Terms and Conditions

1. This document (together with the documents referred to in it) sets out the terms and conditions (“Terms and Conditions”) on which NutriciaStore will supply to you the Goods and/or Services listed on our Site.
2. By using this Site, including purchasing any Goods and/or Services from this Site, you accept these terms and conditions as governing your use of this Site and such purchases.
3. Please read these terms and conditions carefully before ordering any Goods and/or Services from our Site. You should understand that by ordering any of our Goods and/or Services, you agree to be bound by these Terms and Conditions.
4. Unless expressly agreed in writing by NutriciaStore, these Terms and Conditions take precedence over any other terms and conditions, and any other terms and conditions proposed or issued by the Customer will have no effect.

CGA means the Consumer Guarantees Act 1993;

Amount Owing means the Consumer Guarantees Act 1993;

Business Days means any day other than Saturday, Sunday, a public holiday in Auckland, New Zealand;

Customer or ‘you’ means, in each case, the customer named as such in the Purchase Order;

Delivery Address means the New Zealand delivery address specified in the Purchase Order or such other address that is in the general locale of the New Zealand delivery address specified in the Purchase Order, or is notified to NutriciaStore in writing from time to time and is accepted by NutriciaStore as being an appropriate new delivery address;

Delivery Date means the New Zealand delivery address specified in the Purchase Order or such other address that is in the general locale of the New Zealand delivery address specified in the Purchase Order, or is notified to NutriciaStore in writing from time to time and is accepted by NutriciaStore as being an appropriate new delivery address;

Event of Default means any event where:

1. any Amount Owing by the Customer to NutriciaStore is overdue; or
2. the Customer (in any capacity) fails to comply with any other obligation under these Terms and Conditions or any other agreement with NutriciaStore; or
3. the Customer fails to comply with the Purchasing Policy; or
4. the Customer fails to take delivery of the Goods;

Force Majeure Event means an event or circumstance beyond the reasonable control of either party, which makes it difficult or illegal to perform, or prevents compliance with or the performance of, a party’s obligations under these Terms, including:

1. acts of God, fires, floods, storms and earthquakes;
2. strikes, lockouts or industrial dispute;
3. riots, explosions, insurrection or war, governmental action, epidemics, disease, accidents or emergency;
4. interruptions to transportation or telecommunications, cyber security threats, delay in obtaining licenses, embargo, or damage caused by a third party to the party's works or business or those of its suppliers; or
5. any other cause of the kind specifically stated above and outside the party’s reasonable control;

Goods mean any goods or products supplied by NutriciaStore pursuant to a Purchase Order;

GST means goods and services tax payable on supplies in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Intellectual Property means goods and services tax payable on means any patent, copyright, design right, database right, topography right, trade mark, service mark, name, domain name, logo, application to register any of the aforementioned rights or materials in which they may subsist, know-how, rights of confidence and any other intellectual property or industrial property right of any nature whatsoever in any part of the world, whether or not registered or capable of registration or existing now or in the future, including customer lists, specifications, formulae and processes;

Non-Excludable Rights means Nutricia New Zealand Pty Limited (ABN 99 076 246 752);

Price List means the list of prices for NutriciaStore’s Goods and/or Services whether online or otherwise valid as at the date of dispatch or supply;

Purchase Money Security Interest has the meaning given to it in the PPSA;

Purchase Order means an order for Goods and/or Services submitted to NutriciaStore by the Customer using NutriciaStore’s standard order form whether online, by phone or otherwise;

Purchasing Policy means the NurticiaStore Purchasing Policy available here as amended and updated from time to time;

Security Interest has the meaning given to it in the Personal Properties Securities Act 2009;

Services mean any services supplied by NutriciaStore pursuant to a Purchase Order, including delivery services;

Service Completion Date means the date for completion of the Services pursuant to the relevant Purchase Order;

Site means nutriciastore.com.au

Terms and Conditions means these Terms and Conditions;

Third Party Supplies means all goods and services supplied by persons or entities other than NutriciaStore.

