Thank you for choosing to purchase products from Tot’s Pantry Limited (’the Company’). We are a wholly owned New Zealand company registered under company number 5481908.
These Terms & Conditions constitute a legally binding contract between the customer (“you”) and the Company and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from the Company. All of our Goods are made to order. By placing an order for Goods from the Company you agree to these Terms & Conditions.For the purposes of section 28B of the Fair Trading Act 1986, the Company is a ‘person in trade’.
DEFINITIONS
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Website” means totspantry.co.nz or www.totspantry.com
“Working Day” means any day other than Saturday, Sunday or public holiday in New Zealand.
YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws Including, without limitation, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Consumer Guarantees Act) which cannot by law be excluded, restricted or modified.
PRICING & TAXES
Prices for Goods are as shown on the Website.
The Company reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by the Company. In addition to the price for the Goods, you will also need to pay the advertised Delivery Charge (if any). Any Delivery Charge will appear in your shopping cart. In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you believe that you might live in such an area, you can email Customer Service via [email protected] for more information By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any Additional Delivery Charge. All prices and Delivery Charges and Additional Delivery Charges quoted are in New Zealand dollars and are inclusive of GST.
YOUR ACCOUNT
You may not set up an Account for someone else. Please ensure that you enter all information carefully when creating an Account. You warrant to the Company that all information provided by you in relation to your Account is complete, true and accurate You must notify the Company immediately if you become aware of any actual or potential unauthorised use of your Password or Account. Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), the Company will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify the Company, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all. If the Company suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify the Company then you must pay the Company the amount of that loss, damage, cost or expense if the Company asks you to.
