Terms & Conditions

Manukora

  1. Manukora (we, us or our) is a leading New Zealand natural health company and we manufacture and sell honey in a range of countries.
  2. These Terms of Trade govern the supply of our products to you that your order via the Manukora FZCO website at www.manukora.ae, and any websites or applications operated by us (Website).
  3. By ordering any products using our Website you agree that you are bound by these Terms of Trade.
  4. If you do not agree to anything in these Terms of Trade then you should not order any products from us.
  5. You should read these Terms of Trade carefully and contact us if you have any queries about them.

Terminology

  1. References in these Terms to we, us or our are references to Manukora FZCO of Ora Foods.
  2. References to you or your are references to the person or entity ordering our products.
  3. If you are ordering our products on behalf of another entity, you represent and warrant that you are entitled to bind that entity and you have its authority.

Your account

  1. To purchase any of the products available from the Website (Products) or to open an account with us, you must provide us certain information, including your name, address, contact details and payment information.
  2. You agree that all information you provide us about you at any time will be accurate, up to date and complete. Privacy Policy here.
  3. If you are a member of this Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorized person from using your computer, your account or your password.
  4. You agree to accept responsibility for all activities that occur under your account or password. You must tell us immediately if you believe some person has accessed your account without your authority and you must log in to your account and change your password.

Ordering products

  1. Our listing of Products on the Website constitutes an invitation for you to make an offer to purchase those Products.
  2. By clicking to confirm an order to buy a Product from us via this Website, you acknowledge that you are offering to purchase that Product from us.
  3. We will be deemed to have accepted your offer where acceptance is confirmed in an email or other message or by the dispatch of the Product to the last delivery address advised by you.

Price of Products

  1. The price payable by you for a Product will be the price at the time you click to offer to purchase that Product, in the absence of manifest error. The price of any Product may change over the time it is listed on this Website.  It is your responsibility that you are up-to-date with the latest price of the Products at the time you make your offer.
  2. Prices listed on this Website exclude GST, VAT and other sales taxes (unless otherwise expressly stated) which will be added if applicable at the point of checkout or payment.
  3. Prices listed on this Website may or may not include any delivery costs depending on factors such as the size of the order and the delivery location. You should check our shipping and delivery policies located on our Website as they are updated from time to time. Those policies form part of these Terms of Trade.
  4. Any information given by us in relation to exchange rates are approximate only and may vary from time to time and should not be relied on by you.

 

Payment

  1. When offering to purchase a Product, you must pay the price for that Product in full using credit or debit cards or through such other payment methods described in the payment section of our Website, unless otherwise agreed in writing with us.All charges relating to a payment, including any charges applied where payment is made in a currency other than New Zealand dollars, will be borne by you.
  2. We may use an agent or service provider to process any electronic payment transaction. You agree that we may share your personal information with that agent or services provider to the extent necessary to process that payment transaction.
  3. If any payment amount is insufficient or any payment is otherwise declined, the order of the applicable Product will automatically be terminated.

Delivery

  1. Once you have purchased a Product, we will deliver that Product to you in accordance with the delivery option you elected when you completed your order.
  2. Please check your delivery address carefully as we will not be responsible for delivery to an incorrect address. You shall be responsible for the cost to resend a parcel that is returned because of an incorrect address.
  3. Some countries have special regulations specific to importing honey and other bee products. You acknowledge you have reviewed the contents of your order and acknowledge that it contains acceptable and approved items for import into the country of destination/delivery. You accept full responsibility and any associated risk of any items or package (or part thereof) being detained by customs for whatever reason, and you acknowledge and agree that we are not liable for orders unable to be delivered to their destination due to import regulations.
  4. You are responsible for any duties, levies or other charges associated with importing the Product into the country of delivery (only applies to orders outside the UAE)

Shipping & Delivery
Shipping Times:
UAE: 1 - 2 working days*.
Bahrain, Kuwait, Oman, Qatar: 2 - 3 working days*.
*Delivery times may be longer than usual during peak seasons.

Delivery company
We partner with Farfill, a UAE-based logistics company, to select the best courier for your delivery. Please note that couriers cannot deliver to PO boxes, so kindly provide your physical address when placing an order.

Tracking
You'll receive a shipping confirmation email with details about the courier and your unique tracking number. If your Manukora honey doesn’t arrive in time, simply click the link in the email notification or reply to [email protected] and we'll be happy to track it down for you!

Countries we ship to:
We currently ship to the United Arab Emirates, Bahrain, Kuwait, Oman, Qatar. For other countries, please email us [email protected]

Order cancelation
We ship orders daily. If you accidentally placed an order and haven't received a shipping confirmation, please contact us promptly so we can assist you in canceling it.

 

Cancellations and returns

  1. You are not permitted to cancel any order once the Product has been shipped except to the extent permitted by applicable law.
  2. If any Product is defective upon delivery to you, you may notify us and return the Product to us, and we will provide you with a credit or replacement for the defective Product.  

      Risk and title

      1. Risk in all Products you order will pass to you upon delivery of the Products to you.
      2. Title in the Products you purchase will pass to you on the later of payment for the Products in full and delivery of the Products to you.

