Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by Community Health Stores (Community Health Stores (CHS) Limited), "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.commuityhealthstores.co.nz ("the website"). They are effective from 21 December 2023 and will replace all earlier Community Health Stores (CHS) 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 by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept the following credit cards: Visa, MasterCard and American Express
We also accept payment from your PayPal account if you have one.

Credit Card Security

All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.

Click here to for PayPal's terms.
https://cms.paypal.com/nz/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US

Shipping and delivery

Returns policies vary significantly from one retailer to the next and can be vastly different across industries. Therefore, we have not provided you with a shipping and delivery policy template and we recommend you create your own.

Here are some ideas to include in your shipping and delivery terms

- Shipping Costs and Calculations. How is shipping calculated?
- Explain that shipping is calculated once the customer has entered their shipping details
- Delivery time, how long does it take for you to ship the goods to the customer? How much time should it take for the order to arrive with the customer?
- Shipping and delivery days. What days do you ship?
- How to track an order

Returns

All retail Website hosted by Rocketspark must have a returns policy.

Returns policies vary significantly from one retailer to the next and can be vastly different across industries. Therefore, we have not provided you with a returns policy template and we recommend you create your own and we recommend you seek your own legal advice.

To create your own policy we recommend you consider the following elements:

- Applicable consumer laws in New Zealand including the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. Check out: https://www.consumerprotection.govt.nz/general-help/ways-to-buy-and-pay/online-shopping/.
- Will change of mind refunds be given?
- Do you allow exchanges where customers change their minds?
- What written warranty will you provide (i.e. in addition to Consumer Guarantees Act guarantees)?

It is important that you make sure that you do not mislead people about inalienable rights, including Consumer Guarantees Act rights for many consumers. You should not say "no refunds" because in some circumstances the law will require you to give a refund. The NZ Ministry of Consumer Affairs suggests the following wording about change of mind refunds:

"We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy."

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Privacy policy and Confidentiality

Updated December 2023

Thank you for visiting the communityhealthstores.co.nz website.

Every day people visit our websites, engage with our social media channels and purchase products and services from us. We want to help you understand the data that we collect from you and how we use it, and how you can control this information.

Your privacy is important to us. Community Health Stores (CHS) Limited is a group of individually-owned and locally-operated retail stores for natural health care products and services, owned and operated in New Zealand.

Whenever CHS collects and uses personal information from you, we comply with New Zealand's Privacy Act to protect your privacy. This Privacy Policy tells you what information we collect, and how we use that information, who we share it with, and how we protect that information. It includes sections on:

• privacy law in New Zealand;
• the data we collect and how we use it;
• how our business relies on data;
• how we deal with personal information.

By continuing to use this website, you are accepting and consenting to the practices described in this policy.

Some key things to know:

1. This privacy policy describes how CHS Limited (we, us or our) collect and use data, including personal information when you use our services, such as:

• subscribe to email newsletters and web forms;
• Visit communityhealthstores.co.nz and group member websites;
• Follow our social media channels;
• where you are a participant of an event;
• anywhere we gather information from you and refer you to this privacy policy.

2. We aim to explain the rights and choices you have in relation to personal information that we collect and process about you.
3. Information you post on our website will be publicly available for use by us and any third party using our services.
4. Our Cookies Policy provides more information on how we use cookies. You will find information about how you can manage your device and browser preferences, and opt-out of certain types of tracking.

Privacy law in New Zealand

Our data practices are subject to the New Zealand Privacy Principles contained in the Privacy Act 2020 (the Privacy Act).

What data do we collect?

Data provided by you

We may collect, store and process data, including personal information provided by you when accessing or using our websites, social media channels and services, such as information collected from you: personal information provided by you when you interact with us, such as when you register to use our services, when you purchase a product or service from us, when you are a participant at an event or promotion managed by us, or customer surveys.

