You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through this website, prior to being able to obtain or participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these terms and conditions. In the event of any inconsistency between these website terms and any promotion or competition terms and conditions, the relevant promotion or competition terms and conditions will prevail.
In these terms and conditions, the expressions "we", "us" and "our" are a reference to Eternal Essence.
In addition, we do not make any representations or warranties that the information (including, but not limited to, graphic information) we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek advice before acting or relying on any information or material which is made available to you.
You may offer to purchase goods described on this website for the price specified on this website. Your order is subject to the Terms and Conditions of Sale on this website, or as subsequently described to you.
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to an error or oversight. In these circumstances, we reserve the right to cancel the transaction notwithstanding that your order has been confirmed or otherwise accepted. We will refund any purchase price to you for the product in question.
We do not accept responsibility for any loss, damage, any consequential indirect or special damage or loss of any kind whatsoever however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any link to any other website (Linked Website). Nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Nothing in this disclaimer is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993.
Nothing in this disclaimer is intended to exclude Eternal Essence's obligation under any product warranty that Eternal Essence has given. In the event of any inconsistency between these website terms and any product warranty given by Eternal Essence the terms of the product warranty will prevail.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any Linked Website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
Responsibility for the content of advertisements (if any) appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements (if any) does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(b) commercialise any information, products or services obtained from any part of this website without our written permission.
Except where otherwise specified, any word or device to which is attached the TM is the trade mark and to which is attached the ® symbol is a registered trade mark. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attrubuting that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our products or services (including this website).
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
This website may contain some hyperlinks to other third party websites. These sites have not been prepared by us and are not under our control. Those Linked Websites are provided for your convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practives associated with Linked Websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
All prices shown listed by us are in New Zealand dollars and are based on the Eternal Essence then current price list, subject to variation in accordance with the Terms and Conditions of Sale
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any other person.
Access to this website may be terminated at any time by us without notice. The provisions in these terms relating to copyright, trade mark, disclaimer, limitation of liability, Linked Websites and governing law will survive any termination.
If this website contains chat rooms, bulletin boards or any other communication forums (Forums) you agree to only use the Forums to send and receive material and messages that properly relate to the particular Forum. You agree that when accessing a Forum you will not:
(a) abuse, threaten, harass, stalk, defame or otherwise violate the legal rights of other users of the Forums;
(b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;
(c) upload files that contain information or software protected by intellectual property laws unless owned or controlled by you or used by consent of the owner;
(d) upload files that contain viruses, corrupted files, or any other software or programmes that may cause damage to the computers of other users of the Forums; and
(e) advertise, or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
You acknowledge and agree that Forums are public communications and that communications by other users are not endorsed by Eternal Essence and have not been reviewed, screened or approved by Eternal Essence.
Eternal Essence, at its sole discretion and without notice, reserves the right to remove any content from the Forums and to deny any user access to this website or any portion of it.
1.1 Our layby service is only available for New Zealand orders exceeding $100 (or as otherwised offered)
1.2 Our layby service is not available on gift vouchers
2.1 The purchase price (including delivery charges) for layby merchandise must be paid in full no later than Three (3) Months after order date:
(a) a 20% deposit will be requested to confirm your order at checkout
(b) Payments must be made at least once fortnightly
2.2 All instalments must be paid by bank deposit using your name and invoice number for reference, or by using PayPal. Please note that, in certain cases, a transaction may not be processed for up to 48 hours after the relevant date.
2.3 In order to obtain earlier delivery of layby merchandise, you may at any time choose to prepay the outstanding balance of the purchase price. We will process your order and arrange delivery as soon as we have confirmed your payment.
3. Variations and Cancellation
3.1 You may, at any time before the purchase price has been paid in full and for any reason, cancel the layby by giving to us notice to that effect. Similarly, we may cancel the layby if an instalment is not paid on the relevant date mentioned in clause 2.1 above. However, we will endeavour to contact you before doing so.
3.2 On cancellation by either you or us, we will credit you for the amount of any payments you have made, less an admin fee of $10 (being an estimate of our selling costs in respect of the layby merchandise).
3.3 You are not able to vary a layby in any way. For example, you cannot remove individual items of merchandise from a layby, add further merchandise to an existing layby, or convert an existing order into a layby. Further, we will not pass on to you any price reductions or offers which may apply to merchandise at any time after the order date.
4. Property, delivery and returns
4.1 The layby merchandise will remain our property until the purchase price is paid in full.
4.2 We will deliver the layby merchandise to you in accordance with our usual delivery policies once the purchase price has been paid in full.
4.3 For the avoidance of doubt, our usual returns policies will apply to the layby merchandise.
5. Layby sales act 1971
We will comply in all respects with the Layby Sales Act 1971.
In these Terms, "purchase price" includes, except where indicated otherwise, our delivery charges, "we", "our" and "us" means Eternal Essence and "you" means our customer.