Terms & Conditions

Use of Website

Your use of the website at manahan.co.nz (“website”) and/or the ordering of any product from Manahan Ltd (“our”, “we”, “us”) creates a legally binding contract between the customer (“you/your”) and Manahan and is subject to these terms and conditions.

These terms and conditions incorporate any of the information or terms set out on pages on the website linked to in these terms and conditions.

While we always endeavour to ensure that there no viruses or malicious software are contained on our, we makes no warranty as to your use of our website and we will have no liability for any damage to your computer or other hardware as a result of your use of our website.

You may not make use of any logo or trade mark displayed on website without the express written consent from us. You may link to our website from any other website provided that you agree to immediately remove that link if requested by us.

Governing Law

The use of our website and the ordering of any product by you from our website is subject to the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute between you and Manahan Ltd.

Prohibitions

You must not misuse our website.

You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through our website.

Payment System

Our credit card payment are processed by Eway. Eway is a secure gateway payment for online payments. If you would like more information regarding Eway, visit their website at www.eway.co.nz

Terms of Sale

Orders can be made at any time on the website.

Orders begin processing upon approval and verification of credit card or Eway information. Certain orders may require special processing because of limited quantities.

Our website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When you order products from our website, this constitutes an offer from you to purchase those products in accordance with these terms and conditions. Our acceptance of your order occurs (and the contract is formed) when the items are dispatched to you.

We may vary any prices on our website at any time and without notice to you.

Order Process

You can order products by completing and submitting the checkout process on the our website. You must provide all required information (including name, email address, and payment details) or we may not be able to process the order.

Out of stock products

In the case of you placing an order for a product that subsequently becomes unavailable or there is a delay in delivery, we will contact you via email within 24 hours to advise you of the situation.

Occasionally, a product you order may be temporarily out of stock. In this case we'll contact you promptly to make arrangements to either substitute or delete the item, or hold your order until the item becomes available again. Of course, we will refund you for any products that we cannot supply unless you agree to a substitute.

Discretion in Rejecting Orders

No order shall be deemed accepted by us until we have sent you a copy of the order. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you. If we reject your order (or part of the order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to the customer in relation to the rejected part of that order.

We reserve the right to request further identification for credit card processing on any order you place with us. We may, in our sole discretion, refuse any order placed with us. These restrictions may include orders placed by or under the same user account, credit card, and/or orders that use the same address information. In the event we make a change to or cancel an order, we will attempt to notify you via email or phone number provided when the order was placed.

Cancelling Orders

We can cancel and refund a submitted order for you as long as it has not been dispatched. Please contact us as soon as possible to prevent the dispatch of your order. The purchase balance for the cancelled item(s) will be refunded to the same payment method used to place your order.

Where products are listed on the website with an incorrect price or with incorrect information, we reserve the right to cancel your order. In the case where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by the customer in relation to that order.

We may cancel an order any time prior to order confirmation. Any variation, waiver or cancellation of the customer's order shall have no effect unless accepted in writing by us.

Orders may be cancelled and products may be returned in accordance with our Return Policy.

International Orders

Except for New Zealand Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order. You will be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to the order.

It is entirely your responsibility to ensure that any goods which you order are not prohibited/restricted within your delivery country. We accepts no liability for the refund/replacement of any goods or any costs relating to, or arising from, the importation or confiscation of any goods by your country's Customs Office or other government body. Likewise any import duty or tax payable on your order is not our responsibility and is beyond our control.

Delivery Instruction field

Parcels addressed incorrectly - Our address labels are automatically generated from your customer file, and any error in the input of your delivery address is your responsibility. We accept no liability for loss of parcels due to customer’s providing us with an incorrect delivery address.

International customers - we accept no liability for any goods lost in transit outside of New Zealand. Loss of international parcels is covered by New Zealand Post according to their terms and conditions. New Zealand Post provides compensation for successful claims. We do not provide refunds or replacements for lost parcels.

Please note: New Zealand Post’s terms and conditions dictate that an international investigation into a missing parcel can only be launched within a limited time after a parcel’s dispatch. For us to be able to assist you with regards to a missing parcel please contact us within 14 days of your parcel’s dispatch. After this time we will unfortunately be unable to assist you.

Shipping and Returns

Please see our Shipping and Returns for our Shipping and Returns Policy.

Liability

Subject to your rights under the Consumer Guarantees Act 1993, we will not be liable for any:

Warranties, conditions and representations whether express, implied, statutory or otherwise, relating in any way to the website, your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through the website;
Liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through this Website for any reason whatsoever (including negligence).Our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you to us in respect of the product excluding any amount paid for delivery.

You agree that if any product has been acquired for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those products.

