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Terms of Use

 

  1. Background

 

  • The following terms and conditions govern the website www.ketekoha.com and the use of the Website by any person.
  • The Website is owned and operated by Cali-Ora Limited, a company duly incorporated in, and existing under the laws of, New Zealand.
  • Through the Website, we provide you with Products for sale, subject to these Terms.
  • You should read all of these Terms carefully. By using, accessing or placing an Order through the Website you agree to be legally bound and to abide by these Terms. If you do not agree with any of the Terms, do not use the Website or place an Order.

 

  1. Definitions
  • In these Terms:

Consumer Law’ means the consumer laws of New Zealand from time to time, including that set out in the Fair Trading Act 1986, Consumer Guarantees Act 1993 and the Contract and Commercial Law Act 2017.

Force Majeure Event’ means, an event or circumstance which is beyond the reasonable control of and not caused by the affected party, including any act of God or natural disaster, strike, lock out or other industrial disturbance by or amongst employees of a person (excluding the affected party), act of public enemy, or declared or undeclared war or threat of war, or terrorist act, blockade, revolution, sabotage, epidemic, riot, insurrection, civil commotion or public demonstration, but does not include lack of funds or any event or circumstance which could have been avoided by the exercise, by the affected party, of good industry practice.

Order’ means an order for the purchase of Products through the Website.

Personal Information’ has the meaning given to it by the New Zealand Privacy Act 1993

Products’ means any products made available for purchase through the Website, and where the context requires, shall be interpreted in the singular, ‘Product’

Terms’ means these terms and conditions, as varied from time to time

User Account’ refers to an individual’s unique Kekekoha customer account

We’, ‘us’ or ‘our’ means Cali-Ora Limited, a company incorporated in New Zealand, company number 6813756

Website’ means www.ketekoha.com

You’, ‘your’ or ‘user’ refers to the individual using the Website, together with their respective related bodies corporate, employees, agents and representatives and those of their related bodies corporate

 

  1. Orders
  • You must be at least 18 years old to purchase any Products through the Website.
  • An Order that is submitted by you is an offer to purchase Products at the price advertised on the Website at the time that the Order is submitted (plus any other charges payable by you). It is subject to our acceptance and the availability of the Products. We do not warrant or guarantee the availability of any of the Products.
  • By placing an Order, you represent that you are of sufficient legal age and, where applicable, of sufficient authority within your organisation, to create binding legal obligations for any liability you or your organisation may incur as a result of you placing the Order.
  • Where you have a User Account, you are required to keep your password to your User Account safe and confidential and you shall be deemed responsible for any Order placed through your User Account.
  • We are under no obligation to accept an Order. We will be deemed to have accepted an Order when or if you receive an email receipt for the Order. We may decline to accept an Order or we may cancel an Order, in our absolute discretion, including without limitation, if:
    • you fail to pay any sum payable by you in relation to the Order, in full or in part;
    • the Products are unavailable;
    • there is an error in the price or description of the Products;
    • there is an error in the Order you have submitted; or
    • we believe you are in breach of these Terms.

 

  1. Price and payment
  • Unless stated otherwise, all prices shown on the Website are in US dollars, and includes delivery costs (unless stated otherwise) but excludes import duties, merchant fees, or other applicable taxes or local or foreign charges.
  • You must pay for an Order in full on checkout. We only accept payment by debit or credit card or PayPal. We reserve the right to refuse payment by any particular debit or credit card or PayPal account. We will not deliver the Products until we have received payment for the Order in full.
  • If, for whatever reason, you have overpaid on any Order we will use all reasonable endeavours to refund the difference to you as soon as possible. Please notify us if you think that you have overpaid on an Order. You will find our contact details in your email receipt.
  • If you sign-up for any subscription services through the Website, you acknowledge and agree that you will be charged an initial payment and then monthly thereafter until the subscription service is cancelled, expires or is otherwise terminated. This clause shall be sufficient authority for us to deduct payments accordingly.

