Terms & Conditions
Online store Purchasing Terms & Conditions
These terms and conditions (Terms) apply to the entire contents of the website under the domain name ‘www.nznep.org.nz’ (Website). By viewing the pages of the Website, you agree that you have read and accepted these Terms.
The Website is owned and operated by Needle Exchange Services Trust Incorporated (NEST/we/us). If you have any comments or queries, please write to us at PO Box 22 176 Christchurch or email us at firstname.lastname@example.org. We will endeavour to respond to all queries within two working days (being any day which is not a Saturday, Sunday or public holiday).
1 Online Purchasing
1.1 NEST offers a range of core and promotional goods available via the Website.
1.3 If you choose to register an account on the Website you agree to provide true, accurate, current and complete information about yourself, as prompted by the relevant registration form(s) on the Website (including your geographical location and billing address) and to maintain and promptly update the registration information to keep it true, accurate, current and complete.
1.5 For the purpose of ordering NEST’s goods and using the online purchasing services provided by this Website, you agree that:
(a) you are responsible for the security of all passwords created by you in registering an account with NEST;
(b) you are responsible for all transactions made by you or under your name;
(c) you warrant that you are 16 years of age or over and have legal capacity;
(d) all information you provide about yourself is true and accurate;
(e) transmission on the Website of threatening, defamatory, pornographic, political or racist material or any other material that is otherwise unlawful is expressly prohibited; and
(f) use of the Website may expose you to an increased risk of fraudulent activity by any person who may be aware of your identification information or who has access to any of the components that may make up your identification information.
2 Making an Order
2.1 When you place an order with us using the Website, you are making an offer to buy goods on these Terms.
2.2 An order is placed on our Website by adding goods to the shopping cart and proceeding through our checkout process. You will be required to confirm that you are 16 years of age or older, give us delivery details, enter payment information and submit your order. Once the checkout process has been completed, you will be presented with a confirmation page with full details of your order, which you are able to print as a receipt of your order.
2.3 We will send you an order confirmation email to confirm that we have received and accepted your order, which indicates that a contract has been made between us.
2.4 In the event that the goods are no longer available, we will refund your payment to the account it originated from, including any delivery charges, and advise that the goods are no longer available.
2.5 We reserve the right to refuse or cancel any orders that we believe, solely by our own judgment, have been placed by a person who is under 16 years of age or that have been placed for commercial or resale purposes (e.g. any kind of commercial reseller) or that have been placed fraudulently. We also reserve the right to limit the number of an item customers can purchase in a single transaction.
3 Payment Options
Goods displayed on the Website can be purchased using our secure online internet banking, credit card or a debit card transaction facility.
4 Pricing and Fees
4.1 All transactions are conducted in New Zealand dollars and include GST. All prices are correct when published. Please note that we reserve the right to alter prices at any time for any reason. Unless expressly stated, sale prices are not available in conjunction with any other offer.
4.2 Standard orders will incur a $7.00 delivery fee.
4.3 Orders to rural addresses will incur a $14.00 delivery fee.
5 No Overseas Orders
NEST does not offer goods to overseas customers. Delivery information must specify an address within New Zealand.
6 Images of Goods
Every effort has been made to ensure that the images for the goods displayed on the Website are as accurate as possible. However, NEST cannot guarantee that images exactly represent actual goods or packaging. We reserve the right to change the images of goods at any time without prior notice.
7 Available of Goods
7.1 If an item has previously been available on the Website but has since sold out, you may be able to place an order using the ‘Place an Order’ function. If this backorder function is available, we will make contact with you regarding ordering the goods on your behalf.
7.2 In the event that an item is no longer available after we have accepted your order, we will contact you directly and ask if you would like a refund or if you would like to wait for stock to come in and continue with your Website order.
7.3 Orders for goods made via the backorder function, or for goods which are no longer available after acceptance, will be dispatched once stock is available.
8 Website and Credit/DEBIT Card Security
8.1 NEST wishes to ensure that you have a safe, private and secure experience when purchasing using the Website. All payments via the Website are processed using the Windcave system and related protocols.
8.2 Windcave will not store your personal information following a one-off transaction.
8.3 All orders you make with NEST will be billed to you discreetly, using the reference ‘Shop18a’. This reference will appear on your credit card and bank transactions.
8.4 To help protect your details from unauthorised access, NEST strongly recommends that, where you have registered an account on the Website, you log out each time you finish using the Website, particularly if you are doing so from a public or shared computer.
9.1 All goods shipped to you will be packaged discreetly in plain packaging, and will not include the NEST name or branding.
9.2 Goods purchased will be shipped to you by registered post/courier post once payment for your order has been received and confirmed, and once we confirm that the goods ordered by you are available. Delivery time for goods may vary. Deliveries to rural addresses may increase delivery times. We do not accept any liability for any delays in the delivery of any goods ordered through the Website.
9.3 You will receive an email, confirming that your order has been dispatched.
9.4 To ensure successful delivery, please ensure that you provide accurate details of a delivery address (including any business name if shipping to a work address) where someone will be present during business hours to sign for the receipt of your package if required. We are unable to change any delivery details once an order has been dispatched.
