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Terms and Conditions

Use of Website subject to terms and conditions

1. Use of the Website, Purchase from food warehouse, subject to these terms and conditions

Your access to, and use of, the Website and your purchase and use of the services and products able to be purchased via the Website is subject to the following terms and conditions.

By using the Website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.

Registration and Orders

2. Ordering rules

  1. You can choose your order online and arrange delivery in next 1-3 days.
  2. The cut off time for ordering, or skipping or removing an order is everyday at 1200 hours (midday).
  3. The cut off day and time for changing delivery point and dates is on at 10:00pm the day before the relevant Delivery Date.

3. FOOD WAREHOUSE discretion

  1. has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever;
  2. has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Food warehouse may cancel an order for any reason whatsoever; and
  3. may, at its absolute discretion, suspend or terminate the ability of any Customer to order through the Website for any reason whatsoever.

4. Customer liable for every order

You are liable for every order made under your Login which has not been removed or skipped pursuant to the Ordering Rules.

Price and Payment

5. Pricing

The prices are per order and are listed on the Website. All price inclusive of GST. Where additional delivery costs are applicable, these costs will be clearly indicated during the order process. Delivery costs are inclusive of GST.

All amounts are in New Zealand dollars.

FOOD WAREHOUSE reserves the right to change the prices from time to time during the term of this agreement.

6. Invoicing

FOOD WAREHOUSE will invoice you via email.

Product availability and quality

13. Product availability

FOOD WAREHOUSE will make every effort to fulfil orders placed with the Website, however we will not be liable to any person if we are unable, or decline, to supply the order or Product for any reason whatsoever, other than to refund the amounts paid in respect of the order or Product.

For the sake of the nature of food processing, we are not able to give you the exact quantity of food you ordered, say precisely 1kg. We will try our best to give you the desired quantity, but it is quite possible that the quantity provided to you is less than the desired quantity. In such cases we will either allocate credit to your account in our system or perform a partial refund.

We reserve the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by you for that order will be adjusted accordingly.

14. Product Quality

In establishing that a Product was damaged or spoiled on delivery to you, we may require photographic evidence and/or a sample of the damaged or spoiled Product.

If FOOD WAREHOUSE agrees that a Product was delivered to you in a damaged or spoiled condition, FOOD WAREHOUSE shall, at your request, credit the value of the relevant Product to you. We will credit you by either crediting your credit card or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.

All products supplied will be labelled with a ‘best before’ date. Check all best before dates on arrival and consume before this date. Most seafood, poultry and meat products can be frozen, unless labelled otherwise.

Seafood recipes are best eaten first, followed by chicken, then pork, then red meat.

Delivery

15. DELIVERY FEE

We offer flat fees for delivery in most areas - $12.

A minimum order value of $50 per order will be applied at checkout. This amount is added on top of your order. The FOOD WAREHOUSE responsibility ends at our delivery point.We deliver fresh, chilled, Non-food and frozen products.

PLEASE BE THERE

While it is always preferable that someone is available to receive the delivery, we understand that sometimes this may not be the case. As we have tight timelines for delivery, your order may be left at the specified delivery point or returned to THE FOOD WAREHOUSE.

If your order is left at your door, you are responsible for the order. Please see our terms and conditions for further information, including orders that contain restricted products.If your order returned to the FOOD WAREHOUSE, The delivery fee will apply for another delivery.

DELIVERY TIME

Unfortunately we are not able to tell you the delivery time. Our couriers have many deliveries to complete within a certain time, and our delivery routes are based on what is most efficient.

16. Delivery and Liability

Deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date.

If FOOD WAREHOUSE brings the order inside the Premises, beyond the Delivery Point, at your request, or other person accepting delivery of the order on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, FOOD WAREHOUSE will, subject to any liability arising at law which cannot be excluded including under the CGA and FTA, not be liable for any direct or indirect damage or loss (including in negligence) suffered by you or any third party in doing so.

FOOD WAREHOUSE shall be entitled to assume that any person accepting delivery of the Products is either the Customer or someone that is authorised to do so on behalf of the Customer.

