- “Domhealth” shall mean Dominion Chemicals (1998) Limited trading as Domhealth, or any agents or employees thereof.
2. “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Domhealth.
3. “Products” shall mean:
3.1 all Products of the general description specified on the front of this agreement and supplied by Domhealth to the Customer; and
3.2 all Products supplied by Domhealth to the Customer; and
3.3 all inventory of the Customer that is supplied by Domhealth; and
3.4 all Products supplied by Domhealth and further identified in any invoice issued by Domhealth to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
3.5 all Products that are marked as having been supplied by Domhealth or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Domhealth; and
3.6 all of the Customer’s present and after-acquired Products that Domhealth has performed work on or to or in which goods or materials supplied or financed by Domhealth have been attached or incorporated.
3.7 The above descriptions may overlap but each is independent of and does not limit the others.
4. “Products” shall also mean all products, goods, services and advice provided by Domhealth to the Customer and shall include without limitation the manufacture and supply of human and animal products and all charges associated with the supply of Products by Domhealth to the Customer and all charges for time and attendances, hire charges, insurance charges, or any fee or charge associated with the supply of Products by Domhealth to the Customer.
5. “Price” shall mean the cost of the Products as agreed between Domhealth and the Customer and includes all disbursements.
Our website policies are designed with you, the customer, in mind to ensure that your online shopping experience with Domhealth Ltd will be secure, prompt, efficient and hassle-free. As far as possible our online policies are consistent with our in-store company policies and procedures.
Terms of Sale
This website (“site”) is operated by Domhealth Ltd (referred to in these terms of sale as “we”, “us or “our”). These terms of sale apply to your purchase of products via our site.
When you register for an online account.
- When you contact us to enquire about this site or any of our products or services.
- Through your use of this site and the services and functionality offered through it.
We will only use personal information about you for the following reasons:
- To create an online account for you.
- To record and process your orders.
- To add to our database so we may inform you of specials, promotions, offers and events via email or post.
- To improve the products and services we offer through this site.
- To respond to your queries.
- Any other reasons which we may notify at the time the information is collected.
We may share your personal information:
- To our group companies or service providers (e.g. in order to store the information).
- Where the disclosure is in connection with one of the purposes for which the information was collected (e.g. to courier companies to enable deliveries).
- Where we are required or authorised by law to make disclosure.
Except as provided above, we will not share your personal information with any other third parties.
Retention and Security
We will not hold your personal information for longer than is required for the purpose(s) for which it was collected.
We will ensure that security safeguards protect the information and we will take all reasonable steps to ensure that information will not be disclosed to any unauthorised person or organisation.
Access and Correction
We will take all reasonable steps to ensure that personal information held by us is accurate and up-to-date. You are entitled to obtain from us confirmation as to whether or not we hold personal information about you and you are entitled to reasonable access to this information. You may also request:
- That we correct this information if it is inaccurate; and
- That your details do not appear on our database.
You can make changes to your personal information on the “My Account” page or by contacting us using the “Contact Us” page on this site.
Domhealth Ltd is conscious of the need for privacy and security for your Internet shopping experience. We use secure SSL technology.
When you register your email address with us, if you choose to, you go on a list to receive email announcements about products, offers and promotions from us.
Every email message we send includes an email address to which you can respond. If at any time you decide you do not want to receive our emails, simply click the unsubscribe link at the bottom of the newsletter. If you unsubscribe you will continue to receive emails specifically related to your online orders.
Orders and Delivery
An order made via this site (“order”) is an offer to purchase one or more products. When we receive a valid order from you, we will accept this offer by confirming via email that we have received and are processing the order.
We will deliver the products set out in your order (“products”) almost anywhere in New Zealand. We do not deliver outside New Zealand, however, an overseas order may still be placed with a New Zealand delivery address. Delivery is made by courier.
