on your part to pay Customs excise duty on your Order or in the event that Customs in your country confiscates or seizes the Goods.
5. Returns and Refunds
Unfortunately, some items do get delayed, damaged or lost in transit.
You may be entitled to a replacement or refund if your item is damaged or lost.
a. Delayed and lost Goods
Our delivery times are targets only – some items may take longer to be delivered.
No compensation is payable for delays. Once a reasonable period for delivery has passed, and in the absence of any information on where an item is, we may determine the item to be lost and refund your money.
If your Goods have not arrived as expected, there are a number of things you can
check before you contact us:
1. check our delivery targets, to see when the item should have been expected;
2. if the item was sent using a service that has tracking, use our online tracking tool (https://www.nzpost.co.nz/tools/tracking) and enter your tracking number to check its status.
You must contact us if your Goods haven’t been delivered within 14 days of ordering them. We can not accept any claims for lost goods after 21 days of purchase.
If your item turns up after we have settled your claim, you must notify us immediately and hold the item in its original packaging in new condition and await our instructions. We may require you to help us in arranging for the Goods return to our warehouse at the return address below.
b. Damaged Goods
We take every care to ensure your goods reach you in perfect condition and accept full responsibility for products damaged in transit. If your Goods are received in person at the time of delivery and are damaged or incomplete, either reject the delivery and contact us immediately or sign for the Goods noting the damage on the all copies of the delivery docket and contact us immediately.
If Goods are delivered in your absence and have apparent damage from transit, you must notify us within 7 days of receiving the Goods with the relevant details of any damage. We may ask you to e-mail us photographs of the damage and you must retain the Goods and packaging in the same condition as they are received.
When lodging an enquiry or making a claim for loss or damage you must provide us with all relevant information to enable us to investigate the matter. The information you provide must be accurate and will include the following:
• date and proof of purchase (receipts or invoices, transaction reference)
• time, date and place of Goods were received
• tracking number (where applicable)
•description and evidence (including photographs) of loss and any damage.
We may request you take the item and its packaging ( in the same condition as when it was delivered) to your nearest PostShop if within New Zealand or New Zealand Post retail outlet.
In the case of an item sent overseas, we may request you take the item to the postal authority in your country for the purpose of obtaining a damage report within 7 days of the delivery of the Goods. We may not be able to refund damaged Goods unless we receive such a damage report from your country’s postal agent.
We may require you to help us in arranging for the damaged Goods return to our warehouse at the return address below.
c. Defective Goods
If Goods are purchased on the Website, and those Goods appear to have a manufacturing defect or do not conform to specification, you must notify us within 7 days of receiving the Goods and include date and proof of purchase, description and batch number of Goods and details of defect. We may ask you to e-mail us photographs of the defect and you must retain the Goods and packaging in the same condition as they are received and await our instructions. We may ask you return the Goods where upon receipt Avatar will at its discretion, replace the Goods with like items or refund the purchase price.
d. Incomplete and Incorrect Orders
Incomplete or incorrect Orders must be reported to us within 7 days of their delivery together with the invoice number. We may ask you return incorrect Goods where upon receipt Avatar will at its discretion, replace the Goods with like items or refund the purchase price. Goods that are received back that have been damaged or are not resaleable may not be credited in full.
e. Refunds
We individually investigate each enquiry and claim. Resolution of your case may not be immediate and some international investigations may take weeks to resolve. If we request your damaged Goods to be returned and once your return is received and inspected, we will send you an email to notify you of the outcome of your claim.
In determining whether to issue a refund we may consider whether your actions contributed to the Goods going missing or being damaged or that you did not mitigate the loss, including by:
(a) not correctly entering your accurate address details on the Website for the Goods;
(b) Ordering Goods for delivery to a country where we have no postal or courier service contracts.
(c) Not providing us with all necessary information relating to the loss or damage.
(d) Lodging a claim for damage or loss outside of time.