• We use your personal information to allow us to provide the services you ask us for.
• We will only share your information with other companies if it is necessary to provide our service to you (for example, to deliver products we will need to share your address with a postal service). We share the minimum amount of information for the relevant purpose. Those we share your information with are not allowed to use it to try to sell their own services to you.
• We do not sell, provide, or allow your Information to be viewed by any person not engaged or employed by us without your prior consent.
• We will only send you information about our own products and services and those of group companies and selected partners if you have given us permission to. If you choose not to receive this information, you may miss out on specials, and offers.
  

Data created by using our services

We may collect, store and process data when you are using our websites, apps and services, such as:

1. Device and location information: we may also collect anonymous data (which is not personal information) relating to your activity on our websites and mobile applications (including your IP address, your location, your operating system, your browser, your device language, the URLs of any pages you visit on our sites and apps, device identifiers, advertising identifiers, and other usage information), aggregated data. More information is detailed in our Cookies Policy;
2. Usage information: anonymous information collected through cookies and other tracking software. More information is detailed in our Cookies Policy.
   

How we use the data we collect

Providing you with goods and services

We collect personal information from you in a number of ways, mainly when you buy goods or services and from the way you use our website.

This personal information may include your name, date of birth, delivery and billing address, email address and phone numbers. We will use this personal information to help us meet your order; deliver the goods and services to you and to give you the information you need to track your order.

Getting to know you better

We also collect information about our customers and prospective customers to help us get to know you better and to enable us to provide better service.

We will use this information, as well as the other information we collect about you, to improve the quality of our website, as well as improving the personal information we hold about you. This helps us to understand you, so we can send you marketing messages that should be relevant to you (unless you have told us that you do not want to receive marketing material).

We will also put this information (which does not identify you) with other information so that we can use all the information we have to help us understand our customers and prospective customers better, including helping to predict which of our services may be of interest to them. We may share your information with our marketing service providers to help us identify prospective customers.

Please note that we will only send you marketing information about our own products and services and those of our group companies and selected partners, if you have given us permission to do so (you have to tell us if you want us to send you marketing information). We will not sell your information to anyone else, for any reason.

Our service providers

Sometimes we use other service providers to help us provide our services and improve them, including:

• delivering your orders and providing emails or texts to track your order;
• sending marketing material;
• carrying out market research; and
• helping us to analyse anonymous information about customers.

Where we need to share information with our service providers, we give them only the minimum amount they need to provide services to us and you. Those we share your information with are not allowed to use it to try to sell their own services to you. They are all bound by privacy policies.

Information we receive from other sources

We may receive information about you if you use any of the other websites we operate (for example a website for an individual CHS store) or the other services we provide.

We also work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, and search information providers) and may receive information about you from them. We may also collect information about you from publicly available sources, including publicly available content on social media, always with the aim of improving your service to you.

When using our website

We may collect information about you as you are using our website, such as information about your browser, your location, country you are visiting from, IP address, which areas of our website you visit and what links you click on etc. We may use the information we collect about you, after making it anonymous, to create statistics which we then share with others including ad networks, search engines and providers of analysis services.

Marketing

By agreeing to our privacy policy, you are agreeing to allow us to contact you about products and services which we think you would be interested in, and to let you know about relevant offers and news. CHS will share the data provided by you to third parties (as disclosed in our Cookie Policy) in order to communicate to you via our various marketing channels, analyse behaviour on our website and understand your data.

If you no longer want to receive marketing information in a particular way, or receive any marketing at all, you can change your mind at any time. You can change your preferences by contacting us, or by using an unsubscribe link at the end of every email we send.

How do we disclose your personal information?

Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.

We may disclose your personal information to:

• affiliates: our employees, related bodies corporate and affiliated companies for use as described in this Privacy Policy;
• service providers: contractors or external service providers for the operation of our websites or our business, fulfilling requests by you, and otherwise provide products and services to you, including without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, and professional advisers such as accountants, solicitors, business advisors and consultants;
• business partners: our existing or potential agents, business partners or joint venture entities or partners;
• sponsors: our sponsors, or promoters of any competition that we conduct or promote via our services;
• authorised third parties: specific third parties authorised by you to receive information held by us. We do not provide your personal information to other organisations for the purposes of direct marketing unless expressly authorised by you;
• regulatory bodies: the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;
• as required or permitted by any law (including the Privacy Act); or
• with your consent.

