Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by Heart Place Hospital, "we, "us") to you, the purchaser of goods and services from us, including your use of the website at https://heartplacehospital.org.nz ("the website"). They are effective from 1 June 2023 and will replace all earlierHeart pLace Hospital terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept direct credit via internet banking in the account of Heart Place Hospital registered charity.
We accept the following credit cards via Stripe:
Visa, MasterCard and American Express.
We also accept payment from your PayPal account if you have one.

Credit Card Security

All payments are processed via Stripe and are subject to Stripe's terms and conditions which can be found here https://stripe.com/nz/legal/end-users

Shipping and delivery

• Orders placed on a weekday will be processed within 24hrs.
• All orders placed over the weekend or on public holidays will be processed the next working day.
• Please note we only ship to physical addresses - we do not ship to PO Boxes.

New Zealand
All orders are shipped using Post Haste or NZ Couriers and a signature will be required upon delivery. Please allow 2-3 working days for your delivery.

International

• International: Please contact us for a quote
• All overseas import costs/charges are at the expense of the customer upon receiving their order
• All international orders are shipped using New Zealand Post track and trace. Please allow 10-20 working days for your delivery.

Returns

We hope that you will enjoy all the edible products that you try, but we understand some may not be to your taste. If this happens, we would love you to gift the product to a friend or family member who may enjoy it as we cannot accept returns due to individual taste preferences.

If you receive goods from us that are damaged (this does not include broken tea leaves as this naturally happens when tea leaves are transported and doesn't affect the taste), please let us know via email at kiaora@heartplacehospital.org.nz within 10 days of the receipt of the goods. Our policy lasts 10 days. If 10 days have gone by since your purchase, unfortunately we can't offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned; these are to be indicated in the description for purchase.

All boxes and products are checked for quality before being delivered by Heart Place Hospital and their suppliers, however they may be damaged during delivery. You accept that the boxes are handed over to a third-party for delivery. Heart Place Hospital accepts no responsibility of damage made during delivery.

However, we want you to love our product so if you are unhappy for any reason, please contact us via email at kiaora@heartplacehospital.org.nz

If you are not happy with your online purchase for whatever reason, a refund or exchange will be offered on full price items only where:

• the goods are in saleable condition, with all tags still intact;
• the goods have not been worn, damaged or washed;
• the goods are returned within 10 days of purchase date;
• the original invoice as proof of purchase is provided

Items purchased on sale are classed as a final sale & as such there are strictly no exchanges or returns available.

Please note that we cannot exchange or return worn/used items.

• We do not refund original shipping charges and the customer is responsible for payment of the return postage.
• Returns or exchanges are not available on sale items, underwear & jewellery.
• Please inform us of the item you wish to return & why.
• We will then give you the details for sending the product back.
• The item must be sent back using a track and trace method, as the item is your responsibility until it reaches Heart Place Hospital.
• Once we receive your item an email will be sent to confirm your refund or new item shipping details.

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. Our payment gateway submits refund requests to your bank or card issuer immediately, however you will see the refund as a credit approximately 5-10 business days later, depending upon your bank.

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at kiaora@heartplacehospital.org.nz

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

All products are covered by the applicable consumer laws in New Zealand including the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. Check out: https://www.consumerprotection.govt.nz/general-help/ways-to-buy-and-pay/online-shopping/.

We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at https://heartplacehospital.org.nz

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.