17. Accessibility, safety and deemed delivery

You must ensure that your Delivery Point is easily accessible to FOOD WAREHOUSE' delivery person, and that it is safe for our delivery person to enter your premises in order to complete the delivery. If in our delivery person's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to FOOD WAREHOUSE are not reached, we will be relieved of our obligation to deliver the order but you will be liable for payment for it in full as if you had received the order.

In the situation where it is safe to complete delivery but there is no person present at the Delivery Point at the time of delivery, or you or any other person fails or refuses to take delivery of the order, the order will be left at the Delivery Point and be deemed to have been delivered at that point in time.

Once delivered you are responsible for all ingredients. Depending on the season and temperature at the time of delivery, we recommend unpacking your items as soon as possible to maintain fresh or frozen. Advance planning may be required by you to ensure proper storage of your order prior to consumption.

18. Change of Address

You must notify FOOD WAREHOUSE immediately of a change to your delivery address. You can alter the Delivery Point and Premises at any time at least 1 day before the day for delivery of the order.

19. Delays to Delivery

FOOD WAREHOUSE always aims to deliver on time but may from time to time be delayed and shall not be liable for failure to deliver on a timely basis.

If FOOD WAREHOUSE considers that the delivery of your order is likely to be substantially delayed, FOOD WAREHOUSE will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and FOOD WAREHOUSE will credit you with the cost of that order.

We will credit you by either crediting your credit card or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.

Where the Delivery Date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day. In any such case we will endeavour to notify you at least 24 hours before the relevant Delivery Date.

20. Incorrectly or undelivered Products

If any Product or order delivered does not correspond with a Product you ordered, you can:

a. keep the incorrectly-delivered Product or order, in which case no adjustment will be made to the payment due from you for the order containing the incorrect Product or order; or

b.reject the incorrectly-delivered Product or order, in which case: in the case of an incorrectly delivered Product, FOOD WAREHOUSE will refund the value of the Product that was originally ordered; and

i) in the case of an incorrectly delivered order ,FOOD WAREHOUSE will at its option either replace that Order within a reasonable time or refund the value of the order that was originally ordered.

We will refund you by either crediting your credit card or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.

If you choose to reject an incorrectly-delivered Order in accordance with sub-clause (b), FOOD WAREHOUSE reserves the right to collect the incorrectly-delivered Order from you. If you are unable, or refuse, to deliver up the Order when requested, or deliver the Order in a different state (e.g., with some Products missing or partially consumed) than the state in which it was delivered to you, FOOD WAREHOUSE reserves the right to charge you for that Order.

Ownership and Risk

21. Risk Passes on Delivery

Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.

Warranties

22. Warranties limited

You have statutory rights under the CGA and FTA that cannot be excluded or limited in any way, subject to those rights all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law. You acknowledge that you do not rely on any representation or statement made by or on behalf of any member of FOOD WAREHOUSE other than the express provisions of these terms and conditions. You must ensure that the Products are not used for any purpose for which they are not suitable and you are responsible for using all necessary skill and care in handling and using the Products. You expressly acknowledge and agree that FOOD WAREHOUSE does not assume any obligation or liability for any advice given, and that all such Products are accepted by you entirely at your risk.

Liability and Indemnity

23. Allergies and specific dietary requirements (including gluten free and gluten lite products)

24. Product liability

Under the CGA and FTA FOOD WAREHOUSE’s liability to you cannot be excluded or limited in any way. Subject to the CGA and FTA the liability of FOOD WAREHOUSE whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of FOOD WAREHOUSE' obligations relating to the Products hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

25. No liability for indirect loss

You have statutory rights under the CGA and FTA to recover compensation for consequential loss arising from a breach of the CGA or FTA, these rights cannot be excluded or limited in any way. Subject to the CGA and FTA FOOD WAREHOUSE shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, or the delivery or failure to deliver any Products.

Intellectual Property

26. All intellectual property owned by FOOD WAREHOUSE

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website and its contents and all Recipes is owned by, and shall at all times remain the exclusive property of, FOOD WAREHOUSE, its licensors and the providers of any other products and services accessible through the Website, and is protected by New Zealand and international law.

Force Majeure

27. Effect of force majeure

If the performance by FOOD WAREHOUSE of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of FOOD WAREHOUSE) FOOD WAREHOUSE shall be excused from such performance to the extent of such prevention.