We will notify you via e-mail of the outcome of your claim.
If approved, you may elect for replacement Goods to be sent or request a refund.
If you request a refund we will credit your original method of payment, within a reasonable time frame.
f. Exchanges
We do not offer an exchange service. We only replace items if they are defective or damaged.
g. Shipping
If requested to return your product, you should send your product to:
Avatar Honey New Zealand Ltd
886 Bidwills Cutting RD,
RD1, Greytown, Wairarapa
Wellington, New Zealand
Depending on the circumstances, we may at our discretion, ask you to pay for the return shipping costs for returning your Goods. Shipping costs are non-refundable.
If you are shipping any item back to us, please remember to use a trackable shipping service or purchase shipping insurance. We can’t guarantee that we will receive your returned item.
6. Warranties
The content of this Website relating to the uses or application of manuka honey is for general information or educational purposes only and does not constitute, nor does it intend to constitute, medical or other professional advice.
Avatar tries to provide content that is true and accurate as of the date of writing; however, we give no assurance or warranty regarding the accuracy, timeliness, or applicability of any of the contents. Visitors to this site should not act upon this information without first seeking appropriate professional advice.
a. Exclusion of warranties:
Avatar makes no warranty as to the suitability of its products for any particular purpose. You acknowledge that you have made your own investigations as to the fitness of the Goods for your purpose.
All representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded.
The Consumer Guarantees Act 1993 will not apply to Goods that are acquired for business purposes.
7. Exclusion of Liability
Except as may be permitted by law, under no circumstances will Avatar be liable to you or anyone else in contract, tort, equity, statue, regulation or otherwise for any loss whatsoever including consequential loss, or for any loss of profits, revenue, goodwill, business or anticipated business or anticipated profits or savings in connection with your use of the Website, the information and Goods ordered or accessed through the Website for any reason whatsoever (including negligence).
Avatar shall not be liable to you for any failure or delay in performance of our obligations to you to the extent such failure or delay is due to a Force Majeure Event.
“Force Majeure Event” means, a circumstance beyond our reasonable control including: earthquake, epidemic, fire, flood, riot, terrorism or war; or lock-outs, strikes and other industrial disputes which do not relate solely to our workforce.
8. Limitation of Liability
In the event that any limitation or provision contained in these Terms of Sale is held to be invalid or unenforceable for any reason and Avatar becomes liable for any loss or damage that would otherwise have been excluded, Avatar’s maximum aggregate liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Website or from any Goods supplied to you shall in no circumstances exceed the amount paid by you to Avatar in respect of the Goods.
9. Severance:
If any provision of these Terms of Sale is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to the extent necessary to make it legal, valid and enforceable or, if it cannot be read down, deemed severed from the Terms of Sale. Such change shall not affect the legality, validity and enforceability of the other provisions of the Terms of Sale.
10. Waiver:
Any waiver of a right will not constitute a waiver of any subsequent or continuing right, or of any other provision in these Terms of Sale. No failure or delay by us to exercise any right shall constitute a waiver of that or any other right, nor restrict any further exercise of that or any other right.
11. Amendments
Avatar reserves the right to amend these Terms and Conditions from time to time without prior notice.
12. Governing Law and jurisdiction
This Website and its use are governed by New Zealand Law and you irrevocably submit to the non-exclusive jurisdiction of the New Zealand courts in any proceedings relating to a dispute between you and us.
Details contained on the Website relating to Goods, including any descriptions or claims made in relation to Goods, have been prepared in accordance with New Zealand law and may not satisfy the laws or regulations of any other jurisdiction. We do not warrant that the details, descriptions or claims on the Website concerning Goods or the same on the labels of the Goods will satisfy the laws of any other jurisdiction. It is your responsibility to determine whether these details, descriptions and claims satisfy the laws of the jurisdiction where you reside. If you are not satisfied in this regard you may not Order any Goods from the Website.