1. All orders or requests for the supply of Goods and/or Ser ices ordered via this website will be deemed a Purchase Order. The Customer must ensure that the Purchase Order and the Customer's Delivery Address comply with the Purchasing Policy.
2. When the Customer places a Purchase Order, the Customer is making an offer to purchase the Goods and/or Services for the price specified on the Price List at the time the Customer places the Purchase Order (plus any applicable delivery, insurance and/or payment surcharges). No contract for the purchase of Goods and/or Services will come into existence until a Purchase Order has been reviewed and accepted by NutriciaStore and NutriciaStore has notified the Customer of such acceptance. NutriciaStore may decline a Purchase Order where there are reasonable grounds for doing so, for example, the Goods and/or Services are no longer available or if there is an error in the Price List or the description of the Goods and/or Services listed on the Site.
3. NutriciaStore may apply differing delivery charges to Purchase Orders, depending on whether the Customer has a registered account on the Site, or is using the guest checkout option. All Customers who register to become account holders will receive the benefits which flow from NutriciaStore’s subscription service. The benefits of subscribing will be offered by NutriciaStore to account holders as they appear on the Site, and may vary from time to time at NutriciaStore’s discretion The delivery charge applicable to the Customer's Purchase Order will be displayed at the time of checkout. NutriciaStore may also apply a limit to the number of Goods and/or Services Customers may order (either in a single transaction or over a period of time, and whether as an account holder or guest) and may reduce or decline a Purchase Order which exceeds an applicable limit. NutriciaStore will notify a Customer whether the Customer's Purchase Order has been accepted, reduced or declined as soon as reasonably practicable.
4. NutriciaStore may cancel a Customer's Purchase Order after it has already been accepted if the Customer is suspected of acting fraudulently (such as using a credit card without proper authorisation) or is in breach of these Terms and Conditions or the Purchasing Policy. NutriciaStore may charge the Customer an administration fee to cover its costs of processing and declining the order.
5. The Customer may cancel a Purchase Order if NutriciaStore is in breach of these Terms and Conditions. Otherwise, once NutriciaStore has accepted a Purchase Order, it cannot be cancelled by the Customer without NutriciaStore’s prior written approval. Any modifications or variations to a Purchase Order by the Customer will not be accepted unless notified to NutriciaStore on the same day of purchase. NutriciaStore will endeavour to update these changes if the order has not been dispatched, if however, the order is already in progress, the order will not be able to be changed. The customer may refuse the delivery at time of receipt and return to NutriciaStore for a refund (delivery charges may still apply) (refer clause 8). NutriciaStore will not accept any cancellations of orders for change of mind or any other reason not provided for in these Terms and Conditions to the maximum extent permitted by law.
6. The Goods and/or Services NutriciaStore agrees to supply to the Customer are the Goods described in the Purchase Order as accepted by NutriciaStore. To the maximum extent permitted by applicable law and without affecting the Customer's Non-Excludable Rights, the Customer acknowledges that all descriptions, specifications, statements or visual representations provided by NutriciaStore to the Customer or otherwise contained in any catalogues, advertising material or other documentation are approximate only and are intended to be merely a general description of the Goods and/or Services and are not incorporated in any contract with the Customer nor form part of the description of the Goods and/or Services provided under these Terms unless expressly agreed otherwise in writing by NutriciaStore.

1. Unless expressly agreed otherwise by NutriciaStore, the purchase price of the Goods and/or Services is the price specified on the NutiricaStore website at the time that the Customer places a Purchase Order for the relevant Goods and/or Services. The Customer acknowledges and agrees that prices are subject to increase due to exchange rate fluctuations or increases in supplier costs beyond NutriciaStore’s reasonable control. NutriciaStore reserves the right to update or amend the prices displayed on its website from time to time
2. Disbursements and expenses incurred by NutriciaStore in supplying the Goods and/or Services may be charged to the Customer in addition to the price, including, without limitation, freight and insurance. NutriciaStore reserves the right to charge a reasonable handling fee for all orders delivered to the Customer
3. if you purchase a Good and/or Service for delivery to you in New Zealand, all amounts are stated in New Zealand dollars and are inclusive of GST.

1. Where a quotation is given by NutriciaStore for Goods and/or Services:
   1. NutriciaStore reserves the right to withdraw the quotation without notice at any time prior to acceptance by the Customer; and
   2. unless stated otherwise, the quotation is:
      1. valid for a period of no more than 30 days from the date of quotation; and
      2. inclusive of GST, where the Goods and/or Services will be supplied in New Zealand
2. Where Goods and/or Services are required in addition to the quotation, the price of those Goods and/or Services (and any related taxes, tariffs, duties or impositions of a similar nature, disbursements or expenses) will be payable by the Customer in addition to the quoted amount.

