Terms & Conditions

These terms and conditions govern all supply of goods and services (“products”) by Sea Moss New Zealand Limited, to you, the purchaser of goods and services from us, including your use of the website or site at www.seamoss.co.nz (“the website”). They are effective from 1st August 2022 and will replace any and/or all earlier Sea Moss New Zealand Limited terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade whenever necessary without warning or notice to you.

Throughout this agreement, the words “Sea Moss NZ,” “us,” “we,” and “our,” refer to our company, Sea Moss New Zealand Limited and our website or site or any services, as is appropriate in the context of the use of the words.
The following terms and conditions govern your use of the Sea Moss NZ website. By using the website you agree to be bound by the terms and conditions of this agreement and our Privacy Policy, including any amendments that may be made from time to time. Your access to, and use of, Sea Moss NZ’s online shopping system is subject to the following terms and conditions.
By using Sea Moss NZ’s online shopping system you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Users must be 18 years or older to purchase any of our products.

Terms of Trade

These terms and conditions apply to all purchases made through the Sea Moss NZ website. Anyone ordering products acknowledges that they have reviewed the contents of their order and verified that it is acceptable. 

Disclaimer

For anyone seeking medical advice please consult your doctor and/or professional health care provider. All data/information on this website is for your interest and educational purposes ONLY.

– Health & Well-being Information

All information on Sea Moss NZ’s website is provided for information, interest and educational purposes only. This is not a substitute for professional medical advice.
The Nutritional information provided on the Sea Moss NZ website is based on references and information retrieved by current scientific literature. Carefully read and evaluate the accuracy, completeness and relevance of this information to your purposes and health priorities, and consider the need to obtain appropriate expert advice relevant to your individual needs. We do not give any guarantee that the information is free from error or suitable for your purposes.
Nutrient data published on our site and product labels may be based on an average of the nutrient content of a particular seaweed product, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and seasons because of a number of factors. Some of the data may be borrowed from food composition tables, published by other organizations, supplied by the food industry, or calculated using a recipe approach.

– No Medical Advice/Guarantees

None of the content or products offered on the Sea Moss NZ site are meant to be used to diagnose, treat, alleviate or relieve any medical or health conditions.
The products and content found on the Sea Moss NZ site are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
If you suffer from a medical condition or take medication, you should always speak with your doctor or other healthcare professional first before using any of our products.
If you have or suspect that you have a medical issue, always seek medical advice. Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because of something you have read on our website.
We advise, you carefully read all packaging and labels prior to use.

– Reviews

Please be advised all reviews on our website are based on that particular individual and that review may not reflect the results that you achieve. Results may and can vary by every individual. 

Online Shopping

General

Anyone ordering products for delivery acknowledges that they have reviewed the contents of their cart order and verified that it is acceptable. 

– DISCRETION TO ACCEPT ORDERS

Sea Moss NZ has the absolute discretion to refuse the registration application of a potential customer, or acceptance of an order or to cancel and order for any reason whatsoever. Where an order is cancelled by Sea Moss NZ, Sea Moss NZ will make reasonable efforts to notify the customer of the cancellation and the customer will receive a refund of any monies paid for the value of the order.

– REGISTRATION / TERMINATION

Access to some services or content on the site may require registration. This will result in you creating a username and password that must be used whenever requested. That username and password are personal to you and you agree at all times to maintain the confidentiality of your username and password and not to disclose them to any third party. You agree that you are solely responsible for any use of our website by any person using your username and password. You agree that all information you make available to us when registering or using the site is true, accurate, up to date, complete and not false, misleading or deceptive in any material way.
No costs are payable to register to use Sea Moss NZ’s online shopping system, but customers are responsible for any costs incurred, including any charges imposed by their internet service provider. Sea Moss NZ may, at its sole discretion, and without prior notice to you suspend or terminate the ability of any customer to purchase products through Sea Moss NZ’s online shopping system for any reason whatsoever.

– WEBSITE SECURITY

We will use reasonable endeavours to keep our site free from viruses and from unauthorised access. However, we do not warrant that the site will always operate uninterrupted or error-free or that any files or available links will be error-free or free from viruses, faults or defects.
We will use reasonable endeavours to prevent any unauthorised entry into the Sea Moss NZ site and service. However, no member of Sea Moss NZ will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into the Sea Moss NZ site or online shopping system, except where any member of Sea Moss NZ, or its employees or agents, have acted negligently or fraudulently.

SEA MOSS NZ’S ONLINE SHOPPING CART SYSTEM IS SAFE BECAUSE:

Sea Moss NZ’s online shopping system uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data, it is stored on a secure server behind Sea Moss NZ’s firewalls, so that your personal details are not accessible from the internet by any third party.

SAFE PAYMENT SYSTEMS

Sea Moss NZ uses “Windcave” to securely authorise debit and credit card payments before any charges are made. For further information regarding Windcave payments and how it encrypts and processes transactions, please visit www.windcave.com.

