RETERNITI HOLDINGS LIMITED

CUSTOMER TERMS AND CONDITIONS

Oct 2022

1. Definitions

   1. In these Terms:

   2. Business Day means any day (other than a Saturday, Sunday or public holiday, as that term is defined in section 5(1) of the Holidays Act 2003) on which registered banks are open for general banking business in Christchurch, New Zealand.

   3. Customer or you means the person who requests Services from Reterniti or it’s Reseller

   4. Personalisation has the meaning given at clause ‎3.2a.

   5. Price has the meaning given at clause ‎6.1.

   6. Price List means our price list, available at our Resellers and on our Website.

   7. Product means the Reterniti Stone or Reterniti Pebble or multiples thereof.

   8. Remains means cremated remains or ashes of a human or an animal.

   9. Resellers means any funeral director, funeral home or parlour, crematory, veterinary practices, pet crematorium, individual pet care practitioner and/or pet store which we have approved to receive orders on our behalf from time to time, a list of which is available on our Website and Reseller means any one of them.  

   10. Reterniti, we, our or us means Reterniti Holdings Limited.

   11. Reterniti Office means our business premises from time to time, currently located at 179 Ferry Road, Waltham, Christchurch, 8011, New Zealand.

   12. Reterniti Stone means the Product (or multiple products) which includes Reterniti Pebbles, created by us from the Remains, following an order placed by you and in accordance with the specifications described on our Website

   13. Services has the meaning given at clause ‎4.

   14. Terms means these terms and conditions as amended from time to time.

   15. Website means https://reterniti.com/.

2. Application

   1. These Terms constitute the legal terms and conditions on which we provide our Services to you, unless otherwise agreed in writing between us and you.

    

3. Orders 

   1. You may place an order in relation to our Services:

      1. at a Reseller; or

      2. directly through our Website; or

      3. in person, at our Reterniti Office.

   2. When placing an order in accordance with clause ‎3.1, you must provide us, or the Reseller (as the case may be) with the following information:

      1. instructions in relation to the person or pet’s name for personalisation of the Reterniti Stone by way of laser etching (if applicable) (Personalisation); and

      2. if a human, then the years of life; if an animal then the type of animal, breed, sex, name, years of life and approximate animal size and / or weight 

   3. By placing an order with us, you will be deemed to have accepted these Terms.  An agreement relating to the Services will be formed when you receive a confirmation email from us accepting your order.

   4. You can cancel an order with us at any time up until the time we commence performance of the Services, but you will be liable for our reasonable costs provided for under the relevant order(s) up to the point of cancellation under this clause ‎3.4, including all costs incurred by us, our Reseller’s margins, freight/shipping costs, shipping kits and any administration and handling fees. The cost of returning the Remains to you will also be your responsibility

   5. If your order is not accepted by us for any reason, we will notify you by telephone or email to arrange a full refund, of any payment made by you, to be processed. 

   6. Our Website is solely for the promotion of our Services in New Zealand.  We do not accept orders from or deliver Reterniti Stones or Pebbles to addresses outside of New Zealand. 

   7. You acknowledge and agree that if you place an order for our Services at a Reseller in accordance with clause ‎3.1a, the Reseller will receive mark-up or other benefit from us in return for selling the Product to you.

   8. When you place an order, we will collect ‘personal information’ (as that term is defined in the Privacy Act 2020) from you.  We will collect, store and use your personal information in accordance with our privacy policy, available on our Website. 

   9. In using our Website, you agree to comply with our Website Terms and Conditions, available on our Website. 

    

4. Services

   1. If we confirm that we accept your order in accordance with clause ‎3.2, we agree that we will provide the following services to you:

   2. 1. we will dispatch a collection kit to the physical address supplied by you (or to your Reseller) within 10 Business Days of the date of your order, which will enable you to provide the Remains to us;

      2. following receipt of the collection kit and the Remains from you or your Reseller, which we will confirm with you by email, we will process the remains into a Reterniti Stone or Pebble, and incorporate any applicable Personalisation; and

      3. we will dispatch the Reterniti Stone or Pebble to the physical address supplied by you or your Reseller within 30 – 40 Business Days following the receipt of the collection kits and Remains from you.

   3. In our performance of the Services, we will:

      1. In our performance of the Services, we will:

      2. exercise due care and skill in accordance with good industry practices and standards; 

      3. carry out our obligations in an efficient and diligent manner; and

      4. in accordance with all applicable laws and regulations. 

    

5. Reterniti Stones

   1. You acknowledge and agree that the Reterniti Stone and Reterniti Pebble is made from the Remains, with the Reterniti Stone or Pebble being formed by solidifying the organic material of the Remains.  

   2. By accepting these Terms, you understand that the physical appearance of the Reterniti Stone or Pebble (due to its organic make up) will: 

      1. vary, including as to colour, condition, quality, shape, size and durability; and 

      2. likely to have imperfections which could include small holes, blotches or blemishes, discolouration, undulations, divots, graininess and / or surface hairline cracks.  

