Terms & Conditions
When it comes to business, we don’t live by the ‘she’ll be right’ attitude. That’s why we’ve put together a few simple terms and conditions that’ll protect you and us, in the unlikely event that something goes wrong.
Now for the serious stuff:
The T’s and C’s as outlined on this page serve to regulate and demonstrate the business relationship between ‘you’ and ‘us’.
By using our website, or by buying from us, you agree to be bound by these terms and conditions.
Note: If you are under 18, please ask an adult to complete your purchase. No person under the age of 18 may purchase goods from us.
On this page:
Definitions for this agreement
Our contract with you
Information and security
Price, payment and GST
Dispatch and delivery
Cancellations and returns
Foreign taxes, duties and import restrictions
Our content and intellectual property rights
Your email address
Your content (material)
Website system security
Acceptable use policy
Comments and questions
1. Definitions for this agreement
With terms and conditions, comes a little bit of jargon. Here are the definitions we’ll be using in this agreement.
Any person or business contracted by us, to carry goods from us to you. Whether that be all or part of the distance.
Any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
The entire computing hardware and software installation that is or supports our website.
Any of the goods we offer for sale on our website.
Any of the goods we offer for sale on our website.
Content of any sort posted by you on our website.
Capes Medical Limited
122 Newton Street
Mount Maunganui 3116
A visitor to our website and/or our customer.
2. Our contract with you
1. So far as the context allows, to you as a visitor to our website. And
2. in any event to you as a buyer or prospective buyer of our goods.
3. Our contract is made when we accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
4. We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order goods.
5. Unfortunately, we cannot guarantee that goods advertised on our website are available.
6. If we do not have all the goods you ordered in stock, we will offer you alternatives. If this happens you may:
- Accept the alternatives we offer
- Accept part of your order and receive backorder when due
- Cancel all or part of your order
7. If in future, you buy goods from us under any arrangement which does not involve your payment via our website, these terms still apply.
8. If we owe you money on account of your cancellation, we will credit your card as soon as reasonably possible but in any event, no later than 30 days from the date of the cancellation of your order
3. Information and security
1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
2. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
4. We reserve the right to refuse you access to our website.
4. Price, payment and GST
1. We do our best to keep our website and catalogue prices updated and accurate however it is possible that the price may have increased from that published. Where possible, we will not send your order until you have confirmed that you wish to order the item(s) at the new price.
2. Banking charges by the receiving bank on payments made to us will be borne by us. All other charges relating to payment in a currency other than New Zealand Dollars will be borne by you.
3. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
4. Our prices include New Zealand Goods and Services Tax (GST). If your delivery address indicates that you reside outside New Zealand, then we will deduct GST at the time of payment or refund to you the amount charged as GST.
5. Dispatch and delivery
1. Deliveries will be sent by a courier to the address outlined in your order. You must ensure that someone is present to accept your delivery. If someone is not present to accept the delivery, a card to call will be left and you will need to follow the instructions to retrieve your package.
2. We may deliver the goods in instalments if they are not all available at the same time for delivery.
3. Goods are sent at our risk until signed for by you (or by any other person) at the address you have provided to us.
4. We will send you a message by email to tell you when we have despatched your order. Learn more about shipping and delivery
6. Cancellations and returns
1. As required by the Distance Selling Regulations, details of our after-sales service and guarantees (if any) are provided on our website.
2. If you cancel your order before we have sent the goods, we will refund to you the price of the goods and the cost of delivery, if any.
3. If you cancel after we have despatched the goods, we will refund the price of the goods only.
4. The option to cancel your order is not available if the goods are:
- Made or altered to your specification
- Shrink wrapped or otherwise sealed
5. If you cancel your order after we have despatched the goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the goods have been used, worn or damaged.
6. You are responsible for the cost of returning the goods to us.
7. To assist us in identifying your goods returned to us, we ask you to telephone 0800 18 19 19 or email firstname.lastname@example.org for a returns reference to be placed below our address / returns label.