1. The Customer must pay all Amounts Owing at the time NutriciaStore accepts the Customer's Purchase Order.
2. The Customer will be required to pay for the Goods and/or Services using the payment methods specified on the Site or otherwise accepted by NutriciaStore from time to time. NutriciaStore will process the transaction upon acceptance of the Customer's Purchase Order. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be notified to the Customer before the Customer's transaction is processed.
3. If the Customer disputes the whole or any part of any invoice submitted by NutriciaStore:
   1. the Customer will pay the undisputed portion of the invoice in accordance with clause 7.1, and notify NutriciaStore in writing (within five Business Days of receipt of the invoice) of the reasons for disputing the remainder of the invoice; and
   2. if it is resolved that some or all of the amount in dispute should have been paid at the time first invoiced, then the Customer will pay interest on that amount in accordance with clause 7.7.1 from the original due date until the amount (including accrued interest) is paid in full.
4. Where any approved credit limit is exceeded, or no credit limit exists, NutriciaStore may (at its option) require the Customer to pay for the Goods and/or Services within a shorter time frame or in advance of provision of the Goods and/or Services by giving notice to the Customer accordingly. The Customer is not relieved from its obligation to pay as a result of the credit limit being exceeded or no credit limit existing.
5. The Customer must not deduct, withhold or offset any sum from any Amount Owing to NutriciaStore under these Terms.
6. If payment in full is not received by NutriciaStore by the due date:
   1. the Customer will pay to NutriciaStore on demand default interest on any Amount Owing, at a rate of 2% per annum above the current penalty interest rate fixed under the Interest on Money Claims Act 2016, calculated on a daily basis from the date payment is due until the date payment in full (including accrued interest) is received by Nutricia; and
   2. NutriciaStore may (without any prior notice or demand) set-off or deduct any amounts owing (or to become owing) by NutriciaStore to the Customer in order to reduce any payment due (or to become due) by the Customer to NutriciaStore.

1. Goods can only be delivered to New Zealand addresses.
2. Unless otherwise agreed in writing:
   1. Subject to clause 7.1, NutriciaStore is responsible for arranging delivery of the Goods; and
   2. the Goods will be delivered to the Delivery Address.
3. Delivery will be completed by the Goods being left, or made available to the Customer, at the Delivery Address. The Customer will be responsible for:
   1. payment of all charges to enable delivery of the Goods; and
   2. accepting the Goods at the Delivery Address, promptly on arrival of the Goods at the Delivery Address. To the maximum extent permitted by applicable law and subject to the Customer's Non-Excludable Rights, NutriciaStore will not be responsible for any loss or damage to Goods caused by the Customer providing an incorrect Delivery Address or for non-compliance with the Customer's delivery instructions (for example, leaving a product outside or unattended).
4. If NutriciaStore is unable to deliver the Goods to the Customer the relevant delivery partner will leave notification of the location of the parcel for the customer to collect within a timeframe specified on the notification. If the Goods are not collected within this time, the Goods will be returned to the originating depot and a refund will be processed at the purchase price of the Goods, less NutriciaStore's freight and handling costs for the failed delivery/ies. If the Customer requires the item, a new order must be placed for the replacement item. If the Customer fails or refuses to take or accept delivery or to unload the Goods promptly on their arrival, then the Goods shall be deemed to be delivered when NutriciaStore was willing to deliver the Goods, NutriciaStore will be entitled to invoice the Customer for full payment and the Customer shall be liable for all reasonable costs incurred by NutriciaStore, including reasonable storage, freight and handling costs, until the Customer accepts delivery of the Goods (and unloads them).
5. Subject to NutriciaStore accepting a Purchase Order, Goods will normally be shipped from NutriciaStore's warehouse by the end of the next Business Day of receipt of that Purchase Order, unless otherwise noted in the description of the Goods on the Site. However, any delivery times displayed or otherwise notified to the Customer are estimates only, based on the information provided by NutriciaStore's shipping company. NutriciaStore will use reasonable commercial endeavours to meet any agreed Delivery Date or Service Completion Date and, if there is a delay in shipping the Goods or performance of the Services ordered by the Customer, NutriciaStore may contact the Customer to advise of the reason for the delay. If this occurs, the Customer may cancel their Purchase Order at any time prior to when the Goods are shipped. Where possible, if extended delays are expected due to holiday periods, weather conditions or extenuating circumstances, NutriciaStore will place an “important notice” on the website to inform Customers. Where there are significant delays in delivery, the Customer may be offered a refund if the Goods have not arrived more than 10 days after the original order date.
6. For the avoidance of doubt, the time agreed for delivery of Goods or performance of Services is not an essential term of any contract, unless expressly acknowledged and agreed to be by NutriciaStore in the applicable Purchase Order.
7. Product Shelf life will be supplied within a reasonable usage time vs the expiry of the product and this may vary depending on the usage guidelines for each product.

