Terms & Conditions

HORLEYS - Terms and Conditions

Table of contents

1. Website policies
2. Terms of Sale
3. Privacy Collection
4. Use
5. Disclosure
6. Retention and Security
7. Access, Correction and Complaints
8. Secure Shopping
9. Emails
10. Orders and Delivery
11. Accessibility & Safety of Delivery Location
12. Returns Policy
13. Risk and title
14. Pricing
15. Product range and deals
16. Product Descriptions
17. Website Terms of Use
18. Intellectual Property Rights
19. Right to Use Site and Content
20. Discretion Regarding Registration and Orders
21. Registration and access costs
22. Your Information
23. Content
24. Trade not supplied
25. Force Majeure
26. Consumer Laws
27. Liability Excluded
28. Additional Terms
29. Amendments
30. Jurisdiction and Governing Law
31. Copyright
32. Contact Us

Website policies

Our website policies are designed with you, the customer, in mind to ensure that your online shopping experience with Horleys will be secure, prompt, efficient and hassle-free.

Terms of Sale

This website ("site") is operated by Naturalac Nutrition Limited, Level 2, 18 Normanby Road, Mount Eden, Auckland, New Zealand, trading as Horleys (referred to in these terms of sale as "we", "us”, "our" or “Horleys”).  Naturalac Nutrition Ltd  is a fully New Zealand operated registered company.
These terms of sale apply to your purchase of products via our site. 
Horleys® is a trade mark of Envictus Brands Pte Ltd, and used under license by Naturalac Nutrition Limited NZ.

Purchase transactions from the Horleys site will appear on your bank statement as “Horleys”.

Privacy - Collection

We collect only personal information that is necessary for one or more of our business functions, including (but not limited to) your name, contact details, credit card details (through the eWay Payment System), demographic information, fitness and health information or other personal information that you provide:

• When you register for an online account.
• When you contact us to enquire about this site or any of our products or services.
• When you respond to our questionnaires or post information on our social media sites.
• Through your use of this site and the services and functionality offered through it.

We also collect technical computer information (any information about a computer system or other technological device that you may be using to access our website) and website usage information (any information about how you use and navigate our website, including which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions with our website, such as date and time of visit, which site you came from, and favourite products and site activities).

Use

We will only use personal information about you for the following reasons:

1. To create an online account for you.
2. To record and process your orders.
3. To add to our database so we may inform you of specials, promotions, offers and events via email or post (where you have consented to us doing so).
4. To improve the products and services we offer through this site.
5. To respond to your queries.
6. Any other reasons which we may notify at the time the information is collected.

If you do not provide us with requested personal information we may not be able to receive, accept and process orders that you make with us or provide you with other requested information.

Disclosure

We may share your personal information:

1. To our group companies or service providers (e.g. in order to store the information) in New Zealand, Australia and Malaysia.
2. Where the disclosure is in connection with one of the purposes for which the information was collected (e.g. to courier companies to enable deliveries).
3. Where we are required or authorised by law to make disclosure.

Except as provided above, we will not share your personal information with any other third parties.

Retention and Security

We will not hold your personal information for longer than is required for the purpose(s) for which it was collected.

We will ensure that reasonable security safeguards protect the information and we will take all reasonable steps to ensure that information will not be disclosed to any unauthorised person or organisation.  However, as the internet is an open network, we do not guarantee that your personal information will be safe from loss or unauthorized access, use, modification or disclosure, either during transmission to or from us, or when held by us.

Access, Correction and Complaints

We will take all reasonable steps to ensure that personal information held by us is accurate and up-to-date. You are entitled to obtain from us confirmation as to whether or not we hold personal information about you and you are entitled to reasonable access to this information. You may also request:

1. That we correct this information if it is inaccurate; and
2. That your details do not appear on our database.

You can make changes to your personal information, or make a complaint about any concerns you have regarding our collection, use or disclosure of your personal information, by contacting us using the "Contact Us" page on this site, or by calling us in NZ on 0800 467 539 or in Australia on 1800 00 23 45, or 02 9757 1762 from mobile.

Secure Shopping

Horleys is conscious of the need for privacy and security for your Internet shopping experience.

We use sophisticated encryption technology. This means at the checkout, our servers and your PC encrypt (scramble) everything that you enter into your computer, such as credit card details, billing and delivery address. Because it is encrypted, other computers are unable to make sense of it, therefore keeping this information private. 

There are visual clues on screen that tell you when you have entered a secure environment: padlock will appear in your browser’s address bar.