9.5 We will endeavour to ensure that goods are delivered to you within five working days of dispatch, or seven working days in the case of rural delivery.
9.6 If your order does not arrive within 10 to 14 working days after your received confirmation that the goods have been dispatched to you please contact us. To ensure that we are able to assist you as quickly as possible, please include your order tracking number in any correspondence.
9.7 When making an order, you may specify and consent to the order being delivered to a safe location at your address, without the need for your signature.
9.8 Parcels of goods delivered to you may also include return containers corresponding to the goods you have purchased. Please ensure that used goods are stored in the return containers provided, and returned to your nearest Needle Exchange Programme outlet.
9.9 Property and risk in goods ordered by you from us will pass to you upon delivery of the goods to your specified delivery address for the relevant order.
10 Cancelling your Order
You are able to cancel your order as long as it has not been dispatched. You will need to contact customer services by email at email@example.com to cancel your order.
11 No Refundable Returns
NEST does not operate a refund policy for returns, and any goods ordered from NEST will not be returnable except where damaged or faulty.
12 Damaged or Faulty Goods
12.1 In the instance that you:
(a) receive a faulty item;
(b) your item has been damaged in transit; or
(c) the goods you have received are incorrect,
we will reimburse you the cost to return your order to us and return a replacement back to you free of charge.
12.2 We may require you to provide an order reference and full explanation as to the damage or fault before a replacement item is dispatched to you.
13 Personal Information
13.2 Your delivery address and payment information will be provided to third parties responsible for delivering and transacting your order. NEST does not warrant or guarantee that any of your information held by these third parties will be destroyed following delivery.
14 Online Chat
14.1 NEST may host an online chat function on the Website.
14.2 You may use the online chat function to talk anonymously with NEST staff, who will endeavor to answer any questions you may have about the Website or about particular goods.
14.3 NEST will not keep a record or chat history of your use of the online chat function.
15 Accessing our Website
You agree not to disrupt, modify or interfere with the Website and its associated software, hardware and servers in any way. You also agree not to modify any content or service on the Website. Furthermore, you agree not to use our Website in any inappropriate or unlawful way.
16.1 Our Website is intended to provide general information about NEST and the goods and services we offer, including making purchases via our Website and registering on our database to receive promotional communications from us.
16.2 While we endeavour to supply accurate information on this site, errors and omissions may occur. NEST does not accept any liability to you or any third parties for any loss or damage which may directly or indirectly result from your use of the Website or your access to, or inability to access, the Website. This includes viruses alleged to have been obtained from the Website and your reliance on any advice, opinion, information, representation or omission (whether negligent or otherwise) contained on the Website. By using the Website, you agree that you are using the Website at your own risk and that you are solely responsible for the actions you take in reliance on the content displayed on, or accessed through, the Website.
16.3 NEST reserves the right to make changes to the content on the Website (including deleting or moving any of the material on the Website) at any time and without notice.
17 Intellectual Property
17.1 NEST, in conjunction with any relevant content supplier is the exclusive owner of all rights in the compilation, design and layout of the Website and all intellectual property on the Website, including without limitation any trade marks, text, graphics and copyright.
17.2 You may not copy or display for redistribution to third parties, or for commercial purposes, any portion of the Website without the prior express permission of NEST.
18 Links to other Websites
18.1 Although the Website may contain some links to other third party websites, these websites have not been prepared by NEST and are not under the control of NEST. The links are provided for convenience only and do not imply that NEST endorses, checks, or approves of the third party site. NEST is not responsible for the privacy principles or content of these third party sites. NEST is not responsible for the availability of any of these links.
18.2 NEST requires that you request our permission to include a link from another website to the Website. If you would like to request permission, please email us at firstname.lastname@example.org.
19 Limitation of Liability
19.1 Subject to the provisions of this clause, and in all cases solely to the extent permitted by law, NEST:
(a) excludes all warranties, representations and guarantees (whether express, implied or statutory) including, without limitation, as to quality, fitness for purpose, compliance with description or timeliness of delivery of, goods purchased through the Website and as to the accuracy or completeness of the Website or the content accessed through it; and
(b) will not be liable for any indirect losses or consequential damages of any kind suffered or incurred by you in connection with your use of the Website.
19.2 If you are not acquiring goods or services from NEST for business purposes, you may have rights and remedies under the Consumer Guarantees Act 1993 and other statutes, in which case the above exclusions and limitations (and any other provisions in these Terms which limit or exclude the rights and remedies available to you) will not apply to the extent that they are inconsistent with your rights and remedies under that legislation. If you are acquiring goods or services from us for business purposes, the Consumer Guarantees Act 1993 will not apply.
20 Force Majeure
NEST will not be responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which was beyond our reasonable control.
21 Governing Law and Jurisdiction
These Terms are governed by, and are to be interpreted in accordance with, the laws of New Zealand and are subject to the exclusive jurisdiction of the courts of New Zealand.
22 Changes to these Terms
NEST reserves the right to periodically alter, modify or update these Terms and recommends that you check and read these Terms regularly. By continuing to use the Website after any such amendment of the Terms, you are deemed to have agreed to the amended Terms. We may change these Terms and conditions at any time, so please do not assume that the same Terms will apply to future orders.