1. 
   You must inspect the Goods immediately following delivery to you. Subject to NutriciaStore’s obligations under the CGA, you may only return a Good for a change in mind with our prior approval. Subject to our obligations under the CGA, the following conditions apply for all Goods returned for a change in mind with our approval:
   1. a written return claim must be received by (via email or letter) within five (5) working days after the delivery of the Goods.
   2. the original Purchase Order number and date must be quoted;
   3. on our approval of the written return claim, we or our authorised agent will issue a returns authorisation form and/or number which you must attach to the Goods when returned;
   4. where a Good was originally supplied in a special manufacturer’s carton, any return must be made in that original carton. All Goods must also be in their original and unmarked condition, complete with any instruction sheets supplied;
   5. the Customer will be responsible for paying outward and inward freight, transport and/or delivery charges. If not pre-paid by the Customer, the cost of freight, transport and/or delivery incurred by NutriciaStore will be deducted from the amount of any refund or credit we give the Customer, and if no credit is available, then such cost will be invoiced to the Customer and payable by the Customer;
   6. the Good must be returned within 20 days of the date of approval of the return claim by NutriciaStore;
   7. NutriciaStore may charge a reasonable restocking fee; and
   8. NutriciaStore accepts no responsibility for any delays in refunding or crediting your account where such delay is caused by the Goods being incorrectly branded or returned without adequate identification of both you and of the Goods returned.
2. Subject to our obligations under the CGA, any Good that has been altered or damaged by you cannot be returned.
3. Subject to our obligations under the CGA, any claim that the Good is defective, damaged, faulty, short delivered or not supplied in accordance with these Terms and Conditions and/or the relevant Purchase Order must be made at the time of delivery or in writing to us within five (5) working days after delivery of the Goods to you. If you fail to make a return claim within this timeframe then, to the extent permitted by law, the Goods will be deemed to have been accepted by you and we will not be liable (and you waive any rights to seek remedies) in relation to any later claim for any damage to, discrepancy or other non-compliance of the Goods.
4. Any claim for Goods damaged in transit must be accompanied by a photograph of the affected Goods. If you fail to provide photographic evidence of the damaged Goods, to the extent permitted by law, the Goods will be deemed to have been accepted by you and we will not be liable (and you waive any rights to seek remedies) in relation to any later claim for any damage to the Goods.
5. A signed consignment note and/or proof of delivery note is a legal document and if signed is acceptance that the Goods have been accepted as delivered by the Customer. If you claim that we have not supplied the Goods and the consignment note and/or proof of delivery note has been signed by you and indicates the delivery in question was made, to the extent permitted by law, the Goods are deemed to have been accepted by you and we will not be liable (and you waive any rights to seek remedies) in relation to such claim.
6. All return claim payments will be made by us using the same payment method used by you for your original order. Where you are claiming that the Goods have been short delivered, we will refund the balance amount paid in respect of the Goods not delivered from the order using the same payment method used by you for your original order.

1. Risk of any loss, damage or deterioration in the Goods will pass from NutriciaStore to the Customer when the Goods are delivered (or deemed to be delivered) to the Customer in accordance with clause 8.
2. The Customer must insure the Goods for their full replacement value for the benefit NutriciaStore at all times from the time at which risk in the Goods passes to the Customer until ownership of the Goods has passed to the Customer.

