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WEBSITE TERMS AND CONDITIONS OF TRADE OF TOT’S PANTRY LIMITED (THE “COMPANY”)


Last Updated: Oct 2020.

Thank you for choosing to purchase products from Tot’s Pantry Limited. We are a wholly owned New Zealand company registered under number 5481908.

These Terms and 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 and Conditions.
For the purposes of section 28B of the Fair Trading Act 1986, the Company is a “person in trade”.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. 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 www.totspantry.co.nz or www.totspantry.com

Working Day” means any day other than Saturday, Sunday or public holiday in New Zealand.

2. 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.

3. PRICING & TAXES

3.1 Prices for Goods are as shown on the Website.

3.2 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.

3.3 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.

3.4 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 hello@totspantry.co.nz. for more information

3.5 By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any Additional Delivery Charge.

3.6 All prices and Delivery Charges and Additional Delivery Charges quoted are in New Zealand dollars and are inclusive of GST.

 

4. YOUR ACCOUNT

4.1 You may not set up an Account for someone else.

4.2 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

4.3 You must notify the Company immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.4 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.

4.5 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.

 

5. ORDERS

5.1 You can place an Order by following the instructions on the Website.

5.2 You can place an Order at any time, (in accordance with clause 9.1 of these Terms and Conditions), the Company will deliver your goods to you within 2-5 business days. There may be occurences where this cannot be met by the compay, at which poitn, the Company will contact you to advise of the delay.

5.3 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. The Company may accept or reject your offer in its absolute discretion.

5.4 Each Order that you place will, if accepted by the Company, be a separate and binding agreement between you and the Company with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to the Company that all information provided by you in relation to each Order is complete, true and accurate.

5.6 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by the Company. The Company will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

5.7 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 your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by the Company, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. The Company will not, as a general practice, consolidate separate Orders into one delivery, but may do so in its sole discretion if the Company considers it can do so.

5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together.

5.10 You acknowledge that if you have purchased any Goods for business purposes (in terms of section 2 and/or section 43 of the Consumer Guarantees Act 1993), that the provisions of the Consumer Guarantees Act 1993 shall not apply to the supply of those Goods by the Company to you.

5.11 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed. The Company accepts no liability to you for any loss in these circumstances.

5.12 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

5.13 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 arising out of or in connection with of any of the events set out in Section 5.12 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

6.1 When you submit an Order the Company will take a pre-authorisation from your payment method. However, actual payment is not taken at this time and is made in accordance with clause 6.4 below.

6.2 If the Company is unable to fulfil your Order we will contact you cancelling your Order as soon as practicable.

6.3 In the event that your Order is cancelled following the taking of the pre-authorisation, the pre-authorisation will be cancelled. The time that it takes for the pre-authorisation to be cancelled is likely to be between 1 and 10 days and will depend upon how quickly your financial institution/payment provider processes the cancellation.

6.4 The Company will process payment for your Order when your payment has passed pre-authorisation. At this time the Company will send you an email confirming that payment has been made and providing you with an order number. This email represents confirmation that your Order has been accepted.

6.5 When the Company accepts an Order it represents an agreement by the Company to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.6 You must pay for Goods by credit card (Visa or Mastercard), or debit card. The name on the credit card/debitcard must match the name on the Order. By providing your credit card/payment card you authorise the Company to deduct the price and the applicable delivery charge(s) from such card.

6.7 The Company reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.8 The Company may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, your Order will be placed on hold and the Company will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with the Company’s requests within the timescale specified, the Company may cancel your Order.

6.9 Goods that you have ordered will not be despatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

 

7. CANCELLATION OF ORDERS

7.1 The Company reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. The Company may do this for example, but without limitation, where:

(a) the Company’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond the Company’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that the Company is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) you ask the Company to cancel your Order in accordance with section 5.5; or

(e) in the circumstances set out in Section 6.8.

7.2 You may cancel your Order where the Company:

(a) has breached a material term of this Agreement;

(b) has not delivered your Order on the day specified in clause 9.1 of these Terms and Conditions, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside the Company’s control including the situations set out in Sections 7.1(a) and (b) above;

7.3 In the unlikely event of the Company or you cancelling your Order after payment has been processed, the Company will refund any money paid in respect of that Order. Section 11 of these Terms and Conditions sets out further information about refunds.

