The customer agrees to be bound by this sale agreement and accepts its terms and conditions (unless the customer has signed a separate formal purchase agreement with Hosposol Limited, in which case the separate agreement shall govern).
Formation of Contract
The contract is formed only when the goods are dispatched by the seller.
Consumer Guarantees Act 1993
If you’re acquiring the goods (or services) for the purpose of a trade or business then you agree that the consumer guarantees provided for in the CGA will not apply. If you’re acquiring the goods (or services) for a non-business purpose then these terms will be interpreted subject to the Act and nothing in these terms will limit your rights under the Act. We do not provide any Express Guarantees as defined in the Act.
Errors or Omissions
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, pricing, invoice or acknowledgement.
While our best efforts are made to keep our stock levels and pricing accurate we cannot be responsible for any errors in stock levels and pricing. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer a full refund.
Description of Products
The seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take appropriate action. Elive can offer a full refund if the correct product is more or cannot be sourced at the price of the unmatching item. hospo.nz is not required to send an item of higher value and a full refund of original order is sufficient.
The seller reserves the right to dispatch the buyer’s order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered. The buyer may cancel any undelivered instalments.
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.
Out of Stock Products & Backorders
If a product is ordered but later found to be out of stock the seller reserves the right to put the order on back order and confirm a suggested ETA. with the customer. The customer may ask hospo.nz to either find and offer an alternative (similar) product (if an alternative option is available) price differences will need to be paid by the customer if the cost is higher or if cheaper the difference refunded by Elive to the customer or if the E.T.A. is to far offer a full refund to the customer.