 

  1. Shipping and delivery
  • We will ship an Order to the shipping addresses nominated by you in the Order. We do not accept responsibility for any errors in shipping attributable to errors in the Order on your part.
  • Delivery will be deemed to have occurred when the Products have been left at shipping addresses stated in the Order. Risk in and title to the Products will pass to you on delivery.
  • Any timeframes for delivery stated on the Website or in relation to any Order are estimates only. While we will endeavour to deliver an Order within any timeframes stated on the Website, we do not provide any guarantee that an Order will be delivered within any such timeframe and any such delay does not therefore constitute a breach or failure on our part.
  • If, for whatever reason, it comes to our attention that an Order may not be delivered within the estimated timeframe for delivery, at our discretion we may notify you of such delay and allow you the option to cancel the Order. Should you elect to take up such option, we will refund all sums paid by you for the Order and we will use all reasonable endeavours to refund the same as soon as possible following cancellation.
  • We only ship to addresses in the USA. We do not provide any guarantee that we can or will deliver to any particular address. This is notwithstanding anything stated on the Website from time to time.
  • If, for whatever reason, we cannot ship the Order to your nominated shipping address, we will notify you of such issue and allow you the option to nominate a different shipping address or cancel the Order. It is at our discretion to offer both or either option. Should you elect to take up such option to cancel the Order, we will refund all sums paid by you for the Order and we will use all reasonable endeavours to refund the same as soon as possible following cancellation.
  • Any unclaimed or undeliverable shipments will be returned to us. We will notify you of such issue and arrange for the Order to be re-delivered without any additional delivery costs. Should the Order again (on any one or more occasion) be unclaimed or undeliverable, we reserve the right to charge you for additional delivery costs in relation to any return and/or re-delivery of the Order.
  • You are required to notify us if you believe that any Products have been lost or damaged in transit, are faulty or defective, or do not otherwise meet your expectations. Except where you believe that the Products have been lost, you must include photo evidence and the serial number of the KeteKoha box (located at the bottom of the KeteKoha box). We will use all reasonable endeavours to make enquiries or claims with the shipping company and any other third parties as may be appropriate. If, in our absolute discretion, we are satisfied that the Products have been so lost or damaged, or are otherwise defective, we will allow you the option to receive a replacement or full refund. It is at our discretion to offer both or either option. Should you elect to take up such option for a full refund, we will refund all sums paid by you for the Order and we will use all reasonable endeavours to refund the same as soon as possible following cancellation. If you have not notified us of any such loss, damage, fault or defect within seven days of delivery, you will be deemed to have accepted the Products, subject only to any warranties or your rights under Consumer Law.
  • You are responsible for any matters arising at customs, including any customs handling costs. Notwithstanding anything set out in these Terms, we do not accept any responsibility for any damage to the Products or delay in delivery attributable to customs related matters.

 

  1. Returns
  • Some of the Products are perishable or may have been procured from suppliers specifically to fulfil your Order. It is not appropriate for us to accept returns for those Products. To enable consistency amongst our systems, it is our general practice that we do not accept returns for any Products, however we reserve the right in our absolute discretion to accept returns on a case by case basis.
  • Where an Order is a corporate or custom order (as described on the Website from time to time), the Products shall not be eligible for returns under any circumstance.
  • Notwithstanding the above, we will meet our obligations in relation to returns under Consumer Law.

 

  1. Conditions of use of the Website
  • As a condition of using the Website, you agree, warrant and undertake as follows:
  • Not to use the Website, its contents and information for any unauthorised commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by these Terms.
  • That any information you provide to us (including Personal Information) is submitted for a proper true purpose and is true, complete and accurate and that you are authorised to provide us with such information.
  • That you will not introduce any malware (including but not limited to any virus, worm, spyware or adware) to the Website or any of our related systems.
  • That you have not relied on any representation, warranty or agreement relating to the Products or the Website that is not expressly set out in these Terms.
  • We reserve the right to change the limits on your activity and / or functionality in the Website at any time and you shall comply with any such limits imposed.