We endeavour to deliver all products within a reasonable timeframe after confirming receipt of the order. If we are not able to supply the products or there is likely to be a significant delay in making delivery (e.g. because the product is out of stock or the delivery is to a rural/remote location*), we will notify you as soon as reasonably possible after we become aware of this, in which case you may cancel the order (or any part of it) and you will receive a refund (including the applicable delivery charges) in respect of those products which will not be delivered (if any). We will not otherwise be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the products not being delivered within the anticipated delivery time.
The anticipated delivery charges (if applicable) will be notified to you when you complete the order, although in some cases the actual delivery charges may be higher (e.g. if the products are large/heavy or delivery is to a rural/remote location). We will notify you if the actual delivery charges are higher than those anticipated, in which case you may cancel the order (or any part of it) prior to delivery and receive a refund (including the applicable delivery charges) in respect of the cancelled order.
* For large/heavy items, the delivery charge (if any) will be notified to you. Please also note that deliveries to the Outer Islands (Chatham Island, Stewart Island, Kawau Island, Waiheke Island, Matakana Island, Great Barrier Island and d’Urville Island) may incur additional costs.
* Special offer periods may apply.
We stand by the quality of our products and we make things right if you are not satisfied with your purchase. However, no claim relating to products will be considered unless made within seven (7) days of delivery.
To return products please contact us on [email protected], including details of your purchase and why you wish to return the product(s).
The risk of any loss of, or damage to, the products will pass to you on delivery.
The prices for the products listed on this site are in New Zealand dollars and exclude GST until checkout, but do not include any delivery charges (if any). We endeavour to ensure that all prices listed on this site are current. Domhealth Ltd reserves the right to amend or rectify any errors in pricing or product specification within 24 hours of being notified of it or after an order has been processed.
Intellectual Property Rights
All intellectual property on this site, including without limitation any trade marks, text, graphics and copyright, is owned by us or our content suppliers. We are the exclusive owner of all rights in the compilation, design and layout of this site.
Right to Use Site and Content
You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site.
You may reproduce, copy and distribute the content of this site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of the Company’s rights in the relevant content. You may not reproduce, copy or distribute the content on this site for any other purpose of in any other way without the Company’s prior written consent.
If you wish to link to any part of this site, you must get the Company’s prior written consent.
Please ensure that any information that you provide when creating an account with us on this site is correct, complete and up-to-date and please advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information.
You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
We endeavour to ensure that any content will be current, accurate or complete when you access it. However, we will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.
This site may from time to time contain content provided by third parties and links to third party sites. This is provided for your convenience only and we are not responsible for any third party content on our site or any site to which our site contains links. The inclusion of any such content or link does not imply our endorsement or approval of any linked website or any association with its owners or operators.
You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this site. We may change the content on this site at any time without prior notice.
We will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.
Consumer Guarantees Act
If the products are subject to the New Zealand Consumer Guarantees Act 1993 (“CGA”), you may have statutory rights and remedies which are not excluded nor limited by the above provisions unless you are acquiring the products for business purposes, in which case all of the above exclusions and limitations will apply and the CGA will not apply.
1. The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Domhealth which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Domhealth, Domhealth’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
2. Except as otherwise provided by clause 9.1 Domhealth shall not be liable for:
2.1 Any loss or damage of any kind whatsoever, arising from the supply of Products by Domhealth to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products provided by Domhealth to the Customer; and
2.2 The Customer shall indemnify Domhealth against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Domhealth or otherwise, brought by any person in connection with any matter, act, omission, or error by Domhealth its agents or employees in connection with the Products.
3. If, contrary to the disclaimer of liability contained in these terms and conditions of trade, Domhealth is deemed to be liable to the Customer, following and arising from the supply of Products by it to the Customer, then it is agreed between Domhealth and the Customer that such liability is limited in its aggregate to $500.00.
Consumer Guarantees Act
The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Products from Domhealth for the purposes of a business in terms of section 2 and 43 of that Act.
Jurisdiction and Governing Law
This site and its content is made available for the purposes of shopping online with Domhealth Ltd and providing information about Domhealth Ltd products.
Reproduction of the images and text on this site for any other purposes is prohibited.
All images and textual content on this website is copyright © Domhealth Ltd