What happens if we can't collect your personal information?

If you do not provide us with the personal information described in this policy, some or all of the following may happen:

• We may not be able to provide you with the products or services you requested, either to the same standard, or at all;
• We may not be able to provide you with information about products and services that you may want, including information about discounts sales or special promotions; or
• We may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.

How long will we store data?

The duration we store information varies depending on the purpose for which we collected the data. We will only hold your personal information for as long as necessary in keeping with the Privacy Act.

When we no longer require personal information, then we may delete or anonymise your data by deleting the identifying details.

Will your personal information be disclosed outside New Zealand?

Community Health Stores (CHS) Limited is a registered New Zealand company. We may disclose personal information to our related bodies corporate and external service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information and protect and handle your information with comparable safeguards to that of the Privacy Act 2020.

We may disclose your personal information to entities located outside of New Zealand, including the following:

• data hosting and Cloud-based IT service providers;
• other external service providers located in India, the Philippines, Australia and U.S.; and
• other third parties operating in jurisdictions including China, India, Singapore, New Zealand, Hong Kong and the United States where you have authorised us to do so.

Security

We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access.

Our website may contain links to third parties' websites. We are not responsible for the privacy practices or content of those websites.

This privacy policy applies only to personal information we collect from you through our website or in our dealings with you. We recommend that you check our cookie policies to help you understand how you can control sharing your personal information.

If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.

Managing personal information

You control the personal information that you share with us and the communications you receive from us. Importantly:

• you can access and correct your data at any time;
• you can contact us at privacy@communityhealthstores.co.nz for any privacy questions or concerns;
• you can unsubscribe from any emails or newsletters by using the "unsubscribe" function provided in the email.

1. Access and correct your personal information
Under the Privacy Act you have rights of access and correction to any personal information we hold or process about you. You can contact us at any time using the Privacy Officer contact details below to request a copy of the personal information we hold about you or request a correction to that personal information.

2. Deletion
If you would like to delete your account or request that CHS delete any other personal information we hold about you, please contact our Privacy Officer using the contact details below or, where applicable, by using the account edit function provided.

If you request it, we will delete or anonymise your personal data so that it no longer identifies you, unless:

• we are legally required to maintain certain personal data, such as to meet our legal, tax or accounting purposes;
• where there is an unresolved issue relating to your services you received from us, we will retain data for as long as necessary to resolve the dispute; or
• where you wish to continue receiving services from us.

3. Controlling the data we receive
You can control the information collected when using our online products and services by managing your browser or device settings. For more information please see our Cookies Policy.

4. Additional information
If you believe your privacy has been breached by us, have any questions or concerns about our Privacy Policy please, contact us using the contact information below and provide details of the incident so that we can investigate it. We may contact you during the process to seek any further clarification.

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

How will this policy change?

We may, from time to time, review and update this policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy, and will always be available in this article, with the most recent update recorded at the top of the page. By continuing to access or use our services after those changes become effective, you agree to be bound by the revised Privacy Policy.

Contact information

Please contact our Privacy Officer at:
Privacy Officer
Community Health Stores (CHS) Limited
Post: 83B Tristram Street, Hamilton Central, Hamilton 3204
Email: marketing@communityhealthstores.co.nz

COOKIE POLICY

WHAT ARE COOKIES?
A cookie is a piece of data that a website places on your browser when you visit the website. A cookie can store a range of information.

When you visit our site, we may use cookies and other technologies to automatically collect the following information however not limited to:

• Technical information, including your IP address, your login information, browser type and version, device identifier, location and time zone setting, browser plug-in types and versions, operating system and platform, page response times, and download errors;
• Information about your visit, including the websites you visit before and after our site and products you viewed or searched for;
• Length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
• Emails that we send as part of our marketing programs use clear gifs (web beacons). These tell us whether the email has been opened. Web beacons can be turned off by not "enabling images" in an email.