      Liability

      1. If you purchase Products from us for a business purpose, then you agree that the statutory guarantees and implied terms, covenants and conditions contained in the New Zealand Consumer Guarantees Act 1993 are excluded and do not apply.
      2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty relating to Products to one or more of the following at our option.
        1. (a) the replacement of the Products or supply of equivalent products.
        2. (b) the repair of such Products;
        3. (c) the payment of the cost of replacing the Products or of acquiring equivalent products; or
        4. (d)the payment of the cost of having the Products repaired.
      3. In no event will we be liable (whether in contract, tort including negligence, or otherwise) to you for:
        1. (a) loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or
        2. (b) loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature, arising directly or indirectly out of your use of the Website or your purchase of any Products, even if we had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by us.
      4. The maximum liability to you arising out of any and all claims relating to your use of the Website or the purchase of any Products (whether in contract, tort (including negligence) or otherwise) will not in any circumstances exceed NZ$100.
      5. None of the exclusions or limitations set out in these Terms of Trade will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law.

      General

      1. We may amend these Terms of Trade from time to time without notifying you. The current and binding Terms of Trade that apply to the purchase of Products will be the version displayed on the Website at the time you place your order.
      2. If any part of these Terms of Trade are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Trade shall continue in effect.
      3. We will not be liable to you for any breach of, or failure to perform, any of its obligations under these Terms of Trade where our breach or failure is caused by anything beyond our reasonable control, including (without limitation) war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, weather phenomena or other act of God, governmental regulation or direction.
      4. These Terms of Trade shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
      5. These Terms of Trade, and any disputes arising from or relating to the conduct covered by the Terms of Trade, are governed by the laws of New Zealand. You hereby submit to the exclusive jurisdiction of the courts of New Zealand.

       

      OTHER

      7.0   Warranty and Product Recall

      7.1   Manukora FZCO warrants that it will repair or make good any defects in the Product or packaging brought to its notice within ten (10) business days after delivery of the Products to the Buyer.  If written notice is not received by Manukora within ten (10) business days, the claim shall be waived and the Products delivered shall be deemed to conform to the Confirmation and to be unconditionally accepted by the Buyer.  No claim shall be accepted if the defective Products have been stored, maintained or handled incorrectly or in a way which does not comply with the terms of this Agreement.

      7.2   Manukora’s liability shall be limited to correcting the defects in product or packaging contained in clause 7.1.  Any right to make a claim against Manukora under clause 7.1 shall lapse if the Buyer accepts delivery of the Products.

      7.3   The Buyer shall, at the request of Manukora FZCO or in case Manukora FZCO is the subject of a request, court order or other directive of a governmental or regulatory authority to withdraw any Products from the market (the "Recall Notice"), use all reasonable endeavours at its own cost to assist Manukora in locating and recalling any Products.

      7.4   Unless required by law, the Buyer shall not initiate any recall or withdrawal without the written permission of Manukora FZCO and only then in strict compliance with Manukora‘s instructions about the process of implementing the recall or withdrawal.


      8.0   Limitation and Exclusion of Liability

      8.1   Manukora FZCO makes no warranty, express or implied, in relation to the Products other than that the Products being of merchantable quality and otherwise as required as a legal minimum under applicable New Zealand laws and regulations. To the extent permitted by law, Manukora FZCO will be under no liability whatsoever to the Buyer for any indirect, special, incidental, consequential, economic, loss of profits, exemplary damages or losses suffered by the Buyer arising out of this Agreement and whether actionable in contract, tort (including negligence), equity or otherwise.

      8.2   In the event that Manukora FZCO is found liable, Manukora’s liability in aggregate will not exceed the total sum payable by the Buyer to Manukora FZCO under the relevant PO.

      8.3   The Buyer agrees that the limitations and exclusions set out in this Agreement are reasonable having regard to all the circumstances.

      8.4   This clause 9 will survive the termination of this Agreement.

       

      9.0  Indemnity

      9.1  The Buyer shall indemnify Manukora FZCO against all and any claims, actions, damages, loss, liability, costs (including legal costs on a solicitor-client basis), charge, expense, outgoing or payment which Manukora FZCO may suffer, incur or become liable in connection with any breach of the Buyer of its obligations or undertakings under this Agreement or any acts or omissions of the Buyer in using any of the Products provided by Manukora FZCO under this Agreement.

      9.2  This clause 10 will survive the termination of this Agreement.

       

      10.0  Intellectual Property

      10.1  The Buyer acknowledges that Manukora FZCO is the owner of the intellectual property rights in the Products.Nothing in this Agreement shall give the Buyer any rights whatsoever to the intellectual property of Manukora FZCO which intellectual property shall at all times during the term of this Agreement and thereafter remain the exclusive and proprietary property of Manukora FZCO. 

      10.2  The Buyer agrees:

      1. (a)   not to use the intellectual property of Manukora FZCO except as expressly authorised by Manukora FZCO; and
      2. (b)   not to tamper with or remove any markings, patent numbers or other indication of the source of origin of the Products that may be placed by Manukora FZCO on the Products.

