My Cup NZ Limited Purchase Terms and Conditions
Here you can find an overview of our terms and conditions. If you have questions, feel free to contact us with whatever is on your mind and we are happy to assist you: Phone +643972-5453
These Purchase Terms and Conditions (“Terms”) are a binding contract between My Cup NZ Limited, a New Zealand Limited Liability Company (“My Cup”), and you as a purchaser (“Purchaser”) of My Cup NZ menstrual cups and other international branded cups (the “Product(s)”).
My Cup orders are sent to you in a courier bag or NZ Post bag depending on which option you have chosen at the checkout. Any order sent by a non-tracked option is at the risk of the Purchaser if they have chosen this option at the checkout. Inside your courier bag will be your chosen cup and a contact card from My Cup.
Inside NZ: If you order My Cup products online with your delivery address inside NZ, your order will be charged in $NZ and will include GST. Your freight charge also includes GST. Prices on our website are subject to change at any time due to fluctuating international exchange rates.
Outside NZ: If you order My Cup products online with your delivery address outside NZ, your order will be charged in $NZ and will exclude GST. Your freight charge will also exclude GST. Prices on our website are subject to change at any time due to fluctuating international exchange rates.
Security & Privacy
Your payments are handled through 1) Paypal that adhere to the global Payment Card Industry (PCI) Data Security Standard (DSS) developed by the international card networks Visa and Mastercard. 2) Swipe complies with global Payment Card Industry Data Security Standards (PCI PTS 3.x). Data is SSL encrypted and securely transferred to our McAfee monitored secure servers. Both Swipe and Paypal has the purpose to deliver high quality payment systems with the best security and gives both customers ultimate data security as well as all other actors involved that are handling, transporting and storing your card information. At My Cup, we do not store credit card details nor do we share customer details with any 3rd parties.
CREDIT CARD FEES
My Cup charges a 3% credit card transaction fee and a 3% Paypal fee for every transaction paid either way by credit card online.
Delivery Times and Carrier
When your order payment has gone through, your order will be sent within the following 2-4 working days. Orders within NZ are sent via Courier Post (Tracked) OR NZ Post (Non-Tracked) depending on the choice you have made at the checkout. You should receive your package within a period of maximum 10 working days but usually you will receive it within a period of 5 working days. Orders outside the NZ are sent through NZ Parcel Post and can take up to 14 working days.
Inspection of Product
Purchaser shall promptly inspect the Product upon its arrival at the place of delivery and shall notify My Cup, within three business days, if Purchaser finds any nonconformity or defect in the Product. Upon the expiration of such three business day period with no written notice of rejection, Purchaser shall be deemed to have fully and completely accepted the Product in its entirety. Purchaser acknowledges that this right of inspection satisfies statutory, civil or common law rights of inspection under applicable law.
Taxes and VAT
Prices are inclusive of GST if delivery address is within NZ. If delivery address is outside NZ, purchaser will be responsible for paying any taxes associated with delivery to their country if needed. Purchaser shall report and pay all national/federal, regional/state, and local taxes, including any sales and value added taxes (excluding only those taxes based on net income derived by My Cup), as well as any customs fees or duties, designated, levied, or based upon import, the purchase price, or otherwise with respect to the Product. My Cup may collect from Purchaser and pay any fees, duties, charges and taxes with respect to sales of the Product made hereunder to the extent My Cup is obligated by law to do so.
- There are NO RETURNS on SALE items but if the cup is faulty and returned within 14 days of date of sale we will meet our obligations under the Consumer Guarantees Act.
- If your cup has become faulty due to your own mis-handling there is no replacement or refund offered.
- We do not offer refunds in situations where you have changed your mind once you have received your item. We feel we describe each item as accurately as possible to ensure you are getting exactly what you ordered. Please email us if you are unsure of what you are buying so we can offer you more detailed advice or explanation. Store credits will be issued in the event of a change of mind. Your cup must be sealed in its original packaging before My Cup will consider a replacement.
- If you do change your mind we are happy to exchange your item but in this case you must pay freight on the item to us and also for us to send you your replacement. Your cup must be sealed in its original packaging before My Cup will consider a replacement.
