Terms & Conditions


WEBSITE TERMS OF USE – PAMUMILK.COM

1 APPLICABILITY AND AGREEMENT TO TERMS
1.1 These terms and conditions ("Terms of Use") apply to your use of this website (the "Website"). By using this Website, you are deemed to accept these Terms of Use and are bound by them. If you do not accept these Terms of Use, you will not be able to order products on this website.
2 AMENDMENTS TO THESE TERMS OF USE
2.1 We may amend these Terms of Use in whole or in part from time to time. Amendments will be effective immediately when we post the amended Terms of Use to the Website. You are responsible for ensuring you are familiar with the latest Terms of Use. By continuing to use the site following any amendments, you agree to be bound to the Terms of Use as amended, whether or not you have been notified of any amendments.
3 INTELLECTUAL PROPERTY RIGHTS
We (or our licensors) own all intellectual property rights in the Website, including all of the content and all software code underlying and forming part of the Website. You may not use any of our intellectual property rights without our prior consent.
4 ACCEPTABLE USE
4.1 Compliance with law

You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else.

4.2 Without limiting clause 4.1, in particular, you agree not to:
  1. damage or harm the Website, or any underlying or connected network or system;
  2. use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the Website or content featured on it for any purpose;
  3. introduce any viruses, content or code to the Website which is technologically harmful;
  4. use the Website to do anything unlawful, misleading, malicious, or discriminatory;
  5. do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;
  6. adapt, reproduce, store, distribute, print, display, publish, or create derivative works from the Website;
  7. facilitate or encourage any violations of these Terms of Use;
4.3 Unsolicited email

Publication of email addresses on the Website should not be taken as deemed consent to receiving unsolicited email. Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.

4.4 Social Media Sites

These Terms of Use will also apply to the use of any social media platform under our control (each a "Social Media Site"). These Terms of Use must be read in addition to the respective terms and conditions governing the use of the Social Media Sites, such as Facebook, as published by the relevant Social Media Site. By accessing a Social Media Site you agree to be bound by, and comply with, the terms and conditions of that Social Media Site, and these Terms of Use.

We may, without prior notice or explanation:

  1. remove any post made or shared by a user on a Social Media Site; and/or
  2. report the user to the relevant site administrator,

if we consider that the post is abusive, offensive, or contains inappropriate subject matter, defamatory comments, or discriminatory remarks of any nature or otherwise breaches the terms and conditions of the Social Media Site. To avoid doubt, any comments or statements made in a post to a Social Media Site by any public user does not represent the opinions of Pāmu Limited.

4.5 Our rights and remedies

Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms of Use, we may:

  1. limit your activities on the Website;
  2. issue a warning to you;
  3. suspend or cancel your access to the Website; and/or
  4. co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any content in breach of these Terms of Use.
4.6 General indemnity

You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Use including, in particular, clause 5, your failure to complete a transaction or arising out of any content or item you submit, post, upload, transmit, link to or make available upon any of the Social Media Sites.

5 TERMS OF PURCHASE
5.1 Orders

When you place an order with us to purchase any product on this Website (a "Product"), you are making an offer to purchase the Product for the price notified at the time you place the order. All prices are stated in New Zealand dollars and are inclusive of New Zealand Goods and Services Tax.

No contract for the purchase of a Product from us will be formed until your order has been reviewed and accepted by us, and we have notified you of that acceptance. An order may be declined on reasonable grounds, including, but not limited to, where:

  1. the Product is no longer available; or
  2. there is an error in the price or description of the Product on the Website.

We may also apply a limit to the number of Products that you may order (either as a single transaction, or within a specified time period), and may reduce or decline an order for this reason.

5.2 Payment for Customers in New Zealand

If you select to "Buy Now" on the webpage for customers with a delivery address in New Zealand, you will be redirected to a payment gateway operated by Payments Express. You will then be required to provide your payment details directly to Payments Express, and will be subject to any terms and conditions or other charges notified to you by Payments Express.