– PRICES/COSTS

All quoted prices/costs are in New Zealand Dollars (NZD) and are subject to change at any time at the discretion of Sea Moss NZ. All orders will be charged in New Zealand Dollars. The customer shall pay Sea Moss NZ for the products ordered at the price displayed at the time the order is submitted.

– NZD CURRENCY – NEW ZEALAND DOLLARS

The prices of products are displayed in New Zealand Dollars/Currency (NZD) and all orders must be paid in New Zealand Dollars/Currency ONLY.

– QUALITY OF PRODUCT

If Sea Moss NZ agrees that a product was delivered to a customer in a damaged or spoiled condition, Sea Moss NZ shall, at the request of the customer, replace or refund the value of the relevant product (as at the date on which the product was originally ordered). Sea Moss NZ requires pictures emailed of the damaged or spoiled product before replacement or refund is processed. We require notification within 48 hours of receiving your gel. All gels have a shelf life of 3-4 weeks, therefore, due to the nature of this type of product, Sea Moss NZ has the sole discretion to issue refunds or replacements.

– AVAILABILITY OF PRODUCT

We will endeavour to fulfill orders placed with Sea Moss NZ’s online shopping system, however, no staff member of Sea Moss NZ shall be liable to any person if Sea Moss NZ is unable to or declines to supply a product for any reason whatsoever.
Sea Moss NZ reserves the right to limit quantities able to be ordered by, or delivered to, customers. If a customer’s order is reduced in accordance with this clause, the price payable by the customer for that order will be adjusted accordingly.

PAYMENT

– METHODS OF PAYMENT

The only methods of payment that our Customer MUST pay for the products purchased are by:

• Direct Bank Payment – Online Banking
• Windcave – Credit or Debit Card. Visa or Master Card 
• Afterpay

Sea Moss NZ’s online shopping system does not accept cash, cheque, voucher or any other form of payment other than direct bank payment, windcave or afterpay.

Please note we are not able to accept cash payments or pick-ups in person. There are no EFTPOS facilities on site.

PAYMENT BY CREDIT/DEBIT CARD

If a customer’s card is declined by its financial institution, delivery of the relevant order will not be made. Sea Moss NZ can be contacted by the customer to make alternative payment arrangements. Sea Moss NZ reserves the right to refuse to accept payment from any particular customer by credit card for any reason whatsoever.

DIRECT BANK PAYMENT – ONLINE BANKING

Only Direct Bank Payments made to Sea Moss NZ, ANZ Bank Account will be accepted. The customer receives an email advising the order is ‘on hold’ until funds are deposited into our chosen bank account. Sea Moss NZ only hold orders for 24 hours, if no funds are deposited, the order will be cancelled.

Adjustments

If a customer is invoiced an incorrect amount for any product ordered, Sea Moss NZ shall be paid by, or refund to, the customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.

CHANGE TO PAYMENT POLICY

Sea Moss NZ may change at any time the way in which a customer can pay for products.

Orders & Delivery

– Shipping

Please note all orders will be shipped or delivered by our chosen courier company, New Zealand Post. We DO NOT allow pick-ups from our registered address.

Postage and handling charges are calculated when completing the order online or via email.

All our orders are carefully packed for safe delivery. Please be advised transit occurrences can happen and these are out of our control.

Please be advised ALL orders are made fresh, please allow 2-3 days for processing before shipping. 

Please be advised if an order is returned to sender due to goods not being claimed within the courier’s required time frame, or an incorrect shipping address has been provided by the customer, Sea Moss NZ is not accountable for any such occurrences and/or incorrect details provided by the customer, therefore, we are not liable for any replacement or refund.

ONCE YOUR ORDER HAS BEEN SHIPPED IT CANNOT BE CANCELLED.

If an order is not delivered within the expected time frame we can open an investigation with the relevant carrier to locate the parcel. Please note we cannot resend/refund the order until the investigation is complete and the parcel is either located or officially classified as lost.

If an ATL (Authority To Leave) is requested, Sea Moss NZ cannot accept responsibility for missing packages.

WITHIN NEW ZEALAND:

New Zealand Post Limited is our chosen approved carrier. NZ Post has available track n trace on all packages within New Zealand.

We do not currently send orders to any other country other than within New Zealand. 

– Change of Address

The customer shall notify Sea Moss NZ immediately with any change of delivery address.

Once an order has been despatched, Sea Moss NZ will not be held accountable for any incorrect delivery addresses.  We will, however, attempt to retrieve or re-direct the destination route at the customer’s expense.

– Delays to Delivery

Notwithstanding any other terms, no member of Sea Moss NZ shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Sea Moss NZ or otherwise.
If Sea Moss NZ considers that the delivery of a customer’s order is likely to be substantially delayed, Sea Moss NZ may, but shall not be obliged to, contact NZ Post or the customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the customer, the customer may cancel the order, without incurring any fee for doing so.

