Terms and Conditions

1

APPLICATION OF TERMS

1.1

By using the website and/or purchasing and Products from us, you agree to these Terms.

1.2

Where you use the Website and/or purchase Products on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person's hbehalf and that, by agreeing to these Terms on that person's behalf, that person is bound by these Terms.

1.3

If you have any questions about these Terms, you can contact us at hey@coralcone.com and will we try to assist you.

1.4

We may change these Terms at any time by updating them on the Website.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Website, you agree to be bound by the changed Terms.

1.5

These Terms were last updated on 12 October 2021

2

communications

2.1

If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

2.2

If you need to contact us, email us at hey@coralcone.com

3

SUITABILITY AND PROPER USE OF THE PRODUCT

3.1

Depending on your individual circumstances, the Product may not be appropriate for you. If you have any concerns, we recommend you consult your doctor.

3.2

You acknowledge that the Product is designed for internal use during menstruation. You take responsibility for ensuring that any Product you purchase is suitable for you.

3.3

Before using the Product, you agree to read and follow the instructions provided. The instructions are available both with the Product and on the website. You agree to clean the Product before use and regularly clean the Product - according to Coralcone specific instructions.

4

orders

4.1

An order for a Product can be placed directly in the online store by adding the Product to your virtual shopping cart and completing payment at the ‘checkout’. Your order will be sent once your payment is received.

4.2

If you have a problem with ordering online or payment, items can be ordered by sending an email to sales@coralcone.com. Please include the type, size and quantity of the Product you want, as well as your delivery address. We will calculate the delivery cost and send you instructions on how to make payment via bank deposit.

4.3

While we continuously monitor stock levels, we cannot guarantee that we will always have sufficient stock to meet your order. If we cannot dispatch your order within 7 working days, we will contact you and may offer you the option of receiving a refund.

5

prices and payment

5.1

Prices are as displayed on the Website and payment must be made at the time of ordering.

5.2

The price of the Product includes free New Zealand wide shipping - which will be calculated when you place your order and will be displayed at checkout before you pay.

5.3

We may change the prices on our Website at any time, and any such change will take effect at the time the new price is published on the Website. The price you pay is the one displayed on the website at the time of ordering.

5.4

If you order a Product with a New Zealand delivery address, your order will be charged in New Zealand Dollars (NZD) and will include GST.

5.5

We take care to make our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one ore more online payment service providers who will encrypt your card or bank account details in a secure environment.

5.6

If you have asked us to remember your credit card details in readiness for your next purchase, we will securely store these details on our systems. These details will be fully encrypted and only used to process any transactions which you have authorised.

6

delivery

6.1

New Zealand: 
We offer free Couriershipping nationwide throughout New Zealand.
Once we receive payment, the Product will be dispatched within 1-2 working days.

6.2

Deliveries within New Zealand are sent viaCourier (est. 1-4 days tracked with no signature).
You will receive an email notifying you that your parcel has been picked up, with your tracking number once your order has been dispatched.

6.3

Australia:
We offer paid shipping to Australian (urban addresses and PO Boxes only).Once we receive payment, the Product will be dispatched within 1-2 working days.

6.4

Deliveries to Australia are sent via Economy (est. 10-15 days tracked with no signature).
You will receive an email notifying you that your parcel has been picked up, with your tracking number once your order has been dispatched.

6.5

International:
Deliveries outside of New Zealand and Australia are not currently available from this site.
Please visit our list of partner stockists Healthpost and Ohne for all international orders.

7

RETURNS AND REFUNDS

You the purchaser shall promptly inspect the Product upon its arrival at the place of delivery. If you the Purchaser find any nonconformity or defect in the Product you shall notify sales@coralcone.com, within seven business days of receiving delivery. Upon the expiration of this seven working day period with no written notice of rejection, Purchaser shall be deemed to have fully and completely accepted the Product in its entirety.

7.1

If within seven working days you have contacted us at sales@coralcone.com about nonconformity or defect in the Product and we agree, we will work out return and replacement of the Product. If the Product fails to comply with any guarantee in the New Zealand Consumer Guarantees Act 1993, we will meet our obligations under that Act.

7.2

Due to hygiene reasons we do not offer exchanges. We describe our Products as accurately as possible on our website, however if you are unsure of which Product to buy, please contact us at hey@coralcone.com in advance and we can offer you a more detailed explanation and advise.

