Terms and Conditions

Thank you for visiting the windback.co.nz (by Meditrina Health) website (the "Site"). windback.co.nz (by Meditrina Health) is an online retail store and information site for various products, with online orders picked, packed, and fulfilled by Windback. The Site is designed to provide a convenient, private, and informative retail experience for consumers to purchase products essential for maintaining good health and preventing future illness. Accessible 24 hours a day, 7 days a week, the windback.co.nz (by Meditrina Health) online store offers an easy and convenient method of ordering products online, along with a wealth of health-related information.

windback.co.nz (by Meditrina Health) wants each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we both know what to expect from each other. By using the Site, you agree to be bound by the following terms. Please read them carefully. Your use of the Site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions.

DISCLAIMER OF INFORMATION

All information supplied has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form.

Professional advice is required for each particular illness, disease, infection, injury, or other medical condition and for dosages of the product supplied via this Site. This information is not to be taken as any sort of medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your pharmacist, general practitioner, other medical practitioner, or qualified health provider when starting any new medical treatment, continuing with medical treatment, or with any questions you may have regarding your or any other party's medical condition. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

COPYRIGHT AND TRADEMARK INFORMATION

This site is owned and operated by windback.co.nz (by Meditrina Health). Unless otherwise specified, all material appearing on this site, including the text, site design, logos, graphics, icons, images, photographs, typefaces, and other material (collectively "Content") as well as the selection, assembly, and arrangement thereof is subject to applicable copyright laws. Copyright © 2024, ALL RIGHTS RESERVED. All audio and video clips are the sole property of windback.co.nz (by Meditrina Health) or their respective content providers. All software used on the site is the sole property of windback.co.nz (by Meditrina Health) or those supplying the software. You acknowledge that the Site contains Content, audio and video clips, and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and may be protected in all forms, media, and technologies which exist now or are developed in the future. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without windback.co.nz (by Meditrina Health)'s prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

PRODUCT LIABILITY DISCLAIMER

Notwithstanding any other term in these terms of use, products supplied to a “consumer” as defined in the Consumer Guarantees Act 1993, Sale of Goods Act 1908, and the Fair Trading Act 1986 (together, “NZ Consumer Law”) come with consumer guarantees that cannot be excluded under NZ Consumer Law and in such case: (a) you are entitled to a replacement, repair, or refund for a failure of substantial character to comply with a guarantee and for any other reasonably foreseeable loss or damage, and you are entitled to have the products repaired or replaced if the products fail to be of acceptable quality and (b) you are entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a failure of substantial character. Nothing in these terms and conditions is intended to exclude, restrict, or modify the application of any NZ Consumer Law.

Where the sale of products on the Site is for use in trade (as defined under NZ Consumer Law), none of the statutory warranties or guarantees in any NZ Consumer Law shall apply to such supply and sale. By accepting these terms and conditions, you agree that it is fair and reasonable to contract out of the application of such laws.

EXCEPT AS EXPRESSLY STATED HEREIN, BECAUSE THE SITE IS A PLATFORM THROUGH WHICH YOU CAN PURCHASE THIRD-PARTY PRODUCTS, windback.co.nz (by Meditrina Health) MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SITE. EXCEPT AS EXPRESSLY STATED HEREIN, windback.co.nz (by Meditrina Health) EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING ANY REMEDY AVAILABLE TO YOU UNDER ANY NZ CONSUMER LAW, YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO windback.co.nz (by Meditrina Health) ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL windback.co.nz (by Meditrina Health), ITS DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

SITE USAGE DISCLAIMER

THE SITE IS A PLATFORM THROUGH WHICH YOU MAY PURCHASE THIRD-PARTY PRODUCTS AND SERVICES AND OBTAIN THIRD-PARTY INFORMATION. FOR THIS REASON, THE FOLLOWING DISCLAIMERS APPLY TO YOUR USE OF THE SITE AND ANY PURCHASES YOU MAKE THROUGH THE SITE.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL windback.co.nz (by Meditrina Health), ITS DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES, THIRD-PARTY CONTENT PROVIDERS, OR THE LIKE WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, windback.co.nz (by Meditrina Health) DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR USE OF THE INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE.