1. Title to the Goods will pass to the Customer upon the later of the Delivery Date, and the date NutriciaStore has received full payment in cleared funds of the Amount Owing in respect of the Goods. Until that time, all Goods supplied by NutriciaStore will remain the property of NutriciaStore and title in them will not pass to the Customer.
2. NutriciaStore may apply any payments received from or on behalf of the Customer in reduction of the Amount Owing in such order and manner as NutriciaStore thinks fit (despite any direction to the contrary and whether before or after the occurrence of an Event of Default).
3. If the Customer resells or uses any Goods before ownership of the Goods has passed to the Customer, the proceeds of such sale or use will be received and held by the Customer (in whatever form) in trust for both the Customer and NutriciaStore. NutriciaStore’s interest as beneficiary under that trust will be that portion of the proceeds that does not exceed the Amount Owing. The balance of the proceeds (if any) will be the Customer’s beneficial interest under that trust.
4. NutriciaStore may bring an action for Amounts Owing in relation to Goods sold even where ownership of the Goods may not have passed to the Customer.

Neither party will be liable for any failure or delay in performing any obligations under these Terms and Conditions (other than an obligation to pay money) to the extent that such delay or failure is caused or contributed to by a Force Majeure Event. In the event that NutriciaStore's delivery of Goods or performance of Services is affected by a Force Majeure Event, NutriciaStore will be entitled, at its option and on giving reasonable notice to the Customer, to amend the relevant Delivery Date or Service Completion Date by a reasonable period of time, or to terminate a Purchase Order. In the event that a Delivery Date or Service Completion Date is extended by more than 10 Business Days, the Customer may cancel their Purchase Order by giving written notice to NutriciaStore.

1. Unless otherwise agreed in writing by NutriciaStore, the Customer acknowledges and agrees that the Customer:
   1. must not sell or distribute the Goods outside of New Zealand;
   2. must enter appropriate contractual arrangements with all persons to whom the Customer on-sells the Goods, prohibiting those persons from selling or distributing the Goods outside of New Zealand; and
   3. must not, whether directly or indirectly for trade purposes:
      1. sell or distribute, or engage, assist or permit any other person to sell or to distribute, the Goods to a person who was, within the 12-month period preceding the Delivery Date:
         1. a customer of NutriciaStore; or
         2. a prospective customer of NutriciaStore, with whom NutriciaStore has had negotiations or discussions regarding the possible supply of goods; or
      2. manufacture, or engage, assist or permit any other person to manufacture, goods similar to the Goods.
2. The Customer must not give or make any undertaking, assertion or representation in relation to the Goods without NutriciaStore’s prior approval in writing.
3. The Customer will indemnify NutriciaStore against any liability or cost incurred by NutriciaStore as a result of the Customer’s breach of this clause 13
4. The Customer indemnifies NutriciaStore, upon demand, for all costs and expenses (including legal fees on a solicitor and client basis) incurred by NutriciaStore as a result (whether directly or indirectly) of the occurrence of an Event of Default.
5. To the extent the Customer fails to comply with any purchasing policy issued by NutriciaStore, NutriciaStore in its sole discretion may cancel and/or terminate any Purchase Order (whether accepted by NutriciaStore or otherwise). If NutriciaStore has not suffered any loss, damage or expense as a consequence of the Customer’s failure to comply with any purchasing policy issued by NutriciaStore, NutriciaStore will provide a refund to the Customer.

1. In addition to NutriciaStore’s general rights of termination under these Terms and Conditions and at law, NutriciaStore reserves the right to terminate any Purchase Order if:
   1. the sold Goods are repaired or modified without its prior knowledge or consent, by any person other than an authorised representative of Nutricia; or
   2. NutriciaStore ceases to have rights to distribute the Goods or to provide the Services.Any amounts paid in respect of terminated Purchase Orders will be refunded to the Customer.
2. Any amounts paid in respect of terminated Purchase Orders will be refunded to the Customer.