Privacy

28. Collection of information

The Website contains applications which collect personal information about you. FOOD WAREHOUSE will only use this information to the extent authorised by you, and will only disclose it in the manner set out below.

In using the Website, you authorise FOOD WAREHOUSE to collect, retain and use your personal information for the purposes of:

  1. processing your registration application;
  2. assessing your credit-worthiness;
  3. undertaking any dealings or transactions with you;
  4. enforcing any legal or other rights FOOD WAREHOUSE may have against you in any manner that FOOD WAREHOUSE sees fit;
  5. sending you any advertising or promotional material;
  6. enhancing the Website so that FOOD WAREHOUSE may offer you a better, more personalised and tailored service; and
  7. Instructing our third party delivery agents.

29. Collection from other sources

In using the Website you further authorise FOOD WAREHOUSE to collect personal information about you from any other source available to FOOD WAREHOUSE including but not limited to credit referral agencies, your bank, any other suppliers of products and services to you and other persons or companies with whom you have been associated.

30. FOOD WAREHOUSEs' right to refuse application

If sufficient personal information is not supplied, or is not satisfactory to FOOD WAREHOUSE, then FOOD WAREHOUSE reserves the right to refuse to accept your application to register to use the Website or to make orders.

31. FOOD WAREHOUSEs' use of cookies

The Website may use 'cookies'. Cookies are an element of data that the Website can send to your browser, which may then store it on your system. To use the Website you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.

The Website may from time to time use, Google Display Advertising services. In this context, FOOD WAREHOUSE may from time to time use Google Analytics cookies for AdWords Remarketing – displaying FOOD WAREHOUSE advertisements on the Google Display Network based on visitors’ interactions with the FOOD WAREHOUSE website. No personally identifiable data is collected for this advertising. Visitors can opt out of Google Analytics for Display Advertising and customise Google Display Network ads using Google’s Ads Preferences Manager. Visitors can also opt out of visit information being collected by Google Analytics on all websites by using the Google Analytics Opt-Out Browser Add-On.

32. Information retained by FOOD WAREHOUSE

Any personal information (excluding credit card details) supplied by you may be retained by FOOD WAREHOUSE until such time as you request that the information be removed.

33. Disclosure

Any personal information supplied by you and retained by FOOD WAREHOUSE may be disclosed to other persons or body corporates engaged by FOOD WAREHOUSE for or in relation to any of the purposes listed in clause 26 above, including but not limited to:

  1. Research and/or marketing firms.
  2. Credit referral agencies.
  3. Business advisors.

FOOD WAREHOUSE may also disclose aggregated user statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.

34. Storage of personal information

FOOD WAREHOUSE has taken many steps, from both technical and systems perspectives, to ensure that your information is well protected. However it is important that you remember to never share your Login with any other person.

While FOOD WAREHOUSE endeavours to keep your personal information collected on the Website secure and confidential, FOOD WAREHOUSE shall not be responsible for any breach of security caused by third parties, nor represents that the Website is completely secure.

35. Your rights of access

You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information held by FOOD WAREHOUSE. If you do so, you agree to pay FOOD WAREHOUSE the reasonable charges requested by FOOD WAREHOUSE in relation to time and attendances involved in complying with your request in this regard.

Access to your personal information held by FOOD WAREHOUSE is available to you in the "My Account" area of the Website. You can change or update your personal inform

ation at any time in the "My Account" area of the Website.

Termination

36. Right to terminate in certain circumstances

Either party may terminate this agreement immediately on notice to the other if the other:

a) being a Company:

i) goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or

ii) has a receiver or statutory manager appointed; or

iii) goes into voluntary administration; or

b) being a natural person:

i) dies; or

ii) commits any act of bankruptcy; or

iii) commits any criminal offence punishable by imprisonment; or

iv) proposes or enters into any scheme of arrangement or composition with its creditors; or

v) fails to pay an amount due under this agreement within 7 days of the due date; or

vi) breaches any other term of this agreement and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.

37. Customer rights to terminate

Except in the case of orders which you have paid for (e.g. first time orders or Speciality orders), you can terminate this agreement at any time temporarily or indefinitely by notifying us via your online account. The cut off day and time for skipping or removing an order is at 1200 hours (midday) the week before the relevant Delivery Date.

