Terms and Conditions
“COMPANY” means Footbionics Limited, “CUSTOMER” means the any person, company, organisation, or practice who has registered their business with the COMPANY; and /or ordered or received the COMPANY’S goods. “GOODS” refer to any products supplied by the COMPANY to the CUSTOMER.
- Conditions: The placing of an order with the COMPANY shall constitute acceptance of these terms and conditions.
- Prices: Prices are subject to alteration without previous notice. All GOODS will be charged at the price stated at the date of order. Pricing is indicated both on the COMPANY’S order form or indicated to the customer online. All prices quoted are exclusive of sales tax, which will be charged at the current applicable country rate at the time of order.
- Orders and Delivery: Orders are to be placed with the COMPANY by fax, email, phone, or directly via the COMPANY’S website. CUSTOMERS placing an order online will receive an email confirmation that the order has been placed.For New Zealand customers the COMPANY will attempt to dispatch all orders received before 2pm on the day of order, by either same day post or courier service. Orders received after 2pm will be dispatched the following working day. Whilst the COMPANY attempts to provide a same day dispatch/next day delivery service this cannot be guaranteed. For international customers the COMPANY will attempt to dispatch all orders within 3 working days, for orders received before 12pm on the day of the order. The COMPANY takes no responsibility for non-arrival, short delivery or damage of any GOODS, unless notified within 10 working days of receipt of invoice, and/or date of placing the order. The COMPANY will always attempt to deliver the whole quantity of GOODS ordered by the CUSTOMER. Any GOODS not in stock will be placed on backorder to the CUSTOMER. These will be dispatched to the CUSTOMER as soon as they become available. The CUSTOMER may not reject the order because of short delivery. Delivery to New Zealand Customers will be free for orders over $100. Orders below this amount will incur a freight charge of $7.00 (GST exclusive). Delivery to UK Customer’s will be free for orders over £200. For orders below this amount will incur a freight charge of £12 (VAT exclusive). These conditions apply to mainland UK accounts. A higher freight charge may apply to rural or remote deliveries.
- Receipt of goods: Upon receipt of the GOODS the CUSTOMER shall notify the COMPANY of any apparent damage, defect or shortage of the GOODS within 2 days following delivery. The COMPANY will replace or refund items, which have been incorrectly supplied, provided that the CUSTOMER notifies the COMPANY in writing or by telephone within this time.
- Payment: Payment for GOODS may be made via cash, cheque, credit card, direct credit, TT, online (via the COMPANY’S website). For all accounts, CUSTOMERS must first provide a completed credit application form, which must be approved by the COMPANY. Orders placed by all UK CUSTOMERS will be subject to payment in advance of dispatching of GOODS. For all accounts, payment is due on the 20th of the month following the date upon which the CUSTOMER receives the goods.The COMPANY reserves the right to charge interest on all overdue accounts at the rate of 3% per month. Interest shall be calculated and payable on a monthly basis for every month or part month during which any amount remains unpaid. The COMPANY will apply such overdue payments made by the purchaser first towards any interest, and then towards any overdue amounts owing by the CUSTOMER. The COMPANY reserves the right to withhold shipment of pending orders for overdue accounts.
- Title: From the time of deliver GOODS shall be at the risk of the CUSTOMER. Title in the GOODS shall pass to the CUSTOMER only when the COMPANY receives full payment for the GOODS; and any outstanding amounts owed by the CUSTOMER to the COMPANY.
- Returns: GOODS returned for credit or exchange will not be accepted without prior agreement. The GOODS invoice number and product code/s must be stated otherwise a full credit cannot be issued. All returned GOODS must be in resalable condition as deemed by the COMPANY and received within 28 days of the original order date. GOODS being returned due to no fault of the COMPANY will incur a handling charge of 20% of the goods value. Defect GOODS will be replaced or credited at the discretion of the COMPANY.
- Warranty: All GOODS sold by the COMPANY to the CUSTOMER are warranted against defect. Any defect identified must be immediately notified to the COMPANY. If the defect is proved to be due to defective materials or workmanship the COMPANY will agree to replace the GOODS at its option free of charge. GOODS with alleged defects should not be returned to the COMPANY without approval of the COMPANY. The COMPANY shall not be liable for any loss or damage suffered by the CUSTOMER or any Third Party.
- Liability: The COMPANY shall not be liable for any loss arising from the fact that the CUSTOMER is not suitably qualified to supply or otherwise use the GOODS purchased. All GOODS supplied by the COMPANY are to be used by suitably qualified persons.
- Indemnity: The CUSTOMER shall indemnify the COMPANY against all actions, claims or demands by Third Parties whether in tort or otherwise howsoever arising directly or indirectly in connection with the use, functioning or state of the GOODS (or in connection with the performance of services).
- Product Development: The COMPANY constantly refines and develops its GOODS. The COMPANY reserves the right to make changes, improvements and to discontinue products without prior notice.
- Termination: The COMPANY shall be entitled to terminate any order if the CUSTOMER is in breach of any of the terms or conditions, or if the CUSTOMER is unable to make payment for any overdue accounts it may have with the COMPANY.
- Customer’s Responsibilities: The CUSTOMER shall ensure that they do not offer GOODS for resale through their own or third party internet sites without first seeking approval from the COMPANY. The COMPANY’S GOODS are for designed for use for podiatrists and allied medical professionals. The GOODS are a prescribed product to be issued during the patients’ consultation. As such the GOODS are not intended to be a off the shelf item offered for sale without a consultation.
- Force Majeure: The COMPANY shall not be liable in any way for loss, damage or expense arising directly or indirectly from any failure or delay in performing any obligation under these Terms caused by any circumstance beyond its reasonable control, which shall be deemed to include without limitation industrial action, trade disputes, strikes, lockouts, whether or not the COMPANY or the CUSTOMER are directly involved, Act of God, explosion, flood, tempest, fire or accident, war, threat of war, civil disturbance, power failure or breakdown in machinery, Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
- Disputes: If any dispute arises in connection with this Agreement, the parties will attempt to settle it by mediation. Unless otherwise agreed between the parties, an independent party will nominate the mediator. To initiate the mediation, a party must give notice in writing to the other party to the dispute requesting mediation. No party may commence any legal proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation.
- Waiver: No waiver by the COMPANY or any breach of the CUSTOMER'S obligations hereunder shall constitute a waiver of any other prior or subsequent breach or obligation and the COMPANY'S rights shall not be affected by any delay, failure, forbearance or omission in enforcing any obligation of the CUSTOMER.
- Ecommerce transactions: The COMPANY uses Payment Express to process online credit card transactions. Payment Express take payment security seriously. They have robust encryption measures in place, so when you are using any one of their E-commerce payment methods, you will always have peace of mind that card holder data is never breached. For more information visit https://www.paymentexpress.com/security
Footbionics Limited, 140 Cavendish Road, Casebrook, Christchurch 8051, New Zealand. Tel: (+64) 33550-669 Fax: (+64) 33550-668, GST Registration No. 84-709-735, NZBN: 9429036106318