Terms of service

General
Welcome to the Vital Glasses website, operated by Vital Limited, trading as Vital and located at www.vitalglasses.co.nz

Throughout the site, the terms “we”, “us” and “our” refer to Vital.  The following terms and conditions (“Terms”) govern your use of the Vital Website (“ the Site”).

By accessing, viewing, or using the content, material, goods, or services available on or through the Vital Website, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy.

You further certify that you are at least the age of majority in your place of residence, and that you have all the necessary rights, power, and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Site or any content, material, goods, or services made available on or through the Site (collectively, the "Goods") signifies that you fully accept and agree to these Terms of Use.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Contacting the Site
If you have any questions about Vital’s Site Terms and Conditions or any of the Vital practices, you can contact us office@vitalglasses.co.nz

Account Registration
When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by vital or its third-party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.

Any personal information that you provide to us via the Site is subject to our Privacy Policy.

Purchases
Some goods or services made available through the Site may be available for purchase. By purchasing goods or services made available through the Site, you represent that you have reached the age of majority and have the legal capacity to enter into a contract as per the country you reside in or from where you are accessing the Site. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. VITAL may use a third-party payment processor to process credit card transactions made through the Site. All sales are subject to our shipping and return policies, which shall be made available to you on the Site (and within these Terms). All refunds are at Vital’s sole discretion.

All prices that appear on the Site and in these Terms are in New Zealand Dollars (NZD) and are inclusive of New Zealand Goods and Services Tax (GST). For any shipping costs for orders to be delivered within New Zealand or Australia, please refer to our Shipping information page.

Cancellation of Order / Refund Policy
We offer returns/exchanges on unused goods within 14 working days from the date of receiving the goods.  Please see our terms and conditions for cancelling an order, returning or exchanging goods here

General Restrictions on Use
You agree to use the Site and the Goods only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and the Goods for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.

You will not (and will not attempt to):
Access any of the Site or the Goods by any means other than through the interface that is provided by Vital;
Gain unauthorized access to Vital’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Goods, Vital’s networks and computer systems;
Access any of the Site or the Goods through any automated means or with any automated features or devices (including use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Goods for any purpose; and
Reproduce, duplicate, copy, sell, trade or resell any goods or services bearing any trademark, service mark, trade name, logo or service mark owned by Vital in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Content
Vital owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. All names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Vital or its affiliates, licensors, distributors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate relevant trademark laws. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.

Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Vital on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Vital, you grant Vital a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Vital shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.

Intellectual Property
We (and in some circumstances, our licensors and/or distributors) own all proprietary and intellectual property rights in the goods, the Site (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) and the underlying systems. You must not copy, reproduce, adapt, translate, reverse-engineer or make derivative works from the whole or any part of: the goods or their underlying designs or technology; or the Site or the underlying systems.

Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, goods, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to, or remove any comments, site content, or the site, including information submitted in connection with the site content or other features at any time, with or without notice in our sole discretion.

Disclaimers and Warranties
Vital reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Vital is not liable to fulfil the order in case of stock outage or unavailability of goods. We have made every effort to display as accurately as possible the colours of our goods that appear at the Site, but we cannot guarantee that your computer monitor's display of any colour will be accurate.

Vital expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, goods, site content, advice, information, or links provided on the Site will meet your requirements; ((ii) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.

You understand that the technical processing and transmission of any site content and comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Vital assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Site.

No conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Site Content and/or the Goods except to the extent that they are expressly set out in these Terms.

Product Warranty and Repairs
Goods purchased from Site carry the full 12 month manufacturer’s warranty. Our manufacturer’s warranty is a promise to repair or replace a faulty product within a set time period of 12  months from date of purchase on this site. This covers any faults caused by the way the product has been made.  Please see our FAQ page for more info. 

Any damage or deterioration resulting from accident, misuse, failure to follow care instructions or neglect is not covered under our manufacturer’s warranty.

All 12 month manufacturer’s warranty will be honoured under the following provisions: (i) you must keep your original receipt as proof of purchase; (ii) no unauthorised repairs or parts have been conducted or used on the goods prior to the warranty claim; (iii) warranty returns must be securely packaged to prevent damage during transit.

Within 12 month warranty period:
Before returning goods to Vital for repair under warranty, you must contact Vital via email at office@vitalglasses.co.nz. Vital will respond with instructions on how to proceed. Any repairs covered by the product warranty stated above will be covered by Vital.  If we identify that your item can not be repaired, and it falls within the warranty stated above a replacement will be offered.

Outside 12 month warranty period:
If any goods fall outside of the warranty period, we cannot repair or replace the item for you.  

Limitation of Liability
IN NO EVENT WILL VITAL BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL VITAL’s  LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF VITAL AND ITS LICENSORS AND DISTRIBUTORS SHALL NOT EXCEED THREE TIMES THE VALUE OF THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.

Without limiting the foregoing, you understand and acknowledge that VITAL shall not be liable to you for:

Any losses which may be incurred by you arising out of your use of, or inability to use, the Site or the Goods, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or

Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site or the Goods; (ii) any changes that Vital  may make to the Site or Goods, (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site; (iv) the use of any goods or services obtained on or through the Site; or (v) any other matter relating to the Site, the Goods, the Site Content, or the Comments.

The limitations on Vital’s liability to you in this Section 11 shall apply whether or not Vital has been advised of or should have been aware of the possibility of any such losses arising.

IF YOU ARE DISSATISFIED WITH THE SITE, THE GOODS, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE GOODS.

Indemnity
You agree to defend, indemnify and hold harmless Vital, its officers, directors, members, employees, agents, affiliates, licensors, distributors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Site and the Goods; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing this Site using your Internet account or account login. This defence and indemnification obligation will survive these Terms and your use of the Site and the Goods. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defence. You may not settle any claim contemplated in this Section 12 without the prior written consent of Vital.

Links to Other Sites
The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Vital has no control over these websites and that these Terms of Use do not apply to any third-party websites. Vital cannot be held responsible for those websites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those websites or external sources. Vital encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Vital by email at office@vitalglasses.co.nz with a detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Law and Jurisdiction
These Terms are governed by and construed in accordance with New Zealand law.

Any disputes relating to a contract under these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Suspension and termination
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Site (or any part of it). If you wish to have your account deleted, please contact us at office@vitalglasses.co.nz. On suspension or termination, you must immediately cease using the Site and must not attempt to gain further access.

Miscellaneous
These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Vital and govern your use of the Site, the Goods, and any transactions you may have with Vital through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Vital in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms of Use shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Vital may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Vital will make a new copy of the Terms of Use available on the Site. You agree that Vital is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that if Vital does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Vital has the benefit of under New Zealand law), this will not be taken to be a formal waiver of Vital rights and that those rights or remedies will still be available to Vital. If the courts of New Zealand, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

The Site is controlled and operated from within New Zealand. Without limiting anything else, Vital makes no representation that the Site, Site Content, Comments, services, goods, information, or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.

We will not file a copy of these Terms specifically in relation to each customer and, if we update these Terms, the version to which you originally agreed to will no longer be available on our Site. We recommend that you consider saving a copy of these Terms for future reference.

These Terms are available in the English language only.