38. Termination does not relieve parties from liability up to termination date

Termination of this agreement does not relieve the parties from liability under this agreement up to the time of termination, nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that we can continue to market our products and services to you after termination unless you advise us that you do not wish to receive any further material from us.

39. FOOD WAREHOUSE right to suspend

If orders are not paid for in full or a Customer's bank declines payment on a Customer's bank card and as a result money is owing to FOOD WAREHOUSE, then FOOD WAREHOUSE reserves the right to suspend the Customer's ability to place further orders on the Website until such time as the outstanding balance has been paid in full.

40. No waiver of FOOD WAREHOUSE rights

FOOD WAREHOUSE's failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.

Website content and use

41. Links to third party websites

Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by FOOD WAREHOUSE. FOOD WAREHOUSE does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than the Website.

42. Security of information

FOOD WAREHOUSE shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, FOOD WAREHOUSE will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

43. Login

You must keep your Login details safe and confidential at all times.

44. Site content

While FOOD WAREHOUSE has endeavoured to ensure that the information provided on the Website is free from error,FOOD WAREHOUSE does not warrant its accuracy, adequacy or completeness, and FOOD WAREHOUSE shall not be responsible or liable for any error in, or omission from, the information provided on the Website.

We reserve the right to make changes to the information provided on the Website at any time and without notice.

45. Use of the site

You agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the Website for your own personal use but otherwise neither the Website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without FOOD WAREHOUSEs' prior written consent. You agree that you will not interfere with any other party's use and enjoyment of the Website, or damage the operation of the Website, or FOOD WAREHOUSEs' systems or those of other persons who use the Website, whether by way of a virus, corrupted file, any other software or program, or otherwise.

46. Indemnity

Notwithstanding any other term, you agree to indemnify FOOD WAREHOUSE against all liabilities, losses, claims and expenses suffered or incurred by you, and all claims and demands made against FOOD WAREHOUSE, arising directly or indirectly out of your use of the Website, in breach of these terms and conditions.

Variation of terms and conditions

47. Variation of terms and conditions

From time to time we may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of the Website after the terms and conditions have been changed indicates your acceptance of those changes.

48. FOOD WAREHOUSE reserves the right to make improvements to terms and conditions

FOOD WAREHOUSE Online reserves the right to make improvements or changes to these Terms and Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities and to meet legal or regulatory requirements). If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

Notice

49. How you can give us notice

You can give us notice under these terms and conditions via the "My Account" section on the Website.

50. How we will give you notice

We will give you notice by phoning, emailing and/or texting you.

Governing Law

51. New Zealand Law governs

New Zealand law governs the use of the Website and these terms and conditions.

Definitions

52. Definitions

"this Agreement" means the agreement made when we accept an order from you to purchase Orders, the terms of which are set out in your order and these terms and conditions.

"Order" means a delivery of Recipes along with food ingredients necessary for the relevant Recipes, which are able to be ordered via the Website and includes add on order and Speciality Orders.

"CGA" means the Consumer Guarantees Act 1993.

"Customer", "you" and "your" means you and any other person who registers, and/or place the order, under your Login.

"Delivery Date" means, subject to these terms and conditions, a Sunday or Monday.

"Delivery Point" means an outside area of the Premises, such as your front door, or any particular outside area specified by you in making an order via the Website. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building.

"FTA" means the Fair Trading Act 1986.

"GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

"Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) copyright in the Recipes.

"Login" means your personal email address and password used to access the Website under your registration.

"FOOD WAREHOUSE" "we" and "our" means FOOD WAREHOUSE Limited, which is the seller of the Products and the orders and the owner of the Intellectual Property and includes its related companies, directors, officers, employees or agents.

"Premises" means the premises at the address specified by you on your registration application, as amended from time to time.

"Products" means the produce, meat and fish and any other products from time to time included in orders, and sold via the Website.

"The Website" means this internet site owned by FOOD WAREHOUSE, being the medium by which you subscribe to receive Orders.

"Text Messaging Service" means the text messaging service provided by FOOD WAREHOUSEg which enables Customers to resume delivery of their Orders by responding to a text message sent by FOOD WAREHOUSE within a specified time period.