5.3 Payment for Customers in China

If you select to "Buy Now" on the webpage for customers with a delivery address in China you will be redirected to our online store hosted by www.tmall.com ("Tmall Site"), and the offer will be subject to any terms and conditions published on the Tmall Site.

5.4 Products only available in New Zealand and China

Products may only be ordered through the Website by customers that nominate delivery addresses in New Zealand and China and Products cannot be ordered to be delivered in any other jurisdiction.

5.5 No guarantee products will be in stock

We will make every effort to fulfil orders placed using the Website but we do not guarantee that the products advertised will always be in stock.

5.6 Right to adjust price

We will make reasonable endeavours to ensure that the descriptions and prices for the Products available through the Website remain accurate and up-to-date. However we reserve the right to vary our prices and product and services descriptions at any time and without notice.

5.7 Shipping and Delivery (for New Zealand Customers)

Products will normally be shipped by the end of the next working day after acceptance of your order, unless otherwise specified in the Product description. The Product will be delivered to the address specified by you when making your order.

5.8 Title and risk

Title to all Products supplied to you will be retained by us until payment is made in full. All risk of loss of, or damage to, the Products passes to you on delivery of the Products to you.

6 PRODUCT RETURNS

You must inspect the Product immediately after it has been delivered to you. You may only return Products to us with our prior approval, and where:

  1. the Product is faulty (e.g. the seal is broken, or is otherwise not fit for consumption) or has been sent to you in error;
  2. you have not altered or damaged the product in any way
  3. you have submitted a written return claim (via email or letter) to us within ten (10) days after the Product is delivered to you;
  4. the return claim refers to the original order number and the date of the order.

Subject to our obligations under the Consumer Guarantees Act 1993, we may exercise our reasonable discretion in deciding whether to give our approval for the return of a faulty Product. If we approve the return, we will arrange for the Product to be returned to us by courier within 20 days of the date of approval. If the Product is returned in accordance with these Terms of Use and with adequate identification of both you and the Product returned, we will issue you with a payment refund that covers the cost of delivery and return of the Product, as well as the purchase price of the Product, in accordance with our obligations under the Consumer Guarantees Act 1993.

7 OUR LIABILITY
7.1 Information should be treated as a guide only

The information provided on the Website should not be your only source of information when you are making purchasing decisions. It should be treated as a guide only. Specifically, use of the "Trust you can Trace" tool is intended only to indicate whether a serial number inputted into the tool corresponds with the serial number of an authentic Product manufactured by us. If you have received a Product other than directly from this Website or through the Tmall Site, please note that we make no warranties as to whether the product in your possession is an authentic Product. We will not be liable in the event that you have received a counterfeit product bearing an authentic serial number due to the fraudulent acts of a third party.

7.2 7.2 Reasonable care

We will use reasonable endeavours to ensure:

  1. the availability of the Website subject to any downtime for maintenance; and
  2. the information and tools provided on the Website are reliable, up-to-date, complete and accurate at the time of publishing.
7.3

The Website is provided on an "as is" and "as available" basis. You agree that, to the maximum extent permitted by law (for example, the Consumer Guarantees Act 1993):

  1. any and all of our liability and responsibility to you or any other person:
    1. under or in connection with these Terms of Use; or
    2. in connection with the Website (including any errors in or omissions from the Website), any goods or services provided on or through the Website, another user's/member's acts or omissions (including any comments or content posted), or your use of or inability to use, the Website (including any loss or corruption of data),

    is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise;

  2. our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss; and
  3. we disclaim and exclude all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
8 PRIVACY STATEMENT
8.1 Our privacy commitment

Pamu complies with New Zealand's privacy laws and will treat all personal information that we hold about you in accordance with the Privacy Act 1993. This privacy statement explains how we may collect, store, use, and disclose your personal information. Your use of this Website to purchase products from us for delivery within New Zealand means that you accept and agree to this privacy statement and any revisions or updates

8.2 How we collect personal information

We collect personal information directly from you, the customer. This collection only occurs when you elect to buy one of our products from the English-language page of our Website with a delivery address within New Zealand. You will be prompted to fill out the online fields with the personal information that we need from you to be able to process your order. We will not collect any personal information relating to customers in China using the Chinese-language page of our Website, as they will be redirected to the Tmall Site as soon as they elect to purchase any product on the Website.

