Terms and Conditions of Sale
MYRIAD PHARMACEUTICALS Limited (“MYRIAD”)
Terms and Conditions of Sale ("Sales Terms")
In these terms:
(1) “you”, means anyone who visits or uses this website
(2) "Order" means an offer made by you in response to an invitation to treat made by us on the website.
(3) “third party” includes any agent or contractor of us or of any of our related bodies corporate, and any person engaged by any us, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website.
We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. We recommend you review the terms for amendments each time you use the website and before placing any Order. By continuing to use this website after such publication, you agree to be bound by these Sales Terms as revised. Any changes to these Sales Terms will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party. You should therefore periodically visit this page to determine the current Sales Terms.
- Guests and Registered Users
(2) To become a member of the website, you must upon request provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer Team – 09 570 4025.
(3) You will receive an email from us immediately after you create your membership account. If you have not received such an email within 24 hours, please contact our Customer Team – 09 570 4025.
(4) We only permit one membership registration per email address.
(5) You must not use another member's account.
(6) You must keep your password secure and you are responsible for any activity using your membership. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password.
(8) We reserve the right to terminate a member’s account immediately without notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.
3. Product Offers and Orders
(1) This website and the information on it constitute an invitation to treat and not an offer to sell or supply products.
(2) We will advertise each item of the goods described in this website ("Offer Goods") for sale until the date specified in the relevant advertisement, or if the Offer Goods have not been advertised in an advertisement, until such time as the Offer Goods are removed from this website ("Offer Period"), for a price not greater than the price specified in this website for that item ("Offer Price"), subject to these Sales Terms.
(3) Please refer to our Returns Policy regarding returning online orders. We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order. Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Sale Terms.
(4) You and we may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
- (i) placing an electronic Order for the products using the website;
- (ii) you confirming the Order details in accordance with the procedure on the website;
- (iii) you making payment in full (plus any applicable delivery charges) on the website; and
- (iv) our acceptance of that offer in accordance with these Sales Terms.
(5) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the products only when:
- (i) all requirements set out in these Sales Terms have been met;
- (ii) the electronic instruction containing the offer from you enters and is recorded in our database;
- (iii) a record is created and stored in our database; and
- (iv) we receive in our account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(6) You acknowledge that:
- (i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either party’s control including, but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
- (ii) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
- (iii) we may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
- (iv) we may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(7) You will receive an email from us immediately after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Team - 09 570 4025.
(8) If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(9) We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
(10) We endeavor to ensure that any representations made about stock availabilities are accurate to the last known stock level. You acknowledge that stock availabilities are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.
(11) We will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from us.
(12) Product prices on our website may differ from our store prices. Please note if we are running a sale on products on our website, this price may not be available in store.
(13) If a price for a product is listed with no price or at a price far below or above market value, without reasonable cause, it is likely this is an IT or website error and you agree that we will not honour this as a legitimate payment for the product and you accept that you will pay the correct list price for this product (determined by MYRIAD PHARMACEUTICALS LTD) on correction or accept a full refund of the incorrect price originally paid.
(14) All products are subject to a maximum of 6 months warranty, unless stated otherwise. Warranty period starts from the original date of sale. MYRIAD will not accept return of and/or issue any refund for purchases made other than through our Website, or purchased from an authorised MYRIAD retailer. Products purchased through an authorised MYRIAD retailer must be returned and refunded through the location from at which the products were purchased and proof of purchase shall be provided in all circumstances.
(15) For hygiene reasons, if there is an error with your e-liquid order (wrong flavour/strength) you must keep the bottle sealed and notify us within 48hrs of receipt. If we are not notified within 48 hours of receivership or if the bottle is un-sealed and/or opened, it is assumed you have accepted the error and do not wish to have the e-liquid replaced by your original order.
- Order Enquiries
If you have any query about the progress of your Order please contact the Customer Team – 09 570 4025. Please have your Order number handy as shown on the email confirmation.
(1) Prices shown are in New Zealand dollars and include GST where applicable. Prices do not include any costs associated with set-up or installation, which shall be your responsibility. Prices may not include delivery and handling charges. We may vary any prices on this website at any time without notice to you.
(2) Each published saving in respect of a product is by reference to the recommended retail price of the manufacturer or our normal ticketed price.
(3) We do not represent that any product offered via the MYRIAD website will be offered by or available from any MYRIAD retailer, or at all.
