Terms & Conditions
Acceptance of terms
These terms and conditions govern all supply of goods and services ("products") by Quantum Specialties Limited ("we", "us", "Quantum") to you, the purchaser of goods and services from us, including your use of the website at www.quantumspecs.co.nz ("the website").They are effective from 1 April 2022 and will replace all earlier Quantum Specialties Limited terms of trade and any conditions contained in any document used by you and purporting to have contractual effect. We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over. Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise). If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Delivery charges
Prices for goods and services stated on our website are exclusive of any applicable delivery charges. For orders of less than 100 capsules the following delivery charges apply:
Auckland City (excluding Waiheke Island) - $6.50
Rest of North Island - $8.50
South Island - $11.50
A total delivery cost will be provided in the order summary in your online shopping basket prior to completing checkout.
For orders of 100 capsules or more there is no delivery charge.
Pricing
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges.
All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment options
We offer two payment methods through our website:Bank Deposit/Direct Credit - you may pay directly into our bank account against the invoice we supply at the time you place your order. Note that your order will not be dispatched to you until payment into our account has been confirmed.
Credit or Debit Cards - we accept most common Credit Cards and Debit Cards through a secure payment gateway provided by eWAY. Such payments are immediate and your order will be dispatched according to our Shipping and Delivery conditions without further action required on your part.
Credit Card Security
All Credit and Debit Card payments are processed via eWAY's secure payments system which is a PCI Tier 1 Compliant Gateway. eWAY's compliance certificate may be viewed here.
Shipping and Delivery
We only deliver to New Zealand street addresses using economy courier services. We reserve the right to dispatch goods using services of our choice and to vary those services as we see fit.
Delivery will be on weekdays during normal business hours. Express and after-hours delivery are by arrangement only and may incur additional charges.
The Total Time from placing your order until you receive it is the combination of Dispatch Time and Delivery Time:
Dispatch Time - Once we have received your payment we endeavour to dispatch your goods to you within 3 working days. Dispatch times may vary since we try to keep our capsules fresh by minimising stock on hand.
Delivery Time - Varies according to location but is typically next day for the greater Auckland area, 2 days for other North Island addresses (non rural) and 3 to 4 days for South Island (non rural).
The Total Time to receive your order is therefore typically:
- 4 working days for greater Auckland
- 5 working days for the rest of the North Island
- 6 to 7 working days for South Island
Unless you specify that a signature is required, couriers will be instructed that they may leave your order at the address provided without obtaining a signature.
Courier tracking information (if available) may be sent to the email address you have supplied us with your order but is dependent on the courier service and may not always be available.
Warranty and Returns
If you are not 100% satisfied with your purchase you may return it to us for a full refund of your purchase price. You can return your product to us (freight at your expense) for up to 30 days from the date of purchase. Any product you return for refund or exchange must be received by us in its original packaging, unopened and in the same condition your received it.In the case of defective product, please advise us by email with:
- the nature of the defect (preferably attach a photo)
- the batch code(s) from the packaging
- the quantity of capsules affected
No refund or replacement will be given for capsules that have exceeded the Best By date stated on the packaging.
Product that is lost in transit or is received damaged in transit will at our option either be replaced with an equivalent shipment or refunded at your purchase price. Claims for lost shipments will not be accepted if:
- the delivery address given on your order was incorrect
- you did not specifically request a signature on delivery and the shipment has been recorded as left at the address during normal business hours
- you did request a signature upon delivery and records show the courier did collect a signature from the address stated on your order
However, in such cases we will use reasonable endeavours to assist in finding lost shipments.
Damage claims should be made to us immediately at the time of delivery, preferably accompanied by a photograph of the damage.
In any event we will meet our obligations under the Consumer Guarantees Act 1993 and seek a suitable remedy.
Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Privacy Policy and Confidentiality
Unless you opt to receive messages from us we will not contact you again in future.If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s). We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law. Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law.
We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
General Conditions
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at
www.quantumspecs.co.nz If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.