      10.3  If at any time the Buyer discovers any improvement to the Products the Buyer will immediately provide Manukora FZCO with the details of the improvement and acknowledge that the intellectual property in any such improvement and the right to obtain any relevant protection belongs to Manukora FZCO.

      10.4  This clause 11 will survive the termination of this Agreement.

       

      11.0  Confidentiality

      11.1  All intellectual property belonging to and information relating to Manukora FZCO and its affiliated companies (collectively, "Orafoods Limited") (including but not limited to information relating to the business and products of Orafoods Limited, the terms and existence of this Agreement) which by designation or by its nature is intended to be treated as confidential will be confidential information for the purposes of this Agreement (“Confidential Information”).

      11.2  The Buyer will not without Manukora’s prior written consent disclose any Confidential Information to any third party.

      11.3  This clause 12 will survive the termination of this Agreement.

       

      12.0  Use of Information

      12.1  The Buyer agrees that Manukora FZCO may obtain information about the Buyer and its financial and business affairs from the Buyer or any other person in the course of Manukora’s business, including credit assessment, debt collection and direct marketing activities, and the Buyer consents to any person providing Manukora FZCO with such information.

      12.2  The Buyer agrees that Manukora FZCO may use the information it has about the Buyer relating to the Buyer’s credit worthiness for its own reference purposes.

      12.3  The Buyer must notify Manukora FZCO of any change in circumstances that may alter the information provided by the Buyer to Manukora FZCO.

       

      13.0  Force Majeure

      13.1  Manukora FZCO will not be liable for any delay or failure in the performance of any of its obligations under this Agreement to the extent that such delay or failure is occasioned beyond the reasonable control and without the fault or negligence of Manukora FZCO.

       

      14.0  Terms and Conditions

      14.1  No alteration or variation of this Agreement will be binding upon Manukora FZCO unless authorised and confirmed by Manukora FZCO in writing.

       

      15.0 Termination

      15.1  If the Buyer fails to pay any monies owing to Manukora FZCO under this Agreement, commits any act of bankruptcy, or being a company does any act, which would render it liable to be wound up, has a receiver appointed over its property, or otherwise breaches a material term of this Agreement, Manukora FZCO may (without prejudice to any other remedies available to it) suspend or terminate this Agreement and the proportion of the monies owing, calculated according to those Products supplied and those already ordered and manufactured, will immediately fall due and payable.

      15.2  Any termination of this Agreement shall be without prejudice to any rights or obligations of a party arising prior to the effective date of the termination.

       

      16.0  Dispute Resolution

      16.1  In the event of any dispute between the parties in relation to this Agreement, the parties will first seek to resolve the dispute by giving prompt notice to the other party and in good faith endeavour to resolve the dispute.  If the dispute remains unresolved the parties will seek a resolution through the use of mediation or other informed method of resolution before pursuing arbitration in New Zealand or resolution through the Courts of New Zealand.

       

      17.0  Governing Law

      17.1  This Agreement will be deemed to be made in New Zealand and will in all respects (including enforcement thereof) be construed and governed by the laws of New Zealand but on points of patent, trade mark or copyright law or procedure is to be governed by the law of the country granting the patent or trade mark registration or the copyright protection.  The parties irrevocably waive any objection to New Zealand as the forum for proceedings on grounds of forum non conveniens or any similar grounds.

       

      18.0  Notices

      18.1  Every notice given under this Agreement will be sufficiently given if delivered personally, posted or transmitted successfully by email or fax to the intended recipient at his/her or its last known address, email address or facsimile number (as applicable).

       

      19.0  Individual Liability and Guarantees

      19.1  Where the Buyer comprises more than one person carrying on businesses in partnership, each and every individual partner will be jointly and severally liable to Manukora FZCO in respect of all or any indebtedness or liability of the Buyer arising out of this Agreement.

       

      20.0  Miscellaneous

      20.1  Assignability:  The Buyer will not assign or otherwise transfer or encumber its rights or obligations under this Agreement except with the prior written consent of Manukora FZCO.

      20.2  Entire Agreement:  This Agreement constitutes the entire understanding and agreement between the parties and supersedes all prior understandings, agreement, promises, assurances, warranties and representations between the parties, whether written or oral, with respect to the subject matter hereof.

      20.3  Waiver:  No waiver of any provision of this Agreement will serve as a waiver of any other provision of this Agreement nor as a continuing waiver of such provision and Manukora FZCO will not have waived or deemed to have waived any provision of this Agreement unless such waiver is in writing and executed by Manukora FZCO.

      20.4  Survivorship:  Termination of this Agreement for any reason will not affect such rights and obligations of the parties as are intended to survive the termination, which include but are not limited to those clauses expressed as surviving the termination of this Agreement.

      20.5 Counterparts:  This Agreement may be executed in counterparts (which may be facsimile copies) and all of which, when taken together constitute the one document.

      20.6 Severability:  Should any part or provision of this Agreement be held unenforceable or in conflict with any applicable laws or regulations, the invalid or unenforceable part or provision will be replaced with a provision which accomplishes, to such extent as possible, the original business purpose of the part or provision in a valid and enforceable manner, and the remainder of the Agreement will remain binding on the parties.