We use cookies and other automated means to help you navigate our website efficiently and to perform certain functions, including site traffic analytics, and security and fraud prevention.

Cookies may also recognise you and offer you content and advertising tailored to your preferences and interests. Cookies do not compromise the security of a website.

We use various technologies to collect this information, including cookies and web beacons, and when we say "cookies" we mean all of these technologies. Note that disabling some cookie categories may impact your experience of our site.

Cookie Domain Description
communityhealthstores.co.nz

All Cookies are leveraged to provide site functionality, analytics and advertising and profiling to ensure you get the best experience possible.

IF YOU WANT TO MANAGE COOKIES
If you don't want to receive cookies, you can modify your browser setting, so that it notifies you when cookies are sent to it, or you can refuse cookies altogether. You can also delete cookies that have already been set.

The help function within your browser should tell you how to do this.
Alternatively, you may wish to visit www.aboutcookies.org, which contains comprehensive information on how to refine or remove cookies on a wide variety of desktop browsers.

PROMOTION OR COMPETITION RULES

Definitions:
'Community Health Stores (CHS)' means all stores operating as part of the Community Health Stores (CHS) Limited group including but not limited to Lemon Tree Organics, Way of Life, Tonic Health stores, The Herbal Dispensary, Bethlehem Health Shop, Gate Pa Complete Health Shop, Plum Organics, The Health Shop in Center City, and Health For Life stores and all brands and operating companies controlled by or associated with those entities.

The 'Promoter' is Community Health Stores (CHS) Limited

'Disqualified Participants' are:
A. all CHS employees, all employees of participating sponsors or promoters and/or their 'Immediate Families';
B. all people under the age of 18 years where the prize incorporates air travel or any other element which would be illegal to supply to a person under the age of 18 years without a parent or guardian's consent.

'Immediate Families' include spouses, grandparents, parents, children, and grandchildren whether by marriage, past marriages, remarriage, adoption, cohabitation or other family extension.

Entry

1. These Promotion or Competition Rules ('the Rules') apply to all Community Health Stores Promotions or Competitions (collectively 'the Promotion') by means of any medium – print, phone, or online. The Rules may change from time to time.
2. If a particular Promotion has specific rules or terms those specific rules will apply if there is any inconsistency with the Rules.
3. Unless otherwise stated in the abovementioned specific rules or terms, registration, entry or vote is limited to 1 per person. Where multiple registrations, entries or votes are acceptable, each must be made separately.
4. Entry into the Promotion is deemed to be acceptance of the Rules and confirmation that the entrant has the necessary authority (for example from the bill payer or owner of a telephone) to enter the Promotion.
5. The Promotion is open to New Zealand Residents only. Disqualified Participants may not enter in the Promotion.
6. Community Health Stores reserves the right to exclude any person from participating in the Promotion on reasonable grounds.
7. Community Health Stores reserves the right to refuse to award any prize to an entrant who Community Health Stores decides (in its sole discretion) has violated the Rules, gained unfair advantage in participating in the Promotion or won using fraudulent means.
8. By participating, entrants grant Community Health Stores exclusive permission to use their names, characters, photographs, videos, and likeness in connection with the Promotion and for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.
9. All entrant personal details must be valid and up to date and will be held by Community Health Stores and may be used for the purpose of the Promotion and for future promotion and marketing purposes in accordance with Community Health Stores Privacy Policy unless otherwise directed by contestants at the time of entry.
10. Personal information provided at the time of entry is presumed to be true and, in the case of email notification – active, through to and beyond the date of the Promotion's completion.
11. Only the person who originally entered the Promotion can be awarded the prize ('the Winner').
12. The Winner will be determined either by random draw or judged on criteria of the competition.
13. The Judge's determination of the Winner will be final and no correspondence will be entered into.
14. The Winner will be notified by email, phone (voice or text), mail or in person. Where attempts to contact the Winner fail (e.g. when the Winner cannot be contacted after three attempts by phone/text, email or mail sent is returned) the Judge will select another winner. If, after successful notification, the prize is not collected within two months of being announced it will be regarded as forfeit. (Note: 3 attempts to contact the Winner will include individual calls to any numbers provided at the time of entry.)
15. The prize is not redeemable for cash or transferable, unless the contestant wishes to transfer the prize to a charity of their choice. No other family members, friends, office associates or any other person will be able to participate on the Winner's behalf. In the event that the prize specified in the Competition becomes unavailable for any reason the Promoter may substitute a prize of like or equal value.
16. Where the Winner is required to claim the prize in person, they must provide proper identification (e.g. driver's license, passport, birth certificate). If the Winner is under the age of 18 years their parent or legal guardian must accompany the Winner or give their prior written consent to the award of the prize.
17. The Winner takes the prize entirely at his/her own risk and indemnifies Community Health Stores in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the prize.
18. Where the prize includes air travel and/or accommodation, either international or domestic ("the Travel Prize"):