As part of the software used by Horleys there are secure processes built into the store. Specifically, the engine ensures:

• Every order has a unique number
• Every order is logged in a robust database
• All your payment details can only be retrieved by Horleys and your credit card details are never stored in our system
• Confirmation emails of your order are sent to you the customer

We note that while we never store your credit card details on our system, it may be possible to save your credit card details through our eWay Payment System.  The storage of credit card details on the eWay Payment System is governed by the eWay Privacy Policy, which can be accessed here: https://eway.io/nz/legal#privacy.

Emails

We only email you if you want us to. We do not send unsolicited emails (Spam). When you register your email address with us, if you choose to, you go on a list to receive email announcements about products, offers and promotions from us.

Every email message we send includes an email address to which you can respond. If at any time you decide you do not want to receive our promotional emails, simply click the unsubscribe link at the bottom of the newsletter e-mail. If you unsubscribe you will continue to receive emails specifically related to your online orders.

Orders and Delivery

An order made via this site ("order") is an offer to purchase one or more products. When we receive a valid order and payment from you, we may accept this offer by confirming via email that we have received and are processing the order.  If we do not accept your order, we will refund amounts paid.

We will deliver the products set out in your confirmed order ("products") almost anywhere in New Zealand or Australia. Delivery is made by courier.

Timings

We endeavour to deliver all products as quickly as possible to your area. As a guide, this is usually:

• within 1-3 working days for New Zealand
• within 2-5 working days for Australia

after dispatch of your order.

If we are not able to supply the products or there is likely to be a significant delay in making delivery (e.g. because the product is out of stock or the delivery is to a rural/remote location), we will notify you as soon as reasonably possible after we become aware of this, in which case you may cancel the order (or any part of it) and you will receive a refund (including the applicable delivery charges) in respect of those products which will not be delivered (if any). Except where we cannot legally limit our liability for delay, we will not otherwise be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the products not being delivered within the anticipated delivery time.

Costs

• New Zealand:  free delivery, regardless of order value
• Australia:
  • For orders over $99: free delivery
  • For orders under $99: $5-10 delivery charge per order depending on your delivery address (post code).  Once you enter your post code, your delivery charge will be calculated.  You have the option of cancelling your order at this point.

Signature Required Unless Stated
Horleys freight is delivered by local Couriers in Australia and New Zealand. It is standard practice for the couriers to require a signature on delivery.  It’s their policy, and it is also the safest option.  If no one is home at the time of delivery, a card will be left with instructions on how to receive your package.  If you are happy for your package to be delivered without a signature, please specify this in the special delivery instructions at the checkout (e.g. “okay to leave without signature, please leave at front door.”)  Please be aware that a delivery without signature is at your own risk. 

If you change your delivery address after a delivery attempt has already been made, this may result in an additional delivery charge, regardless of whether you’ve met any applicable free freight minimum.

Accessibility & Safety of Delivery Location 

It is your responsibility as the customer to ensure the delivery location you provide is easily accessible by the courier and that it is safe for the couriers to enter the delivery premises in order to compete the delivery. If, in the courier's reasonable opinion, the delivery location is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. This may result in an additional delivery charge.

Returns Policy

We take the quality of our products very seriously and we will make things right if you have received a product that is damaged or has a quality issue.  In the first instance please contact us and let us know what the issue is:

• In NZ, call us on 0800 467 539
• In Australia, call us on 1800 00 23 45 (or 02 9757 1762 from mobile).

Please have the product details handy when you call – Best Before Date or Batch Code, so our quality team can investigate promptly.

Please choose carefully, as we do not offer returns if you change your mind.  If you would like help with your selection, please contact us for advice.

Risk and title

Ownership title, and the risk of any loss of, or damage to, the products will pass to you on delivery.

Pricing

The prices for the products listed on this site are in the local currency of the country selected in the header of the site; this is whatever country is visible in the drop-down field in the header of the website.  In Australia that is Australian Dollars, and in New Zealand that is New Zealand dollars; Across both countries the prices include GST, but not any applicable delivery charges.

Horleys reserves the right to amend pricing at any time.    If a price is increased due to correction of a pricing error, we will notify you and you will be entitled to cancel your order and receive a full refund of amounts paid.

If the price of a product appears reduced or on a promotion after you have made a purchase with us, you cannot claim a refund for the price difference. 

Product range and deals

Horleys reserves the right to limit the range of products available to certain areas.

Deals are subject to availability while stocks last. Horleys does not allow back orders for deals that are out of stock.

Product Descriptions

The products will comply, in all material respects, with their product descriptions appearing on this site at the time when you submit the order. If a product does not comply with its product description, you may return the product(s) and accept a refund or exchange the product(s) - for more information please see our Returns page.