8. If you fail to return the goods within 14 days, we are entitled to arrange for their collection. If we do we shall require you to repay us the cost of collection.
9. We will refund your money within 30 days.
10. This paragraph does not affect your rights in the event that the goods are faulty. Learn more about returns
7. Foreign taxes, duties and import restrictions
1. If you are not in New Zealand, we have no knowledge of, and no responsibility for the laws in your country.
2. You are responsible for purchasing goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
8. Our disclaimers
1. We or our content suppliers may make improvements or changes to our website, the content, or to any of the goods, at any time and without advance notice.
2. You are advised that content may include technical inaccuracies or typographical errors. This is inevitable with any large website. We would be grateful if you bring to our immediate attention, any that you find.
3. We give no warranty and make no representation, expressed or implied, as to:
- The adequacy or appropriateness of the goods for your purpose
- The truth of any content on our website published by someone other than us
- Any implied warranty or condition as to merchantability or fitness of the goods for a purpose other than that for which the goods are commonly used
- Compatibility of our website with your equipment, software or telecommunications connection
4. Our website contains links to other internet websites outside of our power and control. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of goods.
6. In any event, including the event that any term or condition or obligation on our part (“implied term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
7. The above two sub paragraphs do not apply to a claim for personal injury.
9. Our content and intellectual property rights
1. We will defend the intellectual property rights in connection with our goods and our website, including copyright in the content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
2. We also claim copyright in the designs and compilation of all content of our website. Title, ownership rights, and such shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
3. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
4. You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
5. Subject to the other terms of this agreement, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content.
10. Your email address
1. You represent that any username or email address selected by you (when used alone or combined with a second or third level domain name) does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
2. You acknowledge and agree that if we believe such selection does interfere with the rights of any third party (or is being selected for any unlawful purpose), we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
3. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
11. Your content (material)
1. If you post any material to our website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
2. You agree that if you do post any material on our website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that material in any way whatever, throughout the world in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your material.
3. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
4. You represent and warrant that:
- You own the rights to all of the material that you post
- Any fact stated in your material is accurate
12. Website system security
1. We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted.
2. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our website.
3. You may not use any software tool for the purpose of extracting data from our website.
4. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
13. Acceptable use policy
As a condition of your use of our website, you agree to comply with these provisions:
1. You will not use or allow anyone else to use the website to post or otherwise publish:
- Copyright works.
- Commercial audio, video or music files.
- Material which violates the law of any established jurisdiction.
- Unlicensed software.
- Software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing.
- Links to any of the material specified in this paragraph.
- Pornographic Material.
- Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
2. You will not use the Services for spamming, where spamming includes, but is not limited to:
- The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients.
- The sending of junk mail.
- The use of distribution lists that include people who have not given specific permission to be included in such distribution process.
- Excessive and repeated posting off-topic messages to newsgroups.
- Excessive and repeated cross-posting.
- Email harassment of another internet user, including but not limited to, transmitting any threatening, libellous or obscene material, or material of any nature which could be deemed to be offensive.
- The emailing of age inappropriate communications or content to anyone under the age of 18.
You agree to indemnify us against any claim or demand (including reasonable lawyers’ fees) made by any third party due to (or arising in any way out of) your use of our website, your posting any material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
15. Miscellaneous provisions
1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
3. Nothing in this agreement (or on our website) shall confer on any third party any benefit or obligation.
4. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
5. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time. Nor shall any delay in exercise of any power or right be interpreted as a waiver.
6. In the event of a dispute arising out of (or in connection with) these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
7. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
8. This agreement shall be governed by and construed in accordance with the law of New Zealand. This agreement shall not be governed by the United Nations convention on contracts for the international sale of goods, the application of which is hereby expressly excluded.
16. Comments and questions
If you have a comment or question relating to our terms and conditions please contact us or call 0800 18 19 19.