Terms of service
This Website (‘the Website”) is operated by Viberi New Zealand Limited (“We”, “Us”, or Our”). Through the Website, We provide food products to Our customers. By using the Website You (“You” or “Your”) agree to be bound by these Terms and Conditions.
If You are using the Website in Your capacity as an employee, agent, or officer of any other person or a company or other organisation, then You are entering into a contract on behalf of that person, company, or organisation, who will be deemed to be the contracting party (i.e. “You” or “Your”) for the purpose of the remainder of these Terms and Conditions. You must cease using this Website if You are not authorised to enter into contracts of this nature on behalf of your company or organisation.
If you are using the Website to purchase a Product for another person, their use of that Product will be deemed to be Your use for the purpose of these Terms and Conditions, whether or not their use is contemplated by You. Likewise, you will be deemed to be their agent and will legally bind them to these Terms and Conditions.
These Terms and Conditions represent the entire agreement between You and Us regarding Your use of the Website and the Products.
We may change these Terms and Conditions and give notice to You by posting amended Terms and Conditions on the Website at any time.
## SHIPPING & DELIVERY
Please see our Shipping Policy page.
## PRIVACY & SECURITY
We do not sell or rent your personal information to third parties. We will use any data You give to Us and which identifies You only for the purpose for which it is supplied to Us and will not use it for any other purpose or supply it to any third party except as required by law or authorised by You.
We may use aggregate data (in a non-identifiable form) supplied to Us by You for Our own business purposes including the improvement of the Website, Our Products, and Our related services. Aggregate data is information we collect about a group or category of services or users from which individual user identities have been removed, so that no personal information is included. We may share aggregate data about our users with third parties for various purposes, including to help us better understand our customer needs and improve our services and for advertising and marketing purposes.
Communications: We may send You electronic messages which facilitate, complete, or confirm any transaction You enter into with Us in relation to the Products or the Website. Review requests for a purchased product are considered as part of the transaction.
We may send You commercial electronic marketing messages relating to Our other goods and services and other information of related interest if You elect to receive our Newsletter. We will stop sending You such messages if We receive a request to stop from You. We use email as a means of receiving feedback from our customers, and we encourage you to email us with your questions or comments.
Use of Cookies: Use of this website entails acceptance of temporary stored ‘cookies’ to increase website speed.
### RETURNS AND REPLACEMENTS
Our products are dispatched in the best possible condition. However, if a Product reaches you in an unsatisfactory state we may at our election refund or replace the Product. Please get in touch as soon as possible.
To be eligible for a refund or replacement:
Items must be returned in original condition to the place of purchase; and
Items must be returned within a 7 day period from your receipt of the item; and
Proof of purchase must be provided.
We reserve the right to accept or decline a request for an exchange or refund, subject to the provisions of the Consumer Guarantees Act 1993.
## ORDERING
You can place orders for our product on our website. Payment is required before any order will be sent. Orders may be fulfilled by third party partners and it is possible that orders may arrive in packaging supplied by that partner.
Prices are displayed on our website in New Zealand Dollars (NZD), or other currency as specified on storefront pages, and include New Zealand Goods and Services Tax (GST) of 15% if the shipping address is in New Zealand.
## RIGHT TO USE SITE AND IP RIGHTS
You may access, view, reproduce and print the content on this site provided you only use that content for informational, non-commercial purposes. If you wish to link to any part of this site, you must get Our prior written consent.
All rights reserved. All intellectual property on this site, including without limit, the text, graphics and copyright works is owned by Viberi New Zealand Ltd. (or the relevant content supplier). We are the exclusive owner of all rights in the compilation, design and layout of this site.
## CONTENT ON THIS SITE AND THIRD PARTY MATERIALS
While We have tried to ensure the information on this site is current, accurate and complete, we do not guarantee such information will be current, accurate or complete when you access it. We only provide the information on, or accessed through this site, on an “as is” basis.
You must make your own assessment of the suitability of the content and/or the services for your own purposes. You are solely responsible for the actions you take in reliance on the information in, or accessed through, this site. We may change the content and/or services described on the site at any time without prior notice.