(4) Images of products shown without any advertised price beside that image are not offered for sale.
(5) Unless otherwise stated, any accessories, shown in any image of products are not included in the price.
(6) We reserve the right to correct any errors.
(1) All payments must be made by you in full.
(2) Payments must be made via the Shopify secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees (if any) at the time the products are dispatched.
(3) The website employs the latest in Secure Sockets Layer technology from the TNS secure payment gateway to secure our payment systems. Shopify is a tier-one PCI DSS compliant payment gateway.
(4) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or TNS account is fraudulently used or is used in an unauthorised manner.
(5) If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
- Supply and Delivery
(1) Subject to your compliance with these Sales Terms and our acceptance of your Order, we will sell and supply the products to you as shown on your Order confirmation.
(2) Products may not be available for immediate delivery. We will endeavour to deliver your Order to the address you nominate in your Order within ten (10) days of the date you placed your Order.
(3) Extremely popular or rare products may not be in stock and will be required to be ordered. You acknowledge and agree that your Order for any item that is in popular demand or a rare product not currently in stock may take up to ten (10) weeks to be delivered to you from the date you placed your Order. This timeframe is the average manufacturing lead time required by suppliers. We will contact you on or about the time we receive your Order to notify you of the indicative delivery date and ask if you would prefer a refund or replacement product of equal value.
(4) When you complete your Order you will be prompted to select an address for delivery.
(5) Other than in respect of Orders for regional or remote areas, if we give you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order due to lack of stock you may cancel your Order without charge, and we will, upon request to the Customer Team, arrange for a full refund of any payment made by you for that Order to be processed.
(6) Delivery times may be greater than 10 business days for regional or remote areas.
- Delivery by Post or Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specified address.
(2) The delivery address must be an address within New Zealand and cannot be a freight forwarding location.
(3) On receipt of your Order, your Order will be dispatched to you to your specified delivery address generally within 10 business days of the date you placed your Order.
(4) If you Order large or bulky items, we will contact you by telephone or email to arrange with you a suitable time for delivery.
(5) You will be required to be available in person to accept all deliveries.
(6) If you wish to change the delivery date or delivery address you must let the Customer Team know at or before 2:00pm on the date you place the Order.
(7) We will use our best endeavours to deliver your Order within any stated timeframes for dispatch; however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(8) You must advise at the time you place your Order via the website, or later when you discuss delivery with us, of any difficulties that may be involved in the delivery (such as remote rural locations, restricted access, stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location, or a rural location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
(9) We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.
(10) If you select ‘Overnight Delivery’ or ‘Saturday Delivery’ option, and after receiving your Order, we determine we are unable to deliver your Order at the scheduled time (for whatever reason), we will contact you by phone or email to arrange an alternative time for delivery.
- Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you when your order is received by the Courier Company.
- Damaged Products and Acceptable Quality
(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have: (a) legal rights and remedies under the New Zealand Consumer Guarantees Act 1993 (“CGA”); or (b) the right to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2) Please refer to our Returns Policy for more information on our policy regarding online orders when you have changed your mind or the product was not what you expected.
(3) If your Order arrives damaged or is not of acceptable quality, please contact the Customer Team – 09 570 4025.
- Privacy and Personal Information
(2) We or our third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our Customer Team. Personal information may include your name, residential or postal address, telephone number and email address.
(3) We and our related bodies corporate and our third parties may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that we and any of our third parties may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that we consider may be of interest to you. If you would prefer not to receive promotional or other material from us or our third parties, please let our Customer First Team know. You also agree that we may contact you by telephone to arrange delivery or collection of your Order.
- Disclaimer and Indemnity
(1) To the extent permitted by law, we and each of our related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
- (a) errors, mistakes or inaccuracies on the website;
- (b) you acting, or failing to act, on any information contained on or referred to on the website or any linked website;
- (c) personal injury or property damage of any kind resulting from your access or use of the website;
- (d) any unauthorised access to or use of the websites secure servers;
- (e) any interruption or cessation of transmission to or from the website;
- (f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; or
- (g) the quality or fitness for any purpose of any product or of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, we and our third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, us and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Sales Terms.
(4) Nothing in these Sales Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Sales Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Sale Terms.
- Force Majeure
We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption relating to the Internet, electricity supply, bank payment systems or postal deliveries.
- Transfer and Assignment
If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.
Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.
- Applicable Laws
This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.
The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.