FURTHER, windback.co.nz (by Meditrina Health) EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES. WE CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR REGISTRATION INFORMATION, TRANSMISSIONS, OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON IN CONNECTION WITH THE SITE; OR (v) NEGLIGENT OR WILFUL ACTS OF ANY THIRD-PARTY SUPPLIER OF PRODUCTS, SERVICES, OR INFORMATION VIA THE SITE. However, this clause shall not act to limit our liability to you for any direct loss you suffer or incur as a direct result of our negligence or wilful default.

You agree to indemnify and hold windback.co.nz (by Meditrina Health), and our directors, officers, employees, and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OF THE OTHER PARTY (OR ANY OF ITS PERSONNEL, CONTRACTORS, SUPPLIERS, OR REPRESENTATIVES), EVEN IF THE RELEVANT PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER ACCOUNT RESPONSIBILITIES

In consideration of your use of the Site, you agree to: a. Provide true, accurate, current, and complete information about yourself as prompted by the registration form (the "Registration Information") and b. Maintain and promptly update the Registration Information to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Site.

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. windback.co.nz (by Meditrina Health) considers this Registration Information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.

PAYMENT OPTIONS

Credit Cards: We accept all major credit cards, including Visa and MasterCard. Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.

ORDER POLICY

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. windback.co.nz (by Meditrina Health) reserves the right at any time after receipt of your order to accept or decline your order for any reason. windback.co.nz (by Meditrina Health) reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

USER BEHAVIOUR

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

OUR RIGHTS

windback.co.nz (by Meditrina Health) may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third-party providers, or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.

windback.co.nz (by Meditrina Health) may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, acting reasonably, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us.

PRICE ERRORS

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, windback.co.nz (by Meditrina Health) shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. windback.co.nz (by Meditrina Health) shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, windback.co.nz (by Meditrina Health) shall immediately issue a credit to your credit card account in the amount of the incorrect price.

GOVERNING LAW

As far as legally possible, this Agreement, its terms and conditions, and the use of this Site shall be governed by the laws in existence from time to time in New Zealand. Any claim relating to the Site, the services provided through the Site, or the Content shall be governed by the internal laws of New Zealand, and you agree to submit to having the matter dealt with in a court in New Zealand.

TERMINATION POLICY

These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site.

GENERAL TERMS

These Terms of Use constitute the entire Agreement between windback.co.nz (by Meditrina Health) and you and govern the use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

LIMITED PURCHASE POLICY

windback.co.nz (by Meditrina Health) reserves the right to monitor and limit the purchase amounts of products at its sole discretion. windback.co.nz (by Meditrina Health) reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases, windback.co.nz (by Meditrina Health) will reduce product(s) to what windback.co.nz (by Meditrina Health) considers a non-commercial quantity. Any commercial size quantities should be requested using our contact us form here.

PRIVACY POLICY

windback.co.nz (by Meditrina Health) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our Site.

Personal Information Collection

We collect personal information from you when you fill out forms in our website shop. This information is stored with Shopify and our service providers who support our website. We also share this information with Payment Providers to process your payment on our behalf. Additionally, when you use our website shop, a cookie (a small text file) will be loaded onto your computer. The cookie is used to identify you during your session. You can adjust your browser settings to refuse cookies, but doing so may prevent you from making a purchase or using other functions on our website.

Use of Personal Information

We and our service providers use your personal information to provide you with the goods and services you have purchased, process payments, and contact you in case of any issues with your order. We may also use your information in an aggregated, anonymised form for purposes such as analysing sales patterns. Except as described in this policy, we and our service providers will not use your personal information for other purposes, such as selling customer lists, unless required by law.

Accuracy and Correction of Information

If you do not provide accurate information, we may be unable to deliver goods and services properly or process refunds. We reserve the right to cancel your order if you supply incorrect information. Under the Privacy Act 1993, you have the right to access and correct your personal information.

Policy Revisions

We may update this Privacy Policy periodically by posting an amended version on our website. Please check the website regularly for any changes. Your continued use of the website after changes are posted indicates your acceptance of the updated policy.

Security Policies and Practices for Payment Transactions

Collection and Use of Payment Information

When you make a purchase, we collect your name, email address, phone number, and address. You must enter credit card details directly. This information enables us to process and fulfil your order and manage your account efficiently.

