General Terms and Conditions
Your use of this website (www.takecare.co.nz, “we”, “our” or “us”), and purchase of any goods through this website and associated sites (e.g. www.sarahmcguinness.co.nz), is governed by the following terms and conditions:
General disclaimer: The information contained in this website is for general purposes only. The information is provided by Sarah McGuinness Ltd and the Take Care project and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Please note that the Take Care project is not a medical, health or therapy support service and we are unable to respond to such queries. We think asking for help is awesome and Lifeline can be a great place to start. Give them a call on 0800 543 354.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Sarah McGuinness Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Sarah McGuinness Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
New Zealand law applies to use of this website, and all transactions.
Sarah McGuinness Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 30 October 2018.
We may collect the following information: name, contact information including email address, demographic information such as postcode, preferences and interests, other information relevant to customer surveys and/or offers.
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email to do so. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable procedures to safeguard and secure the information we collect online.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
If we use your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us using the contact form on our website. We will also always include an ‘opt-out’ in our direct marketing material. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
You may request details of personal information which we hold about you under New Zealand law. If you would like a copy of the information held on you please contact us using the contact form on our website. If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible using the contact form on our website. We will promptly correct any information found to be incorrect.
Intellectual property: The design of, and content contained within, our website, and each of the various trademarks, company names, logos, product names and product images represented on our website are intellectual property which is either owned by us or licensed to us by suppliers or other third parties and must not be reproduced, copied, removed, altered, used, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without our express permission. All rights are reserved by the original copyright owners.
The products sold on this website are intended solely for your personal non-commercial use. Any use or distribution of products for purposes other than personal non-commercial use is prohibited without our prior written permission.
Accounts: Registering on our website may require a username and password. You are responsible for all activities that occur under your user account, including the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide, the confidentiality of your password and user account information. You must make reasonable efforts to prevent unauthorised access to or use of your account. The account is for your use only. By registering on our website, you consent to receiving marketing, promotional and other material from us. We may, at our sole discretion, suspend or terminate your account and limit your access to our website if we reasonably believe that to be necessary.
Product Information: We have made every effort to display the products featured as accurately as possible. The device you use to view our website may impact on the display of our products. Measurements provided on our website are approximate only. We do not guarantee that the colour, texture or detail of the product shown on your screen will accurately reflect the actual product. We reserve the right to change any aspect of our product information (including price) at any time without notice.
Prices: Prices are displayed in New Zealand dollars, inclusive of goods and services tax (GST) where applicable. We have made every effort to provide accurate pricing information on our website. Where the pricing error is reasonably obvious we may cancel any orders through our website.
Stock Availability: Products displayed on our website are subject to availability. We endeavour to provide accurate stock availability information on our website, however occasionally a product may appear to be “in stock” when it is not available.
Terms of Sale
In addition to the above General Website Terms and Conditions, the following terms and conditions of sale apply to all purchases by you through our website. By completing a purchase order on our website you are stating that you agree to be bound by all of these terms and conditions.
Acceptance of Orders: Dispatch of orders is subject to stock availability and you will be advised if a product is unavailable. To the maximum extent permitted by law, we will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order.
Prices: We will charge you the retail price shown on the website at the time you submit your order, together with any additional handling and delivery fees.
Payment: You may pay online by credit card (NZ$) through our secure payment gateway eWay or Paypal.
Delivery: We currently ship internationally, excluding North America. If you live outside New Zealand, you are responsible for all duty and customs charges incurred in shipping your goods. Due to restrictions, we may not be able to ship to some countries and will advise if we cannot fill your order.
Delivery charge will be advised at time of order. You must make sure that the delivery address and receiver’s name for your order are accurate and complete (including any business name if you ask us to deliver to a work address) because we may be unable to change these details once the order has been placed. We cannot take responsibility for any orders that go missing due to incorrect delivery information provided by you, or because you have not chosen a safe delivery address. Delivery will be deemed to have been made when the goods arrive at the delivery point agreed with you, or, if you are to arrange delivery, when the goods are available for collection by you.
We will notify you when your order has been dispatched. Once an order is sent, it normally takes 2-5 business days to be delivered to New Zealand addresses. International shipping times can vary greatly so we will provide you with tracking information that will enable you to check on the progress of your parcel.
We use New Zealand Post. Deliveries are made during standard weekday business hours and a signature is not required on delivery. If you wish to request a particular location at your delivery address for the parcel to be left please enter a brief note in the delivery instructions field. New Zealand Post are unable to guarantee full compliance with these instructions, but where possible will endeavour to fulfil your request. Unfortunately, requests to deliver at a certain day or time cannot be accommodated.
You must notify us within 10 days of the dispatch date (as stated in the email we send confirming dispatch) if you have not received an item. It is your responsibility to take care of the goods when they have been delivered in accordance with the instructions you have given us.
Liability: If you buy goods or services from us for personal use, the guarantees set out in the Consumer Guarantees Act 1993 will apply to those goods or services.
If you buy goods or services for business use, then we exclude all warranties, representations or conditions in relation to the goods and/or services provided by us implied by law, trade, custom or otherwise and our liability for any claim, damages, loss or expense related to the supply or use of goods or services is limited to the cost paid by you for those goods or services and we will not be liable, whether in contract, tort (including negligence) or otherwise for any business losses including indirect, consequential or special loss or damage, loss of profits, loss of data, loss of savings and loss of opportunity.
Returns: Please choose carefully, as we do not refund if you change your mind or if you made a mistake when ordering from the website. If the product returned is faulty, we will meet our obligation to provide a remedy under the “Consumer Guarantees Act”. We do not offer currently offer exchanges.
Cancellations: If you wish to cancel your order, please contact us as soon as possible. It is not possible to cancel your order once it has been dispatched.
Product damage: Should any damage be found after signing for the products due to the damage being concealed (i.e. not obvious due to packaging) you must notify Sarah McGuinness Ltd within 24 hours of delivery. We can discuss replacement or refund options, and collection of the damaged item and return it to us.
Named credits: Sarah McGuinness Ltd and Ministry of Awesome.