User Submitted Content, including Product Reviews and Testimonials

We reserve the right to use all user submitted content we receive in our marketing and promotional material, both on and offline, identifying the submitter by first name only. If you don't want us to use your submitted content, please let us know.

Your submission of any such content confirms that you understand that this content may be used in a public context, either online and/or offline, and that we specifically may use, modify, edit or republish any such content submitted. While we endeavour not to significantly alter the meaning and intent of submitted content, we do sometimes edit it to condense, summarise, improve readability or comply with our regulatory obligations, and reserve the right to do so.

Beyond prevailing legislation, we have no obligation to screen or edit any content supplied by customers, but have the right to do so, and to modify, delete, refuse to post or remove any content, in whole or in part, from any portion of our websites or social media platforms, at its sole discretion for any reason whatsoever, including, but not limited to, content that violates these terms and conditions or is otherwise objectionable.

You may not be permitted to edit or delete any content you have submitted, but can ask us for it to be removed from online publication, and we will remove it so long as it’s reasonably practicable for us to do so.

Trademarks

The trademarks, names, logos and service marks displayed on this website are our registered and unregistered trademarks. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission from us.

Disclaimer to Third Party Copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

Disclaimer Liability

We shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of nonperformance or interruption, or termination thereof.

Intellectual Property

The intellectual property rights in all software and content made available to you on or through this website remains our property or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise without our express permission.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by us or its licensors.

We advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of this site.

Links

Please note that although this site has some hyperlinks to other third party websites, these sites have not been prepared by us and are not under our control. The links are only provided as a convenience, and do not imply that we endorse, check, or approve of the third party site. We are not responsible for the privacy principles or content of these third party sites. We are not responsible for the availability of any of these links.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

Conflict of Terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Indemnity

You agree to indemnify, defend and hold us harmless, and our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of these terms and conditions.

Ownership & Risk

Ownership of all items sold by us is retained by us until we have received the full price for the items and the applicable delivery charges. This provision is designed to protect us in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of items by a creditor of the buyer or default in payment.

Until full payment is made, you agree to:

enable the items to be readily identifiable as our property;
maintain the items so supplied in good order and condition and to return the items immediately if called upon to do so by the seller.

Privacy Policy

We respect the privacy of our website users and we are committed to protecting your security and privacy, and we will only collect and use your personal information as outlined below.

This Privacy Policy does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from this website, such as from other websites, telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.

If you have any questions about our privacy policies, please contact us at hello@manahan.co.nz By providing your personal information to our website, you signify your acceptance of the Terms of Use and agree that we may collect, use and disclose your personal information as described herein.

How we collect information

We collect information about you when you visit our website in our aim to improve upon your shopping experience with the our website. We also use this information in order to communicate our products, services and promotions. We do not sell, lease or rent your personal information to third parties for commercial gain.

Normally we collect information from you directly, unless it is unreasonable or impracticable to do so. Collection of your personal information can happen through the following ways:

when you access and use our website;
during conversations with our team members;
when you complete purchase orders, registrations, requests or applications for our products or services (by phone, in person or electronically);
when you communicate with us directly (by email, telephone, direct mail or any other means);
when you interact with us during promotions, competitions, special events, or by using devices within our stores.

We may also collect personal information about you from the following third parties:

retail brands and suppliers who provide goods and services within our stores. This may include other suppliers who provide products and services to you on our behalf.

When you visit our website, our servers will automatically record information that your browser sends whenever you visit a website. This data may include:

Your computer's IP address
Browser type
Webpage you were visiting before you came to our site
The pages within this website you visit
The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics.

This information is collected for analysis and evaluation in order to help us improve our site and the services and products we provide. This data will not be used in association with any other personal information.

When accessing this website, we use “cookies” (a small text file sent by your computer each time you visit our website, unique to your Manahan account or your browser) to make it easier for you to use this website, improve your shopping experience with us or so we can record log data relating to the pages you viewed and activities you carried out during your visit.

The type of device you’re using to access our website and the settings on that device may provide us with information about your device, including what type of device it is, what specific device you have, what operating system you’re using, what your device settings are, and why a crash has happened. The information we receive depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. Your device manufacturer or operating system provider will have more details about what information your device makes available to us.

If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. However, in order to access certain content, features, services, products, or benefits of our website, you may be required to provide us with certain information, including some types of personally identifying information. If you do not wish to provide such information through our website or if you opt to utilise the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of our website.

For purposes of this Privacy Policy, “personally identifiable information” means any information by which someone can be personally identified, including name, address, telephone number, email address, and other information incidental to providing goods or services (also referred to herein as “personal information”). We collect personally identifiable information from you only when you voluntarily provide us with this information, such as when placing an order on the Site, establishing an account, contacting us with a question or comment, utilizing an "Email to a Friend" feature, or signing up to receive emails about our latest products and services.

