Terms of Service
Last updated: 12 March 2025
1. Introduction and acceptance
These Terms of Service ("Terms") govern your access to and use of the website fraxylonzymrax.world (the "Website") and the purchase of products and services offered by Fraxylonzymrax ("we", "us", "our"). By accessing or using the Website, or by placing an order, you agree to be bound by these Terms. If you do not agree, you must not use the Website or place an order.
We are located in New Zealand. Our contact details are:
Fraxylonzymrax
6/45 Luckens Road, West Harbour, Auckland 0618, New Zealand
Email: admin@fraxylonzymrax.world
Phone: +64 9 416 1703
2. Definitions
In these Terms: "Customer", "you", "your" means the person or entity accessing the Website or placing an order; "Order" means a request for products or services submitted via the Website or otherwise; "Product(s)" means the goods (including Stabivita and any related items) offered for sale on the Website; "Consumer" means a natural person acting for purposes outside their trade, business, or profession; "Consumer Guarantees" means the guarantees under the New Zealand Consumer Guarantees Act 1993 (CGA) and equivalent rights where applicable.
3. Use of the Website
You agree to use the Website only for lawful purposes and in accordance with these Terms. You must not: use the Website in any way that violates applicable laws or regulations; use the Website to transmit any harmful, offensive, or unlawful content; attempt to gain unauthorised access to any part of the Website, our systems, or other users' data; use automated means (e.g. bots, scrapers) to access or collect data from the Website without our prior written consent; interfere with or disrupt the integrity or performance of the Website; or impersonate any person or entity or misrepresent your affiliation. We reserve the right to suspend or terminate your access to the Website if we reasonably believe you have breached these Terms.
4. Products and information
The products offered on the Website are described as accurately as possible. Images and descriptions are for illustration and information purposes; slight variations in packaging, colour, or appearance may occur. We do not warrant that product descriptions or other content on the Website are complete, error-free, or current. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice. If a product you ordered is incorrectly described or priced, we will inform you and offer you the option to reconfirm your order at the correct price or to cancel and receive a refund where applicable.
Our products are dietary or food supplements and are not intended to diagnose, treat, cure, or prevent any disease. You should read the product information and instructions before use and, if in doubt, consult a healthcare professional. Nothing on the Website constitutes medical or professional advice.
5. Orders and contract formation
When you submit an order via the Website, you are making an offer to purchase the product(s) on these Terms. We are not obliged to accept your order. Acceptance occurs when we send you an order confirmation (by email or other means) or when we dispatch the product(s), whichever is earlier. If we cannot accept your order (e.g. out of stock, pricing error), we will notify you and will not charge you, or we will refund any payment already taken. Each order accepted by us forms a separate contract. We may refuse or cancel orders in cases of suspected fraud, abuse, or error, or where we are required to do so by law.
6. Price, payment, and currency
Prices displayed on the Website are in New Zealand dollars (NZD) unless otherwise stated and include GST where applicable. Prices do not necessarily include delivery charges unless stated (e.g. "free shipping"). We will show the total price (including any delivery costs) before you confirm your order. We reserve the right to change prices at any time; changes do not affect orders already accepted. Payment is due as specified at checkout. We accept the payment methods indicated on the Website. You must provide accurate payment details. By providing payment information, you represent that you are authorised to use the chosen payment method. We use secure payment processing; we do not store full card details on our servers. Failure to pay may result in cancellation of your order and we may pursue recovery where appropriate.
7. Delivery and risk
Delivery terms (including timeframes and costs) are as stated on the Website or in your order confirmation. We will use reasonable efforts to deliver within the stated timeframes but delivery dates are estimates only; we are not liable for delays caused by circumstances beyond our reasonable control (e.g. customs, weather, carrier delays). Risk of loss and title to the products pass to you upon delivery to the address you provided (or to the carrier if you have arranged collection). You are responsible for providing a correct and accessible delivery address. If delivery fails due to your fault (e.g. wrong address, no one available), we may charge you for redelivery or storage and may treat the contract as fulfilled after a reasonable period.
8. Returns and refunds
Returns and refunds are governed by our Return Policy, which is incorporated into these Terms by reference. By placing an order, you agree to the terms of the Return Policy. Nothing in these Terms affects your statutory rights as a consumer under the CGA or other applicable law.
9. Consumer Guarantees (New Zealand)
If you are a consumer in New Zealand, the CGA applies. Our products come with guarantees that they are of acceptable quality, fit for any disclosed purpose, match their description, and that we have the right to sell them. If we fail to meet a consumer guarantee, you may be entitled to a remedy (repair, replacement, or refund depending on the failure). These Terms are subject to your rights under the CGA; we do not exclude or limit those rights. If you are acquiring products for business purposes, you agree that the CGA does not apply to the extent that you are not a "consumer" under the Act.
10. Limitation of liability
To the fullest extent permitted by law: (a) we exclude all implied warranties, conditions, and terms except those that cannot be excluded by law (including the Consumer Guarantees where applicable); (b) we are not liable for any indirect, incidental, special, or consequential loss or damage (e.g. loss of profit, data, or goodwill) arising from your use of the Website or products, even if we have been advised of the possibility; (c) our total liability to you for any claim arising from or in connection with these Terms or the products shall not exceed the amount you paid for the relevant products in the twelve months preceding the claim. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited by law.
11. Privacy and data
Your use of the Website and any order you place involve the processing of personal data. Our collection, use, and protection of your data are described in our Privacy Policy and Cookie Policy. By using the Website and placing orders, you consent to such processing in accordance with those policies.
12. Intellectual property
All content on the Website (including text, graphics, logos, images, and software) is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or use any of this content for commercial purposes without our prior written consent. You may view and print pages for personal, non-commercial use provided you do not remove any copyright or proprietary notices.
13. Links to third-party sites
The Website may contain links to third-party websites. We do not control and are not responsible for the content, privacy practices, or availability of those sites. Links do not imply our endorsement. You access third-party sites at your own risk and should read their terms and privacy policies.
14. General
These Terms, together with our Privacy Policy, Cookie Policy, and Return Policy, constitute the entire agreement between you and us regarding the Website and orders. If any provision is held to be invalid or unenforceable, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. We may assign our rights and obligations under these Terms; you may not assign without our consent. These Terms are governed by the laws of New Zealand. Any dispute shall be subject to the exclusive jurisdiction of the courts of New Zealand, except where mandatory consumer protection laws in your country give you the right to bring proceedings in your country of residence.
15. Changes
We may update these Terms from time to time. The "Last updated" date at the top indicates when the Terms were last revised. Continued use of the Website or placement of orders after changes constitutes acceptance of the revised Terms. Material changes that affect your rights may be communicated by email or a notice on the Website where appropriate. If you do not agree to the updated Terms, you must stop using the Website and may cancel any pending orders in accordance with our Return Policy.