1. If a dispute, difference or question arises between the parties out of or in connection with these Terms and Conditions (including any Purchase Order under them) or the subject matter (a Dispute), the process for resolving the Dispute will be as set out in this clause 17 and, in particular, no party may commence court proceedings relating to the Dispute (unless that party is seeking urgent interlocutory relief).
2. A party claiming a Dispute has arisen must give written notice to the other party specifying the matter in dispute.
3. After a party has given a notice under clause 17.2, the parties must use their reasonable endeavours to resolve the Dispute within 20 Business Days of the date of that notice, including by making available for a meeting (in person, or via video conference) representatives with authority to settle the Dispute.
4. If the Dispute is not resolved under clause 17.3, the parties must within a further 20 Business Days (or further period agreed in writing) seek to agree on a process for resolving expeditiously and cost-effectively the whole or part of the Dispute through means other than arbitration such as, and without limitation, further negotiations, mediation, conciliation, independent expert determination or any other alternative dispute resolution technique.
5. If the Customer and NutriciaStore do not agree an alternative process for resolving the dispute under clause 17.4 within 20 Business Days (or the further period agreed in writing), or if they do but the Dispute is not resolved under that alternative process within 20 Business Days of commencement of that alternative dispute resolution process, the Dispute may be referred to arbitration by written notice given by either party to the other and the following will apply:
   1. the arbitration will be in accordance with the New Zealand International Arbitration Centre Rules, subject to clauses 17.5.2, 17.5.3 and 17.5.4;
   2. the arbitration will be by a sole arbitrator to be agreed between the parties. If the arbitrator is not agreed between the parties within 10 Business Days of the notice referring the Dispute to arbitration, the arbitrator will be appointed by the New Zealand International Arbitration Centre upon the application of any party;
   3. the arbitration will take place in Auckland, New Zealand and all proceedings and submissions will be in English; and
   4. the award in the arbitration will be final and binding on the parties.
6. Notwithstanding the Dispute, each party will continue to perform its obligations under these Terms and Conditions as far as possible as if no Dispute had arisen, pending final resolution of the Dispute.
7. Nothing in this clause 17 will prevent either party from seeking urgent interlocutory relief from the courts of New Zealand.

1. Subject to clause 18.3 and except as expressly agreed by NutriciaStore in writing, NutriciaStore expressly excludes, to the maximum extent permitted by law:
   1. all warranties, descriptions, statements and representations, whether implied by statute or made by any representative or agent of NutriciaStore or otherwise, and whether express or implied;
   2. all liability (whether in tort (including negligence), contract, equity or otherwise) under or in connection with these Terms and Conditions or the supply of Goods and/or Services to the Customer; and
   3. any liability in any event for any loss or profits, loss of revenues, or consequential, indirect or special damage, loss or injury of any kind suffered by the Customer or any other party.
2. Subject to clause 18.3 and except as expressly agreed in writing, NutriciaStore does not provide any warranties for Third Party Supplies sold, supplied or arranged by NutriciaStore pursuant to a Purchase Order and the Customer acknowledges and agrees that:
   1. the Customer relies solely on the third party’s warranty (if any);
   2. the third-party supplier’s terms will apply; and
   3. the Customer will be solely responsible for compliance with the third-party supplier’s warranty registration and claims processes.
3. All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms and Conditions or its subject matter, not contained in these Terms and Conditions, are excluded from these Terms and Conditions to the maximum extent permitted by law. Nothing in these Terms and Conditions is to be taken to exclude, restrict or modify any guarantee, condition or warranty that NutriciaStore is prohibited by law from excluding restricting or modifying. If such a guarantee, condition or warranty applies to these Terms and Conditions and NutriciaStore breaches it, NutriciaStore’s liability is limited to:
   1. in the case of Goods, the replacement of the Goods or the supply of equivalent Goods, the repair of the Goods, the payment of the cost of replacing the Goods or of acquiring equivalent Goods, or the payment of the cost of having the Goods repaired; or
   2. in the case of Services, the resupply of the relevant Services or the payment of the costs of having the relevant Services resupplied,to the extent NutriciaStore is permitted to do so under applicable law.
4. Insofar as NutriciaStore may be found liable notwithstanding clauses 18.1 and 18.2, NutriciaStore’s maximum aggregate liability whether in tort (including negligence), contract, equity or otherwise, for any loss, damage, claim, cost, expense or injury arising under or in connection with these Terms and Conditions or the supply of Goods or Services to the Customer (including directly or indirectly from any defect in, or non-compliance of any Goods or Services) is limited:
   1. to repair, replacement or re-performance of any defective Goods or Services, in accordance with clause 18.5;
   2. to credit for the cost of repairing the defective Goods or Services; or
   3. to repayment of the price paid by the Customer for the defective Goods or Services,to the extent NutriciaStore is permitted to do so under applicable law.
5. Parts (if available) and labour for repair or replacement of any Goods or re-performance of any Services under clause 18.3 will be provided by NutriciaStore during normal working hours, and in the case of Goods, at a place of business of NutriciaStore. To the maximum extent permitted by law, NutriciaStore is not liable for the cost of transportation of the Goods to such a place of business except in cases where the Goods supplied are defective, damaged or faulty. All defective, faulty or otherwise rejected Goods will be the property of NutriciaStore to dispose of as it sees fit.

