Terms & Conditions

Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Prosan Limited's use of cookies in accordance with the terms of Prosan Limited's privacy policy.

License to use website
Unless otherwise stated, Prosan Limited and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  
You must not:

  • Republish material from this website (including republication on another website);
  • Sell, rent or sub-license material from the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • Edit or otherwise modify any material on the website; or
  • Redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Prosan Limited’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Prosan Limited’s express written consent.

Restricted access
Access to certain areas of this website is restricted.  Prosan Limited reserves the right to restrict access to other areas of this website, or indeed this entire website, at Prosan Limited’s discretion.
If Prosan Limited provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  
Prosan Limited may disable your user ID and password in Prosan Limited’s sole discretion without notice or explanation.

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Prosan Limited a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Prosan Limited the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Prosan Limited or a third party (in each case under any applicable law).  
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Prosan Limited reserves the right to edit or remove any material submitted to this website, or stored on Prosan Limited’s servers, or hosted or published upon this website.
Notwithstanding Prosan Limited’s rights under these terms and conditions in relation to user content, Prosan Limited does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Colours and Models
We try to display as accurately as possible the colours of the products shown on the website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Changes to Price and Products
We may alter the prices of the Products, and the Products available on the website, and any other information on our website, at any time before you place an Order without notice to you.

Delivery, Title and Risk
We will deliver the Products to the premises nominated in your Order at your cost within a reasonable time of accepting your Order. We usually specify 1-2 working days for your order to be dispatched from our warehouse, and we will try and have the Products shipped to you by that date. Time will not be of the essence and we will not be liable to you for late delivery.
We may deliver the Products to you by installments and each delivery will be a separate contract independent from the other deliveries.  We may deliver the Products to you in one or more consolidated deliveries and individual charges will remain unaltered.
We will re-deliver, replace or refund the Products (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address.
We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products.
The Products are at your risk as soon as they leave our premises for delivery to you.

Returns and refunds
Subject to any rights you may have as a consumer under any statute, the following terms apply to the return of Products.
Subject to your statutory rights, including under any applicable consumer law, if you change your mind about the Products, we will only accept a return if you lodge a return through the returns sections of our website within 21 days of the date your order was dispatched to you. Subject to these Terms and Conditions.
Subject to your statutory rights, including under any applicable consumer law, if the Products were damaged, defective or faulty at the time of delivery to you, we will replace the Products, or refund your credit card account with a full refund (excluding credit card fees).
If you receive a Product from us that is different to the one you ordered, we will (at our option) replace the incorrect Product with the correct Product, or refund your credit card account with a full refund (excluding credit card fees).
Subject to your statutory rights, including under any applicable consumer law, if you wish to return a Product in accordance with clauses 27 to 30 above, please notify us within 21 days of the Products being dispatched from our warehouse. You should contact us through the My Returns section of the website and give details of why you wish to return the Product. We will then issue you with a Return Authorisation Number (RAN).
You must pay all costs of returning Products to us, however, if we accept the return of damaged or faulty Products, or where we delivered incorrect Products we will provide you with details on how to go about returning the items to us using our paid courier service. In the event that this service is not used, NZ Sale will not be liable for any costs involved in returning the goods to us.
All Products returned must be in their original condition and packaging, with tags still attached (except for defective or faulty Products) along with any accompanying accessories and documentation. We reserve the right not to accept a return of any products which, when examined or tested by us or our agent, are found not to be not damaged, defective or faulty.
We will not issue a refund or Voucher before the Products are received by us. If you have any problems regarding your Order or a refund, you may contact us through the Contact section of the website.

Warranties and Liability
Some Products carry a manufacturer’s warranty. Subject to your statutory rights, including under any applicable consumer law, nothing in these Terms and Conditions affects that warranty. We will provide you with details to contact the manufacturer or supplier for replacement or repair under the warranty terms on request.

Except for the manufacturer’s warranty provided on delivery of the Product, all representations, terms, warranties, guarantees or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of Prosan Limited other than the express provisions of these terms and conditions.

The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that neither Prosan Limited nor any or its officer assumes any responsibility for any advice given regarding the Products, and that, except for the manufacturer’s warranty provided on delivery of the Product, all Products are accepted by the Customer entirely at the Customer’s risk.

The liability of Prosan Limited, whether in tort, contract or otherwise for any loss, damage or injury arising directly or indirectly from any defect in the Products shall be limited in any event to (at Prosan Limited’s option) the consideration received by Prosan Limited for the relevant Products or replacement of those Products.

Prosan Limited will not be liable for any indirect losses or consequential damages of any kind whatsoever arising from or in relation to the Customer’s use of, or inability to use, the Products.

No warranties
This website is provided “as is” without any representations or warranties, express or implied.  Prosan Limited makes no representations or warranties in relation to this website or the information and materials provided on this website.  
Without prejudice to the generality of the foregoing paragraph, Prosan Limited does not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability
Prosan Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss;
  • For any indirect, special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Prosan Limited has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Prosan Limited’s liability in respect of any:

  • Death or personal injury caused by Prosan Limited’s negligence;
  • Fraud or fraudulent misrepresentation on the part of Prosan Limited; or
  • Matter which it would be illegal or unlawful for Prosan Limited to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  
If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, Prosan Limited has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Prosan Limited’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Prosan Limited’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Prosan Limited.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify Prosan Limited and undertake to keep Prosan Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Prosan Limited to a third party in settlement of a claim or dispute on the advice of Prosan Limited’s legal advisers) incurred or suffered by Prosan Limited arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to Prosan Limited’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Prosan Limited may take such action as Prosan Limited deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
Prosan Limited may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment
Prosan Limited may transfer, sub-contract or otherwise deal with Prosan Limited’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

Entire agreement
These terms and conditions constitute the entire agreement between you and Prosan Limited in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms and conditions will be governed by the laws of New Zealand, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the New Zealand courts.

Prosan Limited’s details
Prosan Limited is registered with The Companies Office in New Zealand under New Zealand Business Number ###
You can contact Prosan Limited by email to info@prosan.co.nz