a). The Winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities at every destination.

i. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay, will be the sole responsibility of the Winner).

ii. When the Travel Prize includes travel to or through the United States, it is the Winner's responsibility when travelling into or through (transiting included) the United States under the Visa Waiver Program to apply for an Electronic System for Travel Authorisation (ESTA) no later than 72 hours prior to departure if required. The winner must visit the US Department of Homeland Security website and fill in the required information. The cost of the ESTA is the sole responsibility of the Winner.
b). The Winner and their travelling companion (if applicable) must travel together at all times. The Winner is responsible for transport from their residence to their nearest international airport for flight departure and from their nearest international airport to their residence upon returning to New Zealand.
c). Flight tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The flight itinerary may have to be adjusted depending on the airline's departure city and their current flight schedule. Unless otherwise specified, the air travel is economy class.
d). Any changes to travel dates or additional accommodation outside the travel period specified in the Travel Prize details, made by the winner, which incur additional costs, are to be paid by the Travel Prize winner.
e). Unless explicitly stated in the Specific Rules, the Winner will be responsible for expenses including, but not limited to, spending money, meals, drinks, transport, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the Travel Prize), gratuities, services charges, passports, visas, travel insurance and all other ancillary costs associated with redeeming the Travel Prize. The Winner must obtain travel insurance to protect themselves against additional costs incurred in the event of unforeseen circumstances.
f).The Travel Prize is not transferable or exchangeable and cannot be redeemed for cash. The Travel Prize must be taken as stated in the Specific Rules and no compensation will be payable if the Winner is unable to use the Travel Prize as stated. For the avoidance of doubt, if the Winner is, for whatever reason, unable to travel on a nominated date during this period, whether the failure was due to reasons beyond the Winner's control or otherwise, then the Winner will forfeit the Travel Prize.
g). The Promoter makes no representation as to safety, conditions and other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the New Zealand Ministry of Foreign Affairs and Trade. The winner accepts the Travel Prize at their own risk.
h). All travel is subject to the terms, conditions and restrictions of the Travel Prize service providers. Any travelling companion included in the Travel Prize (if applicable) accepts the Travel Prize subject to these terms, conditions and restrictions as if references to the Winner in the relevant clauses were to the travelling companion. The Winner and their travelling companion must sign a legal release, in a form acceptable to the Promoter in its absolute discretion, if requested by the Promoter.

Community Health Stores Responsibility
Community Health Stores reserves the right to amend, vary, extend or discontinue a Promotion at any stage, for any reason.

Community Health Stores takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelled keyword, texts to an incorrect shortcode, Acts of God or otherwise.

To the fullest extent permitted by law Community Health Stores will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the prize.

Where the prize is to be supplied by an entity outside Community Health Stores control and that entity fails, for whatever reason, to supply the prize, Community Health Stores has no responsibility for the provision of the prize and is not obliged to provide an alternative prize or to take legal action to require the prize supplier to provide the prize.

Acceptance
Participation in the Promotion is deemed acceptance of these Terms and Conditions. If the Winner does not accept these Terms and Conditions the prize will be forfeited.