Permission to obtain information from other accounts - User Authorised Data

Depending on your settings or the privacy policies for other online services, you may give us permission to obtain information from your Manahan account with those other services. For example, social media is an important part of how we interact with our customers. In using social media, you may give us permission to access your information in that social media channel or in other services. So, if you did choose to link your Facebook or Twitter account to our website, this would enable us to obtain information and content from those accounts. Or if you’re using our website on your mobile, you can also choose to provide us with location data. The information we obtain from those services does depend on your settings for that service or their privacy policies.

How may we use your information

We will generally never give, lease, sell or otherwise disclose your personal information to any third parties except:

to comply with law;
facilitate court proceedings;
enforce our Terms & Conditions;
or protect the rights, property, or safety of Manahan Ltd, our users, or others.

To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of a legal process.

However, we may share or store your email address and other basic information with our third party business partners including marketing, advertising and research companies and data analysis companies. We do this in order to conduct research and analysis in our sales, marketing and advertising in order to better understand your preferences improve the services we offer you; present you with suitable offers that you might be interested in.

We will only do this with reputable organisations who are acting directly on our behalf to improve the services we offer you, and not for any other purpose. We also need to store your personal information within the hardware and software systems of reputable third parties in order to facilitate and improve the services which we offer. The privacy and data security policies and standards of the third party organisations we engage for these purposes will be subject to review by us, and required to meet high standards of care and responsibility.

We may also use information collected in order to:

to provide you with products and services that you have requested from us;
to communicate with you, including about products and services, competition results, special offers, and events which might interest you;
to answer your questions and provide you with information or advice;
to set up, and manage your account, so you can place orders, so we can provide our products and services to you, so we can make sure that the items you order get to you, and so we can communicate with you about your orders and your account, so we can track potential problems and trends, and customise our support responses to better serve you
to create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts;
provide your personal information to third parties that assist us in providing products and services you have requested, such as delivery service providers and fulfilment managers;
to carry out administration, marketing, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the way we and our related bodies corporate and service providers provide products and services to you;
to consider and respond to complaints made by you;
to comply with laws or regulations or to comply with any directions given by regulators or authorities; or
if you are a candidate for employment, to assess your suitability for a position at with us.
to ensure that our users are genuine and to ensure that we are paid for goods that we despatch – for example, by using personal information, or disclosing that personal information to a credit reference or fraud prevention agency, in order to confirm your identity and conduct appropriate anti-fraud checks. Any such credit reference or fraud prevention agency may keep a record of that information but please note that a formal credit check is not performed and your credit rating will not be affected.
to target our banners and ads to you when you’re on certain other websites. We do this using a variety of digital marketing networks and ad exchanges, and advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers, and the banners and ads you will see will be based on your previous use of our website (for example, your Manahan website search history, the content you read on our website, etc.) or on our banners or ads that you’ve previously clicked on.
to carry out polls, surveys, analysis and research on how our site is being used, customer views, what we could do better etc, - these polls, surveys, analysis and research may be conducted by us or third parties. We or those third parties may follow up with you via email regarding your participation unless you have opted out of receiving email messages. We may use third parties to deliver incentives to you to participate in polls, surveys, analysis or research, and verifying your contact information, which may require your contact information and other personally identifiable information to be provided to the third party fulfilling the incentive offer.
to update you on our latest products, news and special offers - If you have registered with us or provided us with your email address and elected to receive marketing communications from us, we will occasionally update you on our latest products, news and special offers via email, post, telephone and other means available including mobile text messages and push notifications. You will also be given the opportunity to receive such communications from us and selected third parties. This includes if you choose to use the Facebook “like” button to indicate you like any of our pages or apps. Examples of these communications include: (1) welcome and engagement communications - informing you about how to best use our website, new features etc.; (2) service communications on things like service availability, security, and other issues about the functioning of our website; (3) promotional communications, including details of our latest sale or promotion. These messages will be sent to you based on your profile information and messaging preferences as selected by you in relation to your account. Please keep your settings up to date or contact us by sending an email to hello@manahan.co.nz if you wish to change any of these preferences, including unsubscribing from our mailing list.