– Incorrectly or Undelivered Products

If any product delivered does not correspond with a product ordered, the customer may:
(a) keep the incorrectly-delivered product, in which case no adjustment will be made to the payment due from the customer for the order containing the incorrect product; or
(b) reject the incorrectly-delivered product, in which case Sea Moss NZ will, at the request of the customer, either replace that product with the product that was originally ordered, or refund the value of the product that was originally ordered (as at the date on which the order was placed).
If a customer chooses to reject an incorrectly-delivered product in accordance with sub-clause (b) above, Sea Moss NZ reserves the right to collect the incorrectly-delivered product from the customer. If the customer is unable, or refuses, to deliver up the product when requested, Sea Moss NZ reserves the right to charge the customer for that product.
If a customer has been charged for a product that has not been delivered, if the product is in stock, Sea Moss NZ will, at the request of the customer, re-deliver that product at no extra charge to the customer. Alternatively, the customer may cancel the order of such product (or if the product is out of stock Sea Moss NZ may cancel the order for that product) (in each case without incurring any cancellation fee), and Sea Moss NZ will refund the value of the relevant product (as at the date on which the product was ordered).

– Changing or Cancelling of Orders

Once an order has been shipped, it cannot be cancelled.

– Replacements & Refunds

If an item/order is received damaged, we must be advised immediately. Please e-mail details of your claim to info@seamoss.co.nz. The following options will then be made available:

Replacements: if a replacement is required, it will be despatched within the next fresh batch subject to availability. Processing times are required before the replacement is despatched. 

Refunds: if a refund is required, it will be provided according to the original payment method.

Returns and Exchanges are NOT permitted. Please choose carefully. BULK, Wholesale orders when applicable cannot be returned. 

Liability & Indemnity

– General

Subject to any statutory rights available under law, including under the Consumer Guarantees Act 1993, Sea Moss NZ shall not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a product or any other breach of Sea Moss NZ’s obligations hereunder.

No member of Sea Moss NZ shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the customer’s use of, or inability to use, Sea Moss NZ ‘s online shopping system, or the delivery or failure to deliver any products.
Notwithstanding any other term, the customer agrees to indemnify each member of Sea Moss NZ against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of Sea Moss NZ, as a result of any breach by the customer of these terms and conditions, or caused by the customer.

– Force Majeure

If the performance by Sea Moss NZ of its obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever) beyond the reasonable control of Sea Moss NZ. Sea Moss NZ shall be excused from such performance to the extent of such prevention.

Property Intellectual

– Copyright

All rights pertaining to website content are reserved. Permission to copy electronically and to print in hard copy sections of this website is granted for the sole purpose of placing an order with Sea Moss NZ or using this website as a shopping vehicle. Any other use of the material on this website, including reproduction for the purposes other than the above, modification, distribution or replication, without written permission of Sea Moss NZ is strictly prohibited.
Access to the Sea Moss NZ website is granted only for the purpose of accessing the services provided. Under no circumstances may any individual alter any part of the website. No part of this website may be reproduced for any reason, nor may any parts of the site be displayed anywhere apart from seamoss.co.nz unless written permission has been granted by Sea Moss NZ. (This includes logos, trademarks or registrations.) Users are granted access to this site under the condition that they will not interfere, or attempt to interfere with any of the content.

– Links to and From Other Websites

Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Sea Moss NZ. Sea Moss NZ does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a “third party website” is any website other than www.seamoss.co.nz.
The customer agrees that it will not create a hyperlink to Sea Moss NZ’s website without express written permission. If a customer does create a hyperlink to the Sea Moss NZ website, that customer is responsible for all losses any member of Sea Moss NZ may suffer as a result of that link, whether direct or indirect. Linking the Sea Moss NZ website is at the customer’s own risk. The customer agrees that they shall not frame any part of the Sea Moss NZ website by including advertising or other revenue generating material.

Social Media Competitions or Promotions

Competition terms and conditions can be found associated with each promotion on our competitions page or social media. Any and all prize winners are only valid within New Zealand. Any and all prizes will be couriered within New Zealand only. We do not ship internationally. Consumers may enter any and all promotions or competitions overseas, however, prizes will only be couriered within New Zealand, therefore a New Zealand shipping address must be given at all times, no exceptions.

Consumer Guarantees Act

The customer acknowledges that where the products are ordered for business purposes (as the term “business” is defined in the Consumer Guarantees Act 1993 (“CGA”)), the provisions of the CGA shall not apply to the sale of the products by Sea Moss NZ.
The customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.

Variations of Terms & Conditions

Sea Moss NZ reserves the rights to vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of Sea Moss NZ’s website after the terms and conditions have been changed indicates your acceptance of those changes.

Governing Law

New Zealand law governs the use of Sea Moss NZ’s website and these terms and conditions.