Terms and Conditions

OVERVIEW

This website is operated by Winyourday Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Winyourday Ltd. Winyourday Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

While Winyourday endeavours to ensure that no viruses or malicious software is contained on the Website, Winyourday makes no warranty as to your use of the Website and Winyourday will have no liability for any damage to your computer or other hardware as a result of your use of the Website.

You may not make use of any logo or trade mark displayed on the Website without the express written consent of Winyourday. You may link to the Website from any other website provided that you agree to immediately remove that link if requested by Winyourday.

The statements made on this website have not been evaluated by the New Zealand Food Safety (Haumaru Kai Aotearoa), FDA (U.S. Food & Drug Administration), or any other administration. The products sold on this website are not intended to diagnose, treat, cure, or prevent any disease. The information provided by this website or this company is not a substitute for a face-to-face consultation with your physician, and should not be construed as individual medical advice.

LINKS TO 3RD PARTY WEBSITES

The Website contains links to website’s that are not controlled by Winyourday (Third Party Website). Winyourday makes no promises or warranties as to the content or security of any Third Party Website and you link to and use any such Third Party Website at your own risk.

TERMS OF SALE

Orders may be cancelled and products may be returned in accordance with Winyourday’s return and cancellation policy.

Winyourday will endeavour to deliver all orders made by you on the Website but reserves the right to refuse to deliver any products ordered for any reason, including without limitation, unavailability of stock or a decision by Winyourday to no longer sell a product.

All prices for products on the Website are inclusive of GST. Sales to customers outside of New Zealand will be exempt from the payment of GST but may be subject to the payment of taxes and charges in their country.

PAYMENT

Payment for products must be made in accordance with Winyourday’s payment policy. When paying for your products on the Winyourday website, you will be charged in New Zealand Dollars or NZD. Delivery of products will not be made until payment has been received to the satisfaction of Winyourday.

DELIVERY

All New Zealand and international delivery will be made in accordance with Winyourday’s delivery policy.

Winyourday uses third party carriers to deliver its products. All deliveries are made subject to Winyourday’s terms relating to lost or damaged stock.

WARRANTIES

All products ordered by you are supplied on an “as is, where is” basis and Winyourday makes no warranty as to the suitability or efficacy of any product beyond any manufacturer warranty included with the product.

No information on the Website is intended to be taken as medical advice and is intended only for information purposes. Always read the label of any product carefully and use only as directed. If your symptoms persist or you are uncertain as to whether any product may be safe for your use, consult a health professional. If you have a pre-existing medical condition, are pregnant or lactating, consult a health professional prior to using any product.

LIABILITY
Subject to your rights under the Consumer Guarantees Act 1993, Winyourday will not be liable for any:
Warranties, conditions and representations whether express, implied, statutory or otherwise, relating in any way to the Website, your use of the Website and the information, products supplied, offered to be supplied or advertised or accessed through the Website; and

Liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the Website and the information, products supplied, offered to be supplied or advertised or accessed through this Website for any reason whatsoever (including negligence).

Winyourday's maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you to Winyourday in respect of the product excluding any amount paid for delivery.

You agree that if any product has been acquired for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those products.

PRIVACY

We protect all personal information you make available to us in accordance with our privacy and security policy which can be viewed here.

User Submitted Content, including Product Reviews and Testimonials.

We reserve the right to use all user submitted content we receive in our marketing and promotional material, both on and offline, identifying the submitter by first name only. If you don’t want us to use your submitted content, please let us know.

Your submission of any such content confirms that you understand that this content may be used in a public context, either online and/or offline, and that Winyourday specifically may use, modify, edit or republish any such content submitted.

While we endeavour not to significantly alter the meaning and intent of submitted content, we do sometimes edit it to condense, summarise, improve readability or comply with our regulatory obligations, and reserve the right to do so.

Beyond prevailing legislation, Winyourday has no obligation to screen or edit any content supplied by customers, but has the right to do so, and to modify, delete, refuse to post or remove any content, in whole or in part, from any portion of Winyourday websites or social media platforms, at its sole discretion for any reason whatsoever, including, but not limited to, content that violates these terms and conditions or is otherwise objectionable.

You may not be permitted to edit or delete any content you have submitted, but can ask us for it to be removed from online publication, and we will remove it so long as it’s reasonably practicable for us to do so.

GOVERNING LAW
The use of the Website and the ordering of any product by you from Winyourday is subject to the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute between you and Winyourday.