Our website should never be used to replace professional medical advice, and users are invited to reach out directly to clarify any uncertainties about nutritional claims on product packaging.
Users seeking to rely on or verify any content and/or services contained on this site should contact us either by phone on +64 3 614 8998 or here.
You may not reproduce any content or any copyright or trademarked material from our website without our explicit written permission. This is especially relevant for sanctioned and unsanctioned resale of our products in secondary markets, ecommerce platforms, and in export markets.
This site contains links to third party websites and research outputs. These are not controlled by Us. They are provided for your convenience only. Please note that We do not check, nor necessarily endorse, approve or agree with, the third party websites we link to. Third party websites will likely have their own restrictions on how you may use the content on those websites and what responsibility the website provider will accept in relation to the content. You should ensure you read and comply with these.
## PROMOTIONS
General Terms and Conditions (applicable to all Viberi NZ Promotions and social media giveaways & discounts):
1. Offer is available to New Zealand residents only, unless otherwise stated.
2. Our offers have an expiry of 2 months, if not otherwise explicitly stated. Offer and discount codes cannot be replaced if lost.
3. Unless specified otherwise, offer not available in conjunction with any other offer. This includes our subscription discount offers. If you strongly feel that you would not want to make separate orders to take advantage of an offer, please contact the Webmaster.
4. We reserve the right to alter this offer at any time.
5. In the event of any dispute regarding the rules, conduct, results and all other matters relating to the promotion, Our decision shall be final and no correspondence or discussion shall be entered into.
6. If you don’t wish to receive promotional material, or wish to review or update your details, please contact us on +64 3 614 8998, or here, or write to us at 6 Butlers Road | RD 4 | Pleasant Point, TIMARU 7974.
##30-DAY WELLNESS GUARANTEE
If you have used the product daily for one month and aren’t feeling an improvement to your overall wellness, please contact marketing@viberi.co.nz.
To be eligible:
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The product must be purchased directly from ViBERi website
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Only one refund per customer is permitted
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Proof of purchase is required
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Refunds apply to the product purchase price and NZ shipping costs only; international shipping costs are non-refundable
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Used or opened products are eligible, provided reasonable use has occurred
Refund requests submitted earlier than 30 days or later than 60 days from delivery will not be accepted. Wholesale, bulk, promotional, or discounted purchases may be excluded unless otherwise stated.
Refunds will be issued to the original payment method once the request is approved. Processing times may vary depending on your payment provider.
This guarantee does not affect your rights under applicable consumer protection laws.
### LIABILITY
To the maximum extent permitted by law, the Website is provided on an “as is” basis, without any warranty of any kind either express or implied including but not limited as to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website is error free or that any services provided through the Website will be uninterrupted.
You accept all risk and any liability arising from Your use of the Products. In no event will We be liable to You or any other person for any lost profits, lost savings, or damages (including special, direct, indirect, punitive, consequential, or incidental damages) or any claims, proceedings, costs, demands, liabilities and expenses incurred by You arising out of or relating to Your use of the Website or the Products, whether in contract, tort (including negligence) or equity even if We have been advised of the possibility of such loss or damage.
If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using this site or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply. If We are prohibited by law from excluding all liability, Our aggregate liability in relation to any claims arising out of or relating to the Website or any Products or services supplied to You by Us under these terms and conditions will in any event be absolutely limited to, at Our option:
A refund of the amount paid by You to Us for the applicable Product; or
Replacement of the applicable Product; or
Supply of an equivalent Product.
### ASSIGNMENT
You may not assign this Agreement without Our express written consent.
### GOVERNING LAW
These Terms and Conditions will be construed in accordance with the laws of New Zealand, and in terms of the enforceability of these Terms and Conditions shall be deemed “in writing” and “accepted” by both parties. And disputes arising out of this these Terms and Conditions or their subject matter shall be referred to and finally resolved by New Zealand courts, in accordance with New Zealand law.
### INVALID TERMS SEVERABLE
In the event that any of the terms, conditions or provisions in these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid to the fullest extent permitted by law.