7.3

We do not offer refunds in situations where you have changed your mind after ordering or receiving the Product. We describe our Products as accurately as possible on our website, however if you are unsure of which Product to buy, please contact us at hey@coralcone.com and we can offer you a more detailed explanation and advise.

8

no reselling

8.1

You agree not to resell or otherwise distribute any Products you purchase from us unless we have approved you as a trade purchaser and you have agreed to our trade terms, and, even then you may resell only in the ordinary course of your business.

9

intellectual property

9.1

We (and our licensors) own all proprietary and intellectual property rights in the Products and the Website (including all trade marks, designs, information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel). Coralcone is a registered trade mark owned by Us and the design of the Product is a registered design in numerous countries including New Zealand.

10

the use of our website

10.1

You must provide true, current and complete information in your dealings with us (including when setting up an account) and must promptly update that information when necessary so that the information remains true, current and complete.

10.2

If you are given a username and/or password to set up an account or access certain parts of the Website, you must keep your username and/or password secure and not disclose it to any other person. You must immediately notify us if you become aware of any disclosure or unauthorised use of your username and/or password, by sending an email to hey@coralcone.com

10.3

You must not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any network, system, software, data or material that underlies or is connected to the Website, or otherwise attempt to damage or interfere with the Website or any underlying system.

10.4

You must, unless with our agreement, access the Website via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

10.5

You must obtain our written permission to establish a link to our Website.  If you wish to do so, email your request to hey@coralcone.com

10.6

We may suspend, disable or remove any or all parts of our Website at any time, without notice or liability.

10.7

If you wish to terminate your account, you may do so at any time.

10.8

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a.

the Website being unavailable (in whole or in part) or performing slowly

b.

any error in, or omission from, any information made available through the Website;

c.

any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

d.

any site linked from the Website.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

10.9

We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

11

liability

11.1

To the maximum extent permitted by law, you purchase and/or use the Product and/or the Website at your own risk and we are not liable for responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your use of (or inability to use) the Product and/or the Website.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

11.2

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other legal provision that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to the price you have paid us for the Product.

12

indemnity

12.1

You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your details.

13

privacy

13.1

If you order a Product from us we may collect personal information from you. We may also collect personal information from you if you contact us by phone or email, or through our Website. We will keep your personal information protected and will comply with the New Zealand Privacy Act 2020.

13.2

The ONLY personal information we collect may include your name, email address, delivery address, phone number, your IP address, and your feedback on our Products and Website. No credit card data is stored with us.

13.3

We may use your personal information to deliver your Product to you, to communicate with you, to market products and services to you, to carry out credit checks (if necessary), to enable you to set up an account on our website to make it easier to order Products in future, or for any other purpose authorised by you or under the Privacy Act 2020 or equivalent legislation.

13.4

We may also collect technical information whenever you log on to, or visit the public version of, our Website.  This may include information about the way users arrive at, browse through and interact with our Website.  We may collect this type of technical information through the use of cookies and other means.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on the Website.  We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.  We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

13.5

Your personal information may be shared with:

a.

Postal/courier providers, where necessary to deliver your Product to you

b.

Stripe.com our payment provider

c.

Third party marketing providers or survey/feedback providers

13.6

Generally, we do not disclose personal information to third parties for them to use for their own purposes.  However, some of the circumstances in which we may do this are:

a.

to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);

b.

in relation to the proposed purchase or acquisition of our business or assets; or

c.

where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

13.7

You have the right to request access to and correction of any of the personal information we hold about you.  If you would like to exercise these rights, please email us at hey@coralcone.com

14

general

14.1

Disputes: These Terms and any dispute relating to these Terms or our Website are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or our Website.

14.2

Waiver: For us to waive a right under these Terms, the waiver must be in writing.

14.3

Continuing Terms: Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 9, 11, 12, continue in force.

14.4

Severability: If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

14.5

Entire Agreement: These Terms set out everything agreed between us and you relating to your purchase of the Products and use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

15

definitions

In these Terms:

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

Personal information means information about an identifiable, living person

Product means the Coralcone menstrual cup products available for purchase on our Website and includes multiple Products

Terms means these terms and conditions

We, us or our means Coralcone Limited (NZ Business Number 9429046830944)

Website means https://www.coralcone.com or equivalent and any linked site of ours, including our Facebook and Instagram sites.

You means you or, if clause 1.2 applies, both you and the other person on whose behalf you are acting.

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