PLATINUM HEALTH — NEW ZEALAND GENERAL TERMS AND CONDITIONS
1. APPLICATION
1.1 References in this document to "us", "we" and "our" mean Platinum Closing Pty Ltd ACN 640 026 115 trading as Platinum Health Supply Group ("Platinum Health") and includes its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 (Cth), and references to "customer" and "you" mean a customer who purchases or wishes to purchase goods from us for delivery to New Zealand.
1.2 These General Terms and Conditions ("T&Cs") apply to all orders and purchases of goods ("Products") from Platinum Health for delivery to New Zealand ("Orders"). You may make an Order with us in any of the following ways:
(a) directly through our website: https://www.platinumhealthsupply.co.nz ("Website") ("Website Order"); or
(b) by email order by emailing us at customercare@phsgroup.com.au or orders@phsgroup.com.au ("Email Order").
1.3 We do not currently accept Purchase Orders or Telephone Orders from customers located outside Australia. If this changes, we will update this document.
1.4 Any Website Order or Email Order is an offer by you to purchase the Products specified in the Order for the price shown on the Website or as otherwise quoted to you at the time you place the Order, on the terms set out in this document. If we accept the Order, you and we will be parties to a contract for the sale and purchase of the Products on those terms.
1.5 By using the Website to make a Website Order, or by making an Email Order, you are deemed to have accepted these T&Cs.
2. WEBSITE AND WEBSITE ORDERS
2.1 (Ownership) Platinum Health owns the Website, and unless otherwise indicated, owns or is licensed to use all material appearing on or in the Website. You may only use the Website for lawful purposes.
2.2 (Personal Information) Any personal information you give us via the Website will be held and used by us in accordance with our New Zealand Privacy Policy, available on the Website.
2.3 (Payment) Payment for Website Orders will be collected at the time of placing the Website Order by our Website's payment gateways. Prices are displayed and charged in New Zealand Dollars (NZD). Only valid debit or credit cards or other payment methods acceptable to us may be used, and all refunds will be credited to the same payment method used for the original Order. By placing a Website Order, you represent that you are authorised to use the designated card or method and authorise us to charge your Order, including delivery costs, applicable GST and any other amounts described on the Website, to that card or method.
3. EMAIL ORDERS
3.1 (Personal Information) Any personal information you give us via an Email Order will be held and used in accordance with our New Zealand Privacy Policy, available on the Website.
3.2 (Payment) Following an Email Order, we will send you a secure payment link or invoice. Payment is due within the period stated on that invoice, or within 7 days of its date if no period is stated.
4. PRICING, GST AND STOCK AVAILABILITY
4.1 Prices displayed on the Website are current at the time of display, but we reserve the right to change prices at any time before we accept an Order.
4.2 Orders shipped to New Zealand are treated as GST-free exports under Australian tax law, and no Australian GST is charged on these Orders.
4.3 [Platinum Health's annual sales to New Zealand customers are currently below the NZD 60,000 threshold that requires registration for New Zealand GST. As a result, New Zealand GST is not currently charged at checkout, and GST and any applicable duty on your Order are instead assessed by the New Zealand Customs Service in accordance with New Zealand's low-value goods rules. / Platinum Health is registered for New Zealand GST. For Orders valued at NZD 1,000 or less, 15% GST is included in the price shown at checkout. For Orders above this value, GST and any applicable duty are assessed by the New Zealand Customs Service on arrival. Confirm which applies based on current sales volume before publishing, and update this clause and checkout pricing display accordingly.]
4.4 (Price Match Guarantee) If you find a Product offered by a competitor in New Zealand, advertised at a lower price, in stock and available for immediate purchase using the same payment method, and our team is able to verify this, we may match that price. We reserve the right to reject a price match request at any time, without reason.
4.5 (Stock availability) If a Product is not in stock, your Order will be dispatched once it is available. If only part of your Order's quantity is in stock, we will contact you to discuss delivery arrangements rather than dispatching a partial Order automatically.
5. DELIVERY AND SHIPPING FEES
5.1 We deliver Products to New Zealand using [insert carrier, to be confirmed]. Shipping costs are calculated at checkout based on your order. We do not offer free shipping on international Orders.
