Terms of service
1. Introduction
These Terms of Service (“Terms”) govern your access to and use of the My Oralux website at www.oralux.co.nz (“Website”) and your purchase of products from us.
By accessing or using our Website, or by placing an order, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.
2. About us
My Oralux is a New Zealand-based business trading as “My Oralux”.
Contact details:
Email: info@myoralux.co.nz
3. Eligibility
By using our Website and purchasing products, you confirm that you:
• Are at least 18 years old, or have parental/guardian consent
• Have the legal capacity to enter into binding contracts
4. Product information
We make reasonable efforts to ensure that product descriptions, images, and pricing on our Website are accurate. However:
• Colours, packaging and details may vary slightly from the images shown.
• We reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice, including after you have placed an order (in which case we will contact you if your order is affected).
5. Orders and acceptance
5.1 Placing an order
When you place an order on our Website, you are making an offer to purchase the products in your cart in accordance with these Terms.
5.2 Order confirmation
After you place an order, you will receive an email acknowledging that we have received it. This does not mean that your order has been accepted.
Our acceptance of your order occurs when we dispatch the product and send a dispatch confirmation email. At that point, a contract is formed between you and us.
We may refuse or cancel any order, or part of an order, for reasons including:
• Product unavailability
• Error in pricing or product information
• Suspected fraud or misuse
• Failure to complete payment
If we cancel your order after payment has been processed, we will provide a refund.
6. Pricing and payment
• All prices on our Website are in New Zealand dollars (NZD) and, unless stated otherwise, include GST.
• We reserve the right to change prices at any time. Changes will not affect orders already accepted by us.
• Payment must be made at the time of ordering via the payment methods offered on the Website.
• By providing payment details, you confirm that you are authorised to use the payment method.
7. Shipping and delivery
Shipping information, including available shipping options, estimated delivery times and charges, is set out on our Shipping Information page, which forms part of these Terms.
We will use reasonable efforts to dispatch your order within the timeframes indicated, but delivery times are estimates only and may be affected by factors outside our control.
Risk in the products passes to you when the order is delivered to the address you provide. Title passes to you once we have received full payment.
8. Returns and refunds
Our Returns and Refunds Policy forms part of these Terms and sets out how we handle returns, refunds and replacements. Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
9. Consumer Guarantees Act and Fair Trading Act
If you are acquiring products for personal, domestic or household use, you have rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 that cannot be excluded.
If you are acquiring products for the purposes of a business, you agree that the provisions of the Consumer Guarantees Act 1993 do not apply.
10. Health and safety information
Our products are designed for oral and personal use. Always read and follow the instructions provided on the product packaging and on our Website.
If you experience any irritation or adverse reaction when using our products, stop use immediately and consult a healthcare professional.
We do not provide medical advice. Any information on the Website is general in nature and not a substitute for professional medical advice.
11. Intellectual property
All content on the Website, including text, graphics, logos, images, product names, and design, is owned by or licensed to My Oralux and is protected by copyright and other intellectual property laws.
You may not reproduce, distribute, modify, or use any content from the Website without our prior written consent, except as permitted by law.
12. Website availability and changes
We do not guarantee that the Website will be available at all times or free from errors or interruptions.
We may modify, suspend or discontinue any aspect of the Website, including products and prices, at any time without notice.
13. Limitation of liability
To the maximum extent permitted by New Zealand law:
• We are not liable for any indirect, incidental, special or consequential loss or damage arising out of or in connection with your use of the Website or purchase of products.
• Our total liability to you for any claim arising out of or relating to these Terms or your use of the Website or products is limited to the amount you paid for the relevant product.
Nothing in these Terms limits or excludes any rights you may have under the Consumer Guarantees Act 1993 or any other non-excludable law.
14. Indemnity
You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of your misuse of the Website, breach of these Terms, or violation of any law or the rights of a third party.
15. Privacy
Your use of the Website is also governed by our Privacy Policy, which forms part of these Terms.
16. Governing law
These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the New Zealand courts in relation to any dispute arising out of or in connection with these Terms.
17. Changes to these Terms
We may update these Terms from time to time. The updated Terms will apply from the date they are posted on the Website. Your continued use of the Website after any changes indicates your acceptance of the updated Terms.
18. Contact us
If you have any questions about these Terms, please contact:
Email: info@myoralux.co.nz