 

  1. Indemnity
  • To the fullest extent allowed by law, you agree to indemnity us, our agents and employees against:
  • any loss or damage (including consequential loss or damage and any legal costs and expenses) sustained by us arising from incorrect or misleading information provided by you;
  • any claim or demand made by any third party due to or arising out of or in connection with your breach of these Terms or your infringement of any rights of a third party;
  • any direct or indirect loss suffered by you or any other person or third party in relation to your use of the Website or any Order placed by you, including without limitation, any loss suffered as a result of the unavailability of any of the Products, any delay in delivery, or any error or misdescription on the Website; and
  • any direct or indirect loss or damage suffered by you or any other person or third party in relation to an allergic reaction to any Product purchased by you.
  • Without limiting clause 8.1(d), while efforts may be made to label Products in a manner that identifies potential ingredients that are a common cause of allergic reactions, we cannot guarantee that Products are completely free of any such ingredients. In particular, there are always cross-contamination risks, and in most cases, we rely on information and packaging provided to us by our suppliers. You acknowledge that you purchase any Products in full knowledge of this and the indemnity set out in clause 8.1(d).
  • If you use this Website for business or commercial purposes, then you agree that the Consumer Guarantees Act 1993 shall not apply to your use of, or reliance on, this Website.

 

  1. Termination
  • We may, without prejudice to any other rights and remedies which we may have at law or in equity, at our absolute discretion immediately and without notice, cancel any Order or terminate any contract with you (created by virtue of these Terms or otherwise) if any of the following occur:
  • a Force Majeure Event;
  • you breach any of these Terms;
  • you die or are adjudicated bankrupt; or
  • you go into liquidation or become insolvent, or a receiver or statutory manager is appointed in respect of your assets.

 

  1. Limitation of liability
  • To the fullest extent allowed by law, we and each of our officers, employees, advisors and agents exclude all liability to you for any loss or damage, including, without limitation, liability arising in contract or tort (including negligence) which arises out of or is in any way connected with any use of this Website or with any delay or inability to use this Website, or for any information, products or services obtained through this Website.
  • In the event that this limitation of liability is held by any court of law to be included, the maximum aggregate liability to the fullest extent allowed by law, our liability will be limited to one or more of the following:
    • replacement;
    • the cost of replacement;
    • repair; and/or
    • the cost of repair.
  • These Terms are not intended to exclude liability arising under statute or applicable laws if and to the extent that such liability cannot be lawfully excluded.
  • For the avoidance of doubt, these Terms are not intended to exclude, restrict or modify any rights that you may have under Consumer Law, and where you are a consumer (for the purposes of the Consumer Guarantees Act 1993), these Terms are not intended to constitute the contracting out of the Consumer Guarantees Act 1993.

 

  1. Copyright
  • You acknowledge that all content included on the Website, including information, data, software, images, intellectual property, written materials and compilations belong to us (or our suppliers) and are our property and copyright (or our suppliers’ property and copyright).

 

  1. Privacy
  • In using the Website and placing an Order, we collect your Personal Information. Our privacy policy sets out more information on how we collect and use your Personal Information. A copy of our privacy policy is available on the Website and is deemed to be incorporated into these Terms, in the then current form from time to time.

 

  1. General
  • We assume no responsibility for any website linked to the Website. Where we have provided links to other websites, this is done only as a convenience, and the inclusion of any link does not imply the endorsement, investigation or verification of the linked site.
  • No material from this Website may be altered, modified, reproduced, transmitted or distributed other than as contemplated by the Terms, without our prior written permission.
  • We may vary these Terms at any time at our absolute discretion. Should we do so, our updated Terms will be uploaded to the Website and will apply to any Orders made from that date. You should check the Website regularly for any updates to our Terms.
  • These Terms are governed and construed in accordance with the laws of New Zealand, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand.
  • In the event of the invalidity of any part or provision of these Terms, such invalidity shall not affect the enforceability of any other part or provision of these Terms.
  • All references in the Site to “$” or “dollar” are references to US currency unless otherwise stated.
  • Termination of these Terms will not prejudice those provisions of which are intended to survive termination.