Customer Information Protection

For the safety of your orders, windback.co.nz (by Meditrina Health) uses a secure server. The server's SSL (Secure Socket Layer) encryption ensures the confidentiality of the data you provide. We adhere to multiple layers of encryption and security protocols to safeguard sensitive customer information from unauthorised access. windback.co.nz (by Meditrina Health) complies with the PCI DSS (Payment Card Industry Data Security Standard), affirming our commitment to data security.

Credit Card Information Handling

All credit card transactions are processed securely via Windcave, a leading payment gateway. Credit card payment is the exclusive method for placing orders. We do not store credit card data on our servers, maintaining our strict security standards.

Transmission of Payment Information

Initial or updated payment information is encrypted and sent securely to Windcave. Windcave handles your payment data in line with their Privacy Policy. Apart from your postcode and country, which are necessary for billing and regulatory compliance, windback.co.nz (by Meditrina Health) does not retain your payment details.

End User Payment Information Processing

Payment information for end users may be processed through third-party eCommerce Payment Processors as per their terms and policies. We only transmit complete payment information of your end users upon their provision or update, to facilitate processing by the chosen eCommerce Payment Processors. No storage or collection of end users’ payment data occurs on our part.

Enhanced Payment Security with Windcave

For secure credit card payments, we employ Windcave's 256-bit SSL Encryption technology, ensuring the protection of your personal details. Windcave also enhances security through the use of 3D Secure technology, offering an additional layer of authentication to prevent unauthorised use of your card. This step further ensures the safety of your transactions, reflecting our dedication to maintaining the highest standards of payment security. No credit card information is stored by us, reinforcing our commitment to your privacy and security.

Consent to Policies

By using windback.co.nz (by Meditrina Health), you agree to our information collection and usage policies. Should there be any changes to our privacy policy, they will be communicated promptly to keep you informed about what data we collect, its usage, and disclosure conditions.

RETURN AND REFUND POLICY

If you are not satisfied with your purchase, you may return the product within 30 days of receipt for a full refund or exchange, provided the product is in its original condition and packaging. To initiate a return, please contact our customer service team at support@windback.co.nz. Please note that return shipping costs are the responsibility of the customer unless the item is defective or incorrect.

SHIPPING AND DELIVERY POLICY

We offer a range of shipping options to meet your needs. Orders are typically processed within 2-3 business days and delivery times vary based on the shipping method selected. Shipping costs are calculated at checkout based on your location and the weight of your order. Please note that we do not ship to P.O. boxes or international addresses. For more detailed information on our shipping policy, please visit our Shipping Information page.

Free Shipping within all of New Zealand for orders $150 and over.

For orders under $150 standard shipping: $7.00, rural delivery: $9.00, Waiheke delivery: $9.00.

We send orders via courier and they can be delivered to post office boxes and rural addresses. We use Courier Post and tracking numbers are provided. We aim to deliver within 2-3 working days from the time we receive the order.

USER CONTENT

By submitting content to the Site, including reviews and comments, you grant windback.co.nz (by Meditrina Health) a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, publish, translate, and distribute such content in any media. You agree not to submit any content that is unlawful, defamatory, obscene, offensive, or infringes on the rights of others. We reserve the right to remove any content that violates these terms.

THIRD-PARTY LINKS

The Site may contain links to third-party websites for your convenience. windback.co.nz (by Meditrina Health) does not endorse or assume any responsibility for the content or practices of these sites. Accessing third-party sites is at your own risk, and we encourage you to read the terms and conditions and privacy policies of any third-party sites you visit.

CONTACT INFORMATION

For any questions or concerns regarding these terms and conditions, please contact us at:

• Email: support@windback.co.nz
• Phone: +64 9 123 4567
• Mailing Address: Windback, P.O. Box 1234, Auckland, New Zealand

CHANGES TO TERMS AND CONDITIONS

We may update these terms and conditions from time to time. Any changes will be posted on this page, and the date of the latest revision will be indicated at the top. By continuing to use the Site after changes are made, you agree to be bound by the revised terms. It is your responsibility to check this page periodically for updates.