- No refunds are offered on wholesale orders unless the items are faulty on arrival to your store. Your cups must be sealed in their original packaging before My Cup will consider a replacement.
Limited Warranties and Disclaimer
My Cup sells the Products on an “AS IS” basis, which may not be free of errors or defects, and, to the fullest extent permitted under applicable law, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, WORKMANLIKE EFFORT, CORRESPONDENCE TO DESCRIPTION, DESIGN, TITLE OR NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE PRACTICE, ARE HEREBY DISCLAIMED.
Limitation of Liability; Exclusion of Consequential Damages
Notwithstanding any other provision of these Terms, to the fullest extent permitted under applicable law, My Cup’s maximum aggregate liability for all claims, liabilities or obligations arising under or relating to these Terms or the Products, regardless of the theory of liability, will in no event exceed all amounts paid by Purchaser to My Cup under for the particular Product(s) giving rise to the claim, if any. In no event will My Cup be liable for any indirect, punitive, special, incidental, exemplary, or consequential damages in connection with, related to or arising out of these Terms or the Products (including interruption of business, loss of profits, loss of revenue, loss of use, loss of consortium, or other economic or social advantage), regardless of the theory of liability, even if My Cup has been previously advised of the possibility of such damages. Liability for damages shall be so limited and excluded, regardless of the validity or efficacy of any remedy and even if any remedy fails of its essential purpose.
Purchaser agrees to properly clean and maintain the Products (including submerging the Products in boiling water for at least five minutes once every month, prior to menstruation OR submerging in Miltons solution for 30 minutes). My Cup shall have no liability for any injuries or damages to persons or property resulting from incorrect or improper use or cleaning (or failure to perform regular cleaning) of the Products.
My Cup shall not be responsible for delays or failures in its performance resulting from acts or omissions beyond its reasonable control, whatever the source or cause.
These Terms and all related disputes between the parties shall be governed by and construed in accordance with the laws of the New Zealand without regard to any jurisdiction’s conflict of law provisions.
Any disputes between the parties or claims brought by one of the parties arising out of or related to these Terms or the Products (including tort as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) shall be referred to and finally settled by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”) in effect at the time of arbitration except as inconsistent with this section.The arbitration shall be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings shall be held in Christchurch, New Zealand. The arbitrator shall apply the law specified in section 9 above. All awards may if necessary be enforced by any court having jurisdiction. The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, shall be kept confidential. Except as required by law, no party shall make any public announcements with respect to the proceeding or the award, except as required to enforce same. The parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. All claims between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers’ fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.
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Any terms or conditions contained in any Purchase Order, acknowledgment, or other communication of Purchaser which are inconsistent with these Terms are hereby rejected. These Terms constitute the parties’ total and exclusive agreement. Any waiver, modification or amendment of any provision of these Terms will be effective only if in a writing signed by duly authorized representatives of both parties.
The following terms govern the use of this website:
While we endeavor to supply accurate information on this site, errors and omissions may occur.My Cup does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
My Cup reserves the right to make changes to the content on this site at any time and without notice.
To the extent permitted by New Zealand law, My Cup makes no warranties in relation to the merchantibility, fitness for purpose, freedom from computer virus, accuracy or availability of this web site or any other web site.
2. Intellectual Property
My Cup owns all copyright and other intellectual property in this site. Everything on this site, unless otherwise stated, is copyright.
My Cup welcomes the use of this site for personal use, non-commercial use, research or study – provided that the user acknowledges all copyright and other notices contained in the content.
We advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of this site without the express permission of My Cup.
Please note that although this site has some hyperlinks to other third party websites, these sites have not been prepared by My Cup and are not under the control of My Cup. The links are only provided as a convenience, and do not imply that My Cup endorses, checks, or approves of the third party site. My Cup is not responsible for the privacy principles or content of these third party sites. My Cup is not responsible for the availability of any of these links.
My Cup requires that you request our permission to include a link from another site to this site. If you would like to request permission, please email us at firstname.lastname@example.org
This website is governed by, and is to be interpreted in accordance with, the laws of New Zealand.
5. Changes to this Agreement