Website Terms of Use

Your use of this site is governed by these terms of use. By accessing and browsing this site you agree to be bound by these terms of use. We make this site available to you to in order to provide information about our products and enable you to purchase these products from us online.    

Intellectual Property Rights

All intellectual property on this site, including without limitation any trade marks, text, graphics and copyright, is owned by us or our content suppliers or licensors. We are the exclusive owner of all rights in the compilation, design and layout of this site.

Right to Use Site and Content

You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site.

You may reproduce, copy and distribute the content of this site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of our rights in the relevant content. You may not reproduce, copy or distribute the content on this site for any other purpose of in any other way without our prior written consent.

If you wish to link to any part of this site, you must get our prior written consent.

Discretion Regarding Registration and Orders

Horleys has the absolute discretion to refuse the registration application of a potential Customer or suspend or terminate their ability or purchase products through the Horleys website for any reason whatsoever (including, amongst other things, if fraudulent activity was suspected or another area of the terms and conditions were being breached). Similarly, Horleys has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Horleys may cancel an order at any time for any reason whatsoever. Where an order is cancelled by Horleys, we will notify you of the cancellation and you will receive a refund equal to the value of the order.

Registration and access costs

No costs are payable to us to register to use the Horleys website for online shopping, but Customers are responsible for any costs incurred in using the site, including any charges imposed by their internet service provider.

Your Information

Please ensure that any information that you provide when creating an account with us on this site is correct, complete and up-to-date and please advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information.  In purchasing products from us, you warrant that you are the credit card holder or are authorized by the cardholder to make any payment using that credit card and you agree to indemnify and reimburse us for all losses and expenses we incur as a result of you breaching that warranty.

You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Content

We endeavour to ensure that any content will be current, accurate or complete when you access it. We will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.

This site may from time to time contain content provided by third parties and links to third party sites. This is provided for your convenience only and we are not responsible for any third party content on our site or any site to which our site contains links. The inclusion of any such content or link does not imply our endorsement or approval of any linked website or any association with its owners or operators.

You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this site. We may change the content on this site at any time without prior notice. If you wish to verify or raise any issue regarding any content on this site, then you should contact us directly in NZ on 0800 467 539 or in Australia on 1800 00 23 45, or 02 9757 1762 from mobile or via the contact us form in the About Us section of the website.  

Trade not supplied

Unless otherwise agreed, Customers may not purchase Products through the site for the purpose of resale.

Force Majeure

We will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.

Consumer Laws

The New Zealand Consumer Guarantees Act 1993 and the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth), as well as other laws in each of those places (“Consumer Laws”), guarantee or imply certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of products sold in New Zealand and Australia respectively.

Where they apply, the Consumer Laws include a guarantee that we can sell you the title to the products and that the products are:

• of acceptable quality unless we have made you aware of any issues before you purchased the products;
• fit for the purposes that we made known to you or that you made known to us before you purchased the products;
• match any description or sample that we provided to you before you purchased the products; and
• comply with any other warranty that we expressly made in relation to the products.

Liability Excluded

These terms do not limit or exclude your rights under applicable Consumer Laws or any other statutory rights that we cannot legally exclude or limit. Without affecting those rights, to the extent permitted by law:

• all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this site or the content on or accessed through it;
• our total liability for all claims arising under or in connection with the products, Site or these terms will not exceed the total amount paid by you for relevant products;  and
• we will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it.

In New Zealand, if you are in trade and acquiring the products in trade, you agree that the above exclusions and limitations will apply and the New Zealand Consumer Laws will not apply.

In Australia, where we supply products that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of any warranty that cannot lawfully be excluded will be limited to one of the following remedies, at our option:

• the replacement of the relevant products or supply of equivalent goods; or
• the payment of the costs of replacing the relevant products or acquiring new equivalent goods.

We cannot limit our liability in this way if it would not be fair or reasonable for us to do so.

Additional Terms

Additional terms and conditions may apply for certain products or services which may be available through this site and any such additional terms and conditions must be read in conjunction with these terms of use.

Amendments

We may amend these terms of use from time to time, so you should check and read these terms of use regularly. By continuing to use this site after any such amendment, you are deemed to have agreed to the amended terms of use.

Jurisdiction and Governing Law

These terms of use and any matters or disputes connected with this site will be governed by New Zealand laws and may be dealt with in New Zealand courts or the courts of the State or Territory of Australia in which an Australian customer is based.

Copyright

This site and its content is made available for the purposes of shopping online with Horleys and providing information about Horleys products. Reproduction of the images and text on this site for any other purposes is prohibited. 
All images and textual content on this website is copyright © Horleys or its licensors.

Contact Us

For any further queries email us on info@horleys.com for more info.