8.3 Personal information that we collect from you

When you order a product from the English-language page of our Website, we will collect the following information from you:

  1. your name; [and]
  2. your nominated address for delivery of the purchased product; [and]
  3. your email address for notification purposes.

We do not collect any payment details from you. Once the details above have been provided by you, you will be redirected to a payment gateway operated by Payments Express, where you will need to provide you payment details. We are not responsible for the content of Payment Express' website, and encourage you to read Payments Express' Privacy Policy so that you can understand how the payment details you provide will be collected, stored, used, and disclosed.

8.4 What we do with the information we collect

We collect your personal information strictly for the purposes of:

  1. identifying you as a customer;
  2. processing your order;
  3. ensuring that your products are delivered to the nominated delivery address;
  4. identifying your order to facilitate any return or refund to you for a faulty product; and
  5. internal record keeping and administrative purposes.

We will not use any of your personal information for direct marketing campaigns, or for any market research purposes.

8.5 How we handle your personal information

We will not sell, distribute, or disclose your personal information to any third parties unless we are permitted or required by law to do so. We may disclose personal information about you to:

  1. our employees, contractors, agents, and advisors as required to supply you with your Products and associated purposes only; and
  2. any third parties that you have asked or authorised us to share your personal information with.

We will take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure. We will keep all personal information about you, including hardcopy and electronic information, safe and secure in accordance with reasonable security standards. If your personal information is no longer needed by us for any of the purposes identified above, and we are not required by law to retain it, we will take reasonable steps to destroy or render it incapable of identifying you.

8.6 Use of cookies

A cookie is a small file which requires permission before it can be placed on your computer's hard drive. A cookie helps analyse web traffic or lets you know when you visit a particular site, and allow web applications to respond to you as an individual. The web application can gather and remember your preferences to tailor its operations to your likes and dislikes.

We use traffic log cookies to identify which pages on our Website are being used. This helps us analyse data about web page traffic and improve our website. We only use this information for statistical analysis purposes and then the data is removed from the system.

The cookie does not give us access to your computer or any information about you, other than the data stored in the cookie. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

8.7 Accessing and correcting your personal information

You have the right under the Privacy Act 1993 to access the personal information that we hold about you, and to ask us to correct it if necessary. If you want to check the personal information that we may have collected from you or request the correction of any such information, please contact our Privacy Officer at [ ].

8.8 Making a complaint

If you wish to make a complaint about the way in which your personal information is handled by us, please contact our Privacy Officer. We will endeavour to respond to such complaints with due care and within a reasonable timeframe.

8.9 Changes to this privacy statement

We may update this privacy statement from time to time. When we do we will post the updated privacy statement on this Website, so we encourage you to periodically review this privacy statement. This privacy statement was last updated on [ ].

9 GENERAL
9.1 No waiver

If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights.

9.2 Entire agreement

These Terms of Use and our privacy statement constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us, relating to the subject matter of these Terms of Use.

9.3 Remedies cumulative

The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by these Terms of Use or Law.

9.4 Severance

If any provision of these Terms of Use become or is held to be illegal, invalid or unenforceable in any respect, that provision shall be read down to the extent necessary to make it legal, valid and enforceable or, if it cannot be read down, be deemed severed from these Terms of Use. Neither such change shall affect the legality, validity and enforceability of the other provisions of these Terms of Use.

9.5 Governing law

The Website and these Terms of Use is governed by the laws of New Zealand. When you access the website, you submit to the non-exclusive jurisdiction of the New Zealand courts.