TERMS & CONDITIONS OF TRADE
SRS’s success is built on disclosing all important information with its clients. Please read these terms and conditions carefully. The terms of trade set out below govern all of the supplies of products and services from ChaMunda Ayurveda Clinic Ltd., trading as SRS Hair Clinic (“SRS”, “we”, “us”) to the customer (“you”). Your acceptance of any products from SRS indicates your acceptance of these terms of trade.
1.1. These terms and conditions govern the supply of the Products and services by SRS to you. In these conditions, “Supplier” means SRS, and “Products” means goods or services of any kind that are supplied by SRS to you. Your acceptance of any Products from SRS indicates your acceptance of these terms and conditions.
1.2. Any variation(s) to these terms and conditions will only apply where that variation has been expressly agreed in writing by SRS.
2.0 Hair Treatment Results
2.1. The Products are 100% natural. Overseas research and SRS’s experience is that the regular use of the Products as directed encourages the natural regrowth of hair (although results may vary between individuals). Any consultation, advice, recommendation, information, assistance or service provided by SRS in relation to the Products is given in good faith and is believed by SRS to be appropriate and reliable.
2.2. You acknowledge and agree that during the consultation and prior to entering into this Agreement that the consultant fully explained to you that:
- the first visible results of regrowth may take between 3 to 6 months;
- any results are dependent on you using the Products with regular application as directed for a period of at least 3 to 6 months;
- you may not see any visible results if you do not use the Products with regular application as directed for a period of at least 3 to 6 months;
- hair loss treatment is a long-term process, and the recommended duration of treatment may vary according to various factors unique to the individual, in addition to how advanced the hair loss was on starting treatment. In general continued use of the Products is recommended over the long-term for optimum results.
- the results may vary between individuals for a number of reasons and as such SRS does not guarantee results.
2.3. You further agree and acknowledge that you:
- have entered into this Agreement solely in reliance upon your own skill and judgement as to the quality of the Products and the fitness of the Products for your purposes;
- SRS does not make any express or implied warranty or statement that Products and/or services will be suitable for a
particular purpose or end use for which you may use them; and
- before discontinuing any prescribed medications consult your healthcare practitioner.
2.4. Subject to any terms implied by law which cannot be excluded, all terms relating to this Agreement and the Products that are implied by law or custom (including any implied terms as to merchantable quality) as excluded except that such acknowledgement and agreement is given only to the extent that it does not limit or exclude any provision of the Consumer Guarantees Act 1993 and shall take effect subject to that Act’s provisions.
3.0 Price, Orders and Payments
3.1 Unless otherwise stated, prices are inclusive of GST and may be altered without notice. Insurance, freight, handling charges as well as customs duties and foreign exchange cost (for sales outside NZ) are in addition.
3.2 SRS reserves the right to refuse to accept any order or any part of an order, and to deliver products by instalments, in which case each instalment will comprise a separate contract and shall be paid for as if it were a separate order.
3.3 Unless otherwise agreed in writing by SRS, payments for products are to be made before or at the time they are collected or dispatched by EFTPOS, Credit Card, Cash, Internet banking (cleared funds) or cheque (cleared funds). Ownership of the Products will not pass to you until SRS has received payment in full in respect of such Products.
4.0 Risk and Delivery
4.1 Risk in the Products supplied by SRS shall pass to you when the Products are delivered to and/or collected by you or your agent.
4.2 You agree to pay all delivery costs.
4.3 Parcels may require a signature to acknowledge delivery. The signature of the person accepting the parcel at the delivery address shall serve as proof of delivery to you or your agent. If nobody is available at the address to accept the delivery, you may receive a card-to-call from the carrier advising delivery has been attempted, with further advice regarding collection or redelivery at another time or to another address.
4.4 You are responsible for the inspection of the Products and prompt notification to SRS of any defect, damage or short supply within five (5) calendar days of the date of delivery. Products will be otherwise deemed to have been supplied and delivered by SRS in full and accepted by you in good condition.
4.5 We will make every effort to ensure delivery of products, or performance of services, is on time, but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. Delay in delivery or performance does not entitle you to cancel any order.
4.6 Where you ask us to deliver goods directly to another person, that person takes possession of the products for you as your agent, but you are still directly responsible to us under these terms of trade.
4.7 Receipt and payment of products by the buyer shall be deemed to be acceptance of sale and shall constitute confirmation that products have been duly and properly received with regards to condition and quantity.
5.1 You acknowledge and agree that no returns of any products shall be accepted by us in accordance with our returns policy, and all purchase of products from SRS by you shall be final and no dispute as to the products will be considered after purchase. SRS is not under any obligation to refund you for any unused portion of the Products. Any deficiencies of the products may only be claimed immediately upon receipt of the products.
6.0 Complaints and Disputes
6.1. SRS endeavours to provide a premium service. However, we understand that complaints and disputes may arise from time to time. You agree and acknowledge that if you have a complaint about SRS’ services or the Products that you will contact us in the first instance. You should expect an initial response within 5 business days, and we aim to resolve most issues within 10 business days. However, with more complex complaints, we have up to 20 business days to resolve the complaint.
7.0 Limitation of Liability
7.1 SRS’s maximum liability to you shall be limited to the value of any faulty products or services supplied. SRS and its employees, contractors, agents and any manufacturers of the products or any of their materials or components will not be liable to you for loss or damage of any kind, however that loss or damage is caused or arises.
8.1 Any forebearance or delay by SRS in enforcing any terms of the agreement or exercising its rights under these terms of trade shall not constitute a waiver.
8.2 If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.
8.3 This agreement is governed by the laws of New Zealand and any dispute under it shall be subject to the exclusive jurisdiction of the Courts of New Zealand.
8.4 SRS reserves the right to amend these terms and conditions from time to time without any notice to you. We therefore recommend you periodically review these terms to ensure you remain informed of any updates. Any changes to the terms and conditions will be posted on this website and shall be effective from such date onwards.
9.1 Any consultation, advice, recommendation, information, assistance or service provided by us in relation to Goods and Services sold by us (or for their use or application) is given in good faith and is believed by us to be appropriate and reliable. However, any consultation, advice, recommendation, information, assistance or service provided by us in relation to any Goods and Services supplied by us is provided without liability or responsibility on our part.
9.2 We also make no express or implied warranty or statement and expressly negate any implied or expressed warranty that the Goods and/or Services will be suitable for a particular purpose or end use for which you may use them.
9.3 You accept all risk and responsibility for consequences arising from the use of Goods and/or Services, whether singularly or in combination with other products. No claims for consequential damages will be entertained.
9.4 Whilst every care has been taken by us in drafting Terms of trade for you, our liability shall be limited to the price of the Terms of trade.
10.0 Privacy Act 1993
10.1 You and/or your Guarantors authorize us to:
- collect, retain and use any information about you and/or your Guarantors for the purpose of assessing your and/or your Guarantor’s creditworthiness.
- disclose information about you and/or your Guarantors, whether collected by us directly from you and/or your Guarantors, or obtained from us from any other source, to any other credit provider or any credit reporting agency for the purpose of providing or obtaining a credit reference, debt collection or notifying a default by you and/or your Guarantors. SRS agrees not to disclose the information to third parties for marketing purposes.
10.2 Where you and/or your Guarantors are an individual, the authorities under clause 9.2 are authorities or consents for the purposes of the Privacy Act 1993.
10.3 You and/or your Guarantor shall have the right to request a copy of the information about you and/or your Guarantor retained by us regarding your creditworthiness, and the right to request us to correct any incorrect information.