1. All Intellectual Property in the Goods and/or Services or created incidentally shall remain the sole and exclusive property of NutriciaStore, and nothing in these Terms and Conditions will give the Customer any interest in any Intellectual Property belonging to NutriciaStore.
2. Except to the extent that you have Non-Excludable Rights to do so, you will not copy, modify, alter, reproduce, reverse engineer, or enhance NutriciaStore’s Intellectual Property nor do any act that would or might invalidate or be inconsistent with NutriciaStore’s rights to its Intellectual Property.
3. The provisions of this clause16 will survive any termination or expiry of these Terms and Conditions.

NutriciaStore respects Customer privacy and is committed to managing and protecting personal information. For more information or to view the NutriciaStore privacy policy, please visit here

1. The provisions of this clause16 will survive any termination or expiry of these Terms and Conditions
2. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand and any courts competent to hear appeals from those courts.

1. NutriciaStore may amend these Terms and Conditions on notice to the Customer. Any Purchase Order submitted after such notice will be deemed to be acceptance of the updated Terms and Conditions. No amendment or variation of these Terms and Conditions proposed by the Customer is effective unless it is in writing and signed by both parties.
2. The Customer must not assign its rights or obligations under or in connection with these Terms and Conditions without the prior written consent of NutriciaStore.
3. The rights, powers and remedies provided for in these Terms and Conditions are in addition to, and do not limit or exclude (or otherwise adversely affect), any right, power or remedy provided to the parties by law.
4. These Terms and Conditions, the Purchasing Policy and the relevant Purchase Order together constitute the entire agreement of the parties concerning their subject matter, and supersede and cancel any previous representations, agreements, understandings or arrangements (whether written or oral) between the parties in relation to that subject matter. Any catalogues, leaflets, promotional material and other documents supplied by NutriciaStore are supplied only for information purposes and do not alter or vary these Terms.
5. A waiver of any breach of these Terms and Conditions or of any right, power or remedy under, or in connection with, these Terms and Conditions (including a right of termination) is not effective unless that waiver is in writing and is signed by the party granting the waiver. A failure to exercise, a delay in exercising, or a partial exercise of, any right, power or remedy under, or in connection with, these Terms and Conditions does not operate as a waiver of such right, power or remedy. A waiver of any breach is not, and is not deemed to be, a waiver of any other or subsequent breach.
6. If any provision of these Terms and Conditions is illegal, invalid or unenforceable then:
   1. where that provision can be modified to give it a valid and enforceable operation of a partial nature, it must be modified to the minimum extent necessary to achieve that result; and
   2. in any other case, the provision must be severed from these Terms and Conditions, in which event the remaining provisions of these Terms and Conditions operate as if the severed provision had not been included.
7. Notices or other communications given by one party to the other in connection with these Terms and Conditions are to be in writing and sent by personal delivery, post or electronic mail to the address of the relevant party as notified to the other party from time to time. Any notice or other communication is deemed to be received and sufficiently served if:
   1. personally delivered, on receipt;
   2. posted by pre-paid official postal service, on the fifth Business Day after posting; and
   3. if sent by electronic mail, on the on the date and time at which it enters the recipient’s information system (as shown in a confirmation of delivery report from the sender’s information system, which indicates that the email was sent to the email address of the addressee notified for the purposes of this clause 27.7).
8. In this Agreement:
   1. a reference to approval, agreement or confirmation means approval, agreement or confirmation in writing at the relevant party’s discretion;
   2. when a thing is required to be done or money required to be paid under these Terms and Conditions on a day that is not a Business Day, the thing must be done or the money paid on the next Business Day;
   3. all currency amounts are in New Zealand dollars unless expressly stated otherwise; and
   4. in the event of an inconsistency between these Terms and Conditions and a Purchase Order, unless expressly agreed otherwise in writing, these Terms and Conditions will prevail to the extent of the inconsistency.