7.4 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act) or as expressly set out in these terms and conditions, 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 cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all. 

 

8. AVAILABILITY OF GOODS

8.1 As the Company is dependent upon its Suppliers to provide stock, the Company cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. The Company reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. 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 the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

9. DELIVERY

9.1 Once the Company has confirmed acceptance of your Order, the Company will deliver the Goods to you within 2-5 bsiness days following the placing of your Order (provided the timeframes in clause 5.2 of these Terms and Conditions have been met). If the Company is unable to dispatch your order within the date range specified, the Company will endeavour to contact you and advise you of the expected date for dispatch.

9.2 You may specify delivery instructions for any order (for example, you may authorise the delivery agent to leave the Goods in a specified location if you will not be at the delivery address). The Company will not be responsible for any Order that is delivered in accordance with your delivery instructions.

9.3 The Company will deliver the Goods at a temperature that is below 0 degrees Celsius. Once risk and title has passed to you in accordance with clause 9.4, the Company shall not be responsible for the Goods not being frozen.

9.4 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

9.5 Goods will only be delivered to addresses that are non-rural and can be delivered within the couriers overnight service.

9.6 The Company may, in its absolute discretion, agree to accept Orders for rural delivery, but is under no obligation to do so.

9.7 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address the Company may charge you a reasonable fee for doing this.

 

10. REFUNDS OF YOUR MONEY

10.1 Where the Company is obliged to refund your payment pursuant to these Terms and Conditions, the Company aims to initiate your refund within five (5) Working Days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.

10.2 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 any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

11. RETURNS / FAULTY OR DAMAGED GOODS

11.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged and free from defect. If this is not the case you should contact the Company on hello@totspantry.co.nz as soon as possible.

11.2 If you have a problem with any Goods or otherwise wish to return them please contact us on hello@totspantry.co.nz.

11.3 The Company will not accept the return of any Goods that comply with the order placed by your for those Goods.

11.4 If the Company has agreed to you returning any Goods, when returning Goods:

(a) please provide the Company with your invoice number that relates to the Goods that you are returning;

(b) please deliver the Goods to the Company’s store or warehouse in original condition and packaging. The Goods will remain your responsibility until they have been delivered to the Company, and such Goods will be delivered at your expense. The Company shall not be responsible for misdirected shipments or products that have been lost or damaged in transit.

11.5 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

11.6 Any returned Goods will be paid solely at the Company’s discretion, and will be made in the form of the original payment method used to pay for the Goods by you.

 

12. MORE INFORMATION ABOUT THE COMPANY’S LIABILITY TO YOU

12.1 To the full extent permitted at law, the Company is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss of goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or Account.

 

13. PRIVACY AND PROVISION OF INFORMATION BY YOU TO THE COMPANY

13.1 The Company’s policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions

13.2 The Company may, from time to time, seek information for the purposes of competitions, from you or your family (which you are not obliged to provide, as a matter of course), but if you do, the terms of clause 13.3 shall apply. This information includes, but is not limited to, photographs, quotes, recipes and other ideas to which you have rights of ownership.

13.3 Provided that, by acknowledging to the Company in some manner that you agree to the Company using the information, you agree that the Company may use such information on the Company’s website, social media platforms operated by the Company, for advertising purposes or in any other medium whatsoever. In giving such consent, you warrant that you are entitled to give consent to the Company to use that information (because you own that information or have a legal right to deal with that information) and you further agree that the Company may use such information freely, and as often as the Company desires, until you advise the Company, in writing, that the information may no longer be used by the Company. Such revocation of authority to use the information shall be without prejudice to the use of the information by the Company that is already in the public domain (and for the avoidance of doubt, the Company shall be under no obligation to remove such information from any platform). You further acknowledge that such information may be about your children, and as such, as the legal guardian of those children, you do not object to that information being used by the Company. You shall not upload information about any children other than those children for whom you are a parent or legal guardian.

13.4 For the purposes of clause 13.3, if the Company suffers any loss, damage, cost or expense as a result of the use of any information by the Company for which you have given the Company consent to use, then you must pay the Company the amount of that loss, damage, cost or expense if the Company asks you to.

 

14. GENERAL

14.1 The Company reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

14.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

14.3 These Terms and Conditions are governed by the laws of New Zealand