6. Price

   1. The price for our Services will be the applicable amount specified in our Price List (Price) or by the Reseller at the time the order for the Reterniti Stone or Pebble is made.  

   2. A delivery charge may be payable for the delivery of the Reterniti Stone or Pebble in addition to the Price.

   3. All Prices are in New Zealand dollars and are inclusive of goods and services tax. 

    

7. Payment

   1. Unless otherwise agreed by us in writing, you must make payment of the Price, and any delivery charge, in full at the time you make an order.

   2. Payment must be made using a credit or debit card:

      1. at the Reseller (in accordance with clause ‎7.3); or 

      2. on our Website (where After Pay is also available); or 

      3. in person at the Reterniti Office. 

   3. When you place an order at a Reseller, they will take full payment for the Services.  The price payable by you in relation to the Services is the same, regardless of whether you make payment directly to us or a Reseller.

    

8. Delivery and Risk 

   1. If we provide you or the Reseller with an estimated delivery date, we will not be liable for any loss or damage suffered by you or any other person for failure to deliver the Reterniti Stone or Pebble by that date.  

   2. Risk of any loss or damage to the Reterniti Stone or Pebble passes to you once the Reterniti Stone or Pebble has left our premises and is being delivered to you.

   3. You acknowledge that we will not be liable to you in relation to any freight services performed by a third-party carrier while the Remains or the Reterniti Stone or Pebble (as the case may be) are being shipped in accordance with either of clauses ‎4.1a and/or ‎4.1b.

    

9. Liability

   1. The Consumer Guarantees Act 1993 (CGA) other statutes may impose warranties, conditions, or obligations on us which cannot by law (or which can only to a limited extent by law) be excluded.  Other than as expressly provided for in these Terms, we exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise. 

   2. Subject to clause ‎5, if you are a ‘consumer’ (as that term is defined under the CGA), we provide guarantees regarding the quality, description and fitness for purpose of the Services, and the Reterniti Stone or Pebble, we provide to you.  If you have concerns about the Services or the Reterniti Stone or Pebble, then you should notify us of those concerns via the contact information on our Website.

   3. In the unlikely event that the Reterniti Stone or Pebble is faulty, we will endeavour to remedy the fault.  If it is not reasonably possible for us to remedy the fault, we may refund the Price paid by you (in our sole discretion).  Any refund of the Price under this clause ‎9.3 will not include any freight/shipping costs and / or any handling/administration fees incurred by us.  

   4. We will not be liable to repair a Reterniti Stone or Pebble or provide a refund if the Reterniti Stone or Pebble is damaged, defective due to improper use, storage, placement or alteration by you, negligent action or omission by you, you or the Reseller providing incorrect instructions to us (including misspelling for etching) damage in transit as set out in clause ‎8, or by circumstances caused beyond our reasonable control. It is understood that placement outside or within water will result in gradual breakdown of the Reterniti Stone or Pebble, which is normal and designed to do and as such deterioration will not be regarded as a fault.

   5. You must not request Services from us if you are a business and request Services from us with the intention of re-selling a Reterniti Stone or Pebble.  If, despite this, you are a business and request Services from us with the intention of re-selling a Reterniti Stone or Pebble, the CGA will not apply in relation to the supply of Services to you.  

   6. If we are liable to you for any reason our liability will be limited to the Price paid by you for the Services.

   7. We will not be liable for any loss of profits or any indirect or consequential loss or damage arising out of these Terms or our dealings with you.

    

10. Events Beyond Our Control

    1. We reserve the right to defer the date of delivery or to cancel your order if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control. 

    2. You acknowledge that we will not be liable for remains or Reterniti Stones or Pebbles lost or damaged at our premises due to Acts of God (which include but are not restricted to earthquake, flooding, wind events or lightning), fire, robbery, or burglary.

     

11. No Waiver

    1. We will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by us.  A failure to exercise or delay in exercising any right by us under these Terms will not operate as a waiver of that right.  Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

     

12. Assignment

    1. Neither party can assign or transfer any rights under these Terms to any other person without the prior written consent of the other party.

     

13. Changes to these Terms

    1. We reserve the right to make changes to these Terms, the description of our Services and our Prices, at any time.

    2. We will notify you of any changes to these Terms by including the updated Terms, Services and/or Prices on our Website and providing them to our Resellers.  We may also notify you by email of any changes to these Terms.

    3. Any new Terms notified by us in accordance with clause ‎13.2 will apply to any subsequent order that you place with us in relation to our Services.

    4. If you do not wish to comply with our new Terms, then you will not be able to continue using our Services.

     

14. Notices

    1. If we are required to give notice to you under these Terms, we may do so by sending that notice to the email address you provided when setting up your access to the Services.  You will be deemed to have received our notice at the time of transmission. 

    2. If you are required to give notice to us under these Terms, you may do so by sending that notice to enquiries@reterniti.com.  We will be deemed to have received your notice at the time of transmission. 

     

15. Governing Law and Jurisdiction

    1. The law of New Zealand applies to these Terms and the transactions contemplated by them.  The New Zealand courts have jurisdiction in respect of these Terms and the transactions contemplated by them.