Your personal information may be disclosed in connection with any purpose to any of the following:

our employees, contractors or service providers, to the extent reasonably necessary to fulfil our obligations to you. This may include internet service providers, IT systems administrators, mailing houses, couriers, payment processors, and data entry service providers;
retail brands and suppliers who provide goods and services within our stores. This may include other suppliers who provide products and services to you on our behalf;
our business advisors, including lawyers, accountants or other professional service providers, to the extent reasonably required;
suppliers and other third parties with whom we have commercial relationships, for business, marketing and related purposes;
if you are a candidate for an employment position involving a third party with whom we have an agreement, to that third party to assess your application;
if required by law, to any person authorised by such law. This may include the police service, ambulance service, or government departments or regulators within Australia in connection with law enforcement activities.
if we enter or reasonably may enter into a corporate transaction, such as a merger, consolidation, acquisition, or asset purchase. In the event that we or our assets are acquired by another company, or due to any merger, reorganisation or liquidation, customer information may be one of the transferred assets. Your personal information will remain subject to any pre-existing privacy policy unless you consent otherwise.

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

Links to Third Parties

Our website may link to other websites. If you access a third party website from a link on our website, any information you disclose on that website is not subject to this Privacy Policy.These third party websites are outside of our control and are not covered by this Privacy Policy. If you access other websites using the links provided, the operators of these websites may collect your personal information. Please ensure that you are satisfied with the Privacy Policies of these third party websites before you submit any personal information. We cannot be held responsible legally or otherwise for the activities, privacy policies or levels of privacy compliance of these third parties. We encourage you to read that website's privacy policy before providing any personal information.

Competitions and Surveys

From time to time we may provide you the opportunity to take part in competitions or surveys on our Services. If you participate, we will request certain Personal Information from you. Participation in these surveys or competitions is completely voluntary and you therefore have a choice whether or not to disclose this information. Your personally identifiable information may be used to contact you for winner notification, prize delivery confirmation or other related purposes. We may decide to use a third party service provider to conduct these competitions or surveys. Any such company will be prohibited from using our users' Personal Information for any other purpose unless you give your consent. The name of any such company will be visible on any page where you are invited to part with your information or views. We will never share the personally identifiable information you provide through a competition or survey with other third parties unless we give you prior notice and choice. In those cases where we are not the operator or host of the competition or sweepstake, we have no control over the information collected and accordingly urge you to review the advertiser's or sponsor's privacy policy applicable to the competition or sweepstakes before participating.

Managing Your Personal Information and Options

You can update your personal information anytime by accessing your account on our website.

From time to time, we may send you electronic marketing material - but only ever in accordance with the provisions of Spam Act 2003 (Cth).

We want to communicate with you only if you want to hear from us. If you have established an account with us, or signed up to receive electronic newsletters or promotional emails from us, including new ideas, special offers, and event information, or to otherwise receive communications about our products and services, you will have the right at any time to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us.

You may unsubscribe from our mailing list at any time:

Open any newsletter sent to you by us.
Scroll to the bottom of the newsletter and click 'Unsubscribe'.

Once you do this, we will update your profile to ensure that you don’t receive further emails. Please note that this might take a few days for all our systems to have updated with that fact, and that you might receive a small number of emails from us while we process your request.

Please note that we will continue to send you non-promotional, service emails concerning your account, such as emails relating to available upgrades, billing and payment information, outstanding balance on your account, and other emails relating to your account and/or your use of our website.

You can verify the details you have submitted to us by sending us an email on hello@manahan.co.nz. Our security procedures mean that we may request proof of identity before we reveal information, including your email address and possibly your address. You can also contact us by the same method to change, correct, or delete your personal information controlled by us regarding your profile at any time. Please note though that if you have shared any information with others through the our social media channels that information may remain visible, even after you have deleted the information from your own account.

You can withdraw or modify your consent to our collection and processing of the information you provide at any time. You can do this by changing your account settings. You can access your account by logging in on our website. You can link or unlink your Manahan account from an account on another service (e.g., Facebook or Twitter), also by changing your account settings.

Should you ever decide to delete your account, you may do so by emailing hello@manahan.co.nz However, we may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam). Please note though that, if you have shared any information with others through our social media channels, that information may remain visible even after you have closed your account.

Security

Protecting your credit card information and your personally identifiable information is very important to us, and we are committed to handling such information carefully. We maintain physical, electronic and procedural safeguards to guard your personally identifiable information. We use the 128-bit Secure Socket Layer (SSL) protocol to protect the security of your online order information as it is transmitted to our server. SSL technology encrypts your information to protect it from being deciphered by anyone other than us. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.

Updating this Privacy Policy

We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of our website following the posting of changes to this Privacy Policy will be considered your consent to those changes.

Manahan Ltd

Manahan Ltd (trading as Manahan) is proud to be a New Zealand owned business, and is governed by the laws of New Zealand. “Manahan Limited” is what will appear on your statement. The registered address for Manahan Limited is 121 Avondale Road, Avondale, Auckland 1026, New Zealand.