Terms and Conditions:

Use of Website

Your use of the website at www.flowstate.nz (Website) and/or the ordering of any product from Premium Organics Limited, A New Zealand owned business. (Flow State) creates a legally binding contract between you and Premium Organics 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 Flow State endeavours to ensure that no viruses or malicious software is contained on the Website, Flow State makes no warranty as to your use of the Website and Flow State will have no liability for any damage to your computer or other hardware as a result of your use of the Website.

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

Links to 3^rd Party Websites

The Website contains links to website’s that are not controlled by Flow State (Third Party Website). Flow State makes no promises or warranties as to the content or security of any Third Party Website and you link to and use any such Third Party Website at your own risk.

Terms of Sale

Orders may be cancelled and products may be returned in accordance with Flow State return and cancellation policy set out here.

Flow State will endeavour to deliver all orders made by you on the Website but reserves the right to refuse to deliver any products ordered for any reason, including without limitation, unavailability of stock or a decision by Flow State to no longer sell a product.

All prices for products on the Website are inclusive of GST. Sales to customers outside of New Zealand will be exempt from the payment of GST but may be subject to the payment of taxes and charges in their country.

Payment

Payment for products must be made in accordance with Flow State payment policy. When paying for your products on the Flow State website, your will be charged in New Zealand Dollars or NZD. Delivery of products will not be made until payment has been received to the satisfaction of Flow State.

Delivery

All New Zealand and international delivery will be made in accordance with Flow State delivery policy set out here.

Flow State uses third party carriers to deliver its products. All deliveries are made subject to Flow State terms relating to lost or damaged stock set out here.

Warranties

All products ordered by you are supplied on an “as is, where is” basis and Flow State makes no warranty as to the suitability or efficacy of any product beyond any manufacturer warranty included with the product.

No information on the Website is intended to be taken as medical advice and is intended only for information purposes. Always read the label of any product carefully and use only as directed. If your symptoms persist or you are uncertain as to whether any product may be safe for your use, consult a health professional. If you have a pre-existing medical condition, are pregnant or lactating, consult a health professional prior to using any product.

Liability

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

1. 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; and
2. 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). Flow State 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 Flow State 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.

Privacy

We protect all personal information you make available to us in accordance with our privacy and security policy which can be viewed here.

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 Flow State 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, Flow State has no obligation to screen or edit any content supplied by customers, but has 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 Flow State 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.

Expiry Dates

Some products supplied to you will include an expiry date which will vary depending on the product. It is Flow State policy not to dispatch any product that is within three months of its expiry date, unless otherwise stated on it’s product page.

Governing Law

The use of the Website and the ordering of any product by you from Flow State 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 Flow State.