5.2 Estimated delivery times are calculated at checkout and provided as an estimate only. Actual delivery times may vary due to customs processing and other factors outside our control. Platinum Health accepts no responsibility for loss or damage resulting from delivery delays.
5.3 Platinum Health will not deliver Products to PO Box addresses.
6. RETURNS AND REFUNDS
6.1 We do not accept returns of Products for change of mind, incorrect selection, or Orders no longer required. Please choose carefully before placing your Order, and contact us first if you are unsure which Product is right for you. This section does not limit any right you have under the Consumer Guarantees Act 1993, which does not require a business to accept change-of-mind returns.
6.2 If your Order arrives damaged, defective, or if we have shipped you the wrong item, please contact us at customercare@phsgroup.com.au within [insert number] days of delivery, with photos of the item and its packaging.
6.3 Where the issue is a minor failure to meet a consumer guarantee under the Consumer Guarantees Act 1993, we will, at our choice, repair the Product, replace it with an identical model, or provide a refund, at no charge and within a reasonable time.
6.4 Where the issue is of a substantial character, meaning, among other things, that the Product is unsafe, significantly different from its description, or not fit for its normal purpose and cannot easily be put right within a reasonable time, you may choose to reject the Product and receive either a refund or a replacement, or keep the Product and claim compensation for the drop in value caused by the failure.
6.5 If you are entitled to a refund, it will be issued to the original payment method used for the Order. Refunds are not made to alternative payment methods or parties, and no cash refunds are provided. Refunds are typically processed within 10 business days.
6.6 Nothing in this section limits any right or remedy you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, which cannot be excluded or limited by agreement.
7. PRODUCT WARRANTIES
7.1 (General) Platinum Health or the manufacturer of a Product may provide an additional warranty. Where provided, the warranty period, provisions and the company providing the warranty will be specified on or inside the Product packaging. Any such warranty is in addition to, and does not limit, your rights under the Consumer Guarantees Act 1993.
7.2 (Manufacturer's Warranty) Some Products are backed by a manufacturer's warranty, documented in a written warranty statement supplied with the Product. To make a claim, contact us first at customercare@phsgroup.com.au. Note that manufacturer warranty support may be based in Australia, and claims may take longer to resolve than for domestic orders as a result.
8. LIABILITY
8.1 To the maximum extent permitted by law, and subject to section 6 and section 8.2, our liability to you arising from your Order or use of the Website is limited, at our option, to replacing the Product, supplying an equivalent Product, repairing the Product, or refunding the price paid for the Product.
8.2 Nothing in these T&Cs excludes, restricts or modifies any guarantee, right or remedy you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
8.3 Subject to section 8.2, we will not be liable to you for indirect or consequential loss, including loss of revenue, loss of profits, or other commercial or economic loss, arising from or connected to the Website or the Products.
8.4 Information on the Website is provided "as is" and may contain errors or inaccuracies. Photographs on the Website are illustrative only and may vary from the Products offered for sale.
9. COPYRIGHT
The content on the Website is protected by copyright. Except as permitted by law, you must not use, copy, modify, transmit, store, publish or distribute content from our Website without our prior written consent. Trademarks and logos must not be used or modified without our prior written consent.
10. HYPERLINKS
We make no representations about websites accessed through the Website that are not maintained, controlled or created by us, and we are not responsible for their content.
11. PRIVACY
To process your Order, we collect your personal information, such as your name and contact details. This is managed in accordance with our New Zealand Privacy Policy, available on the Website.
12. MARKETING COMMUNICATIONS
12.1 By placing an Order, you acknowledge that we may send you order-related communications, such as dispatch and delivery updates, by email or SMS.
12.2 Where we seek to send you marketing communications, we will do so in accordance with our New Zealand Privacy Policy. You may opt out of marketing communications at any time by using the unsubscribe link in an email, replying STOP to an SMS, or contacting us at customercare@phsgroup.com.au.
13. VARIATION
Platinum Health reserves the right to vary these T&Cs without prior notice. Variations will be published on the Website.
14. SEVERANCE
If any part of these T&Cs is unenforceable, the unenforceability does not affect any other part of them.
15. GOVERNING LAW
These T&Cs are governed by the laws of the State of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State. This does not remove any right you may have to bring a claim in the courts of New Zealand, or any protection under New Zealand's mandatory consumer protection law, where that law applies to your purchase and cannot lawfully be limited by this clause.
