New World (“we”, “our” or “us” in these terms and conditions) offers an online supermarket where you can search for and purchase grocery items (Groceries) through the New World website or mobile application. For the purposes of these terms and conditions, any references to New World’s online shopping service or New World’s online shop include:
(a) the online shopping service; and
(b) the New World website or mobile application that you use to access and use the online shopping service.
Your use of New World’s online shopping service via the New World website or mobile application is governed by these terms and conditions so please read them carefully.
The systems and intellectual property rights relating to or supporting New World’s online shopping service are owned or controlled by Foodstuffs North Island, Foodstuffs South Island, Foodstuffs (N.Z.) Limited, and/or any affiliate, subsidiary or related company of those Foodstuffs entities (together, Foodstuffs).
The New World supermarket that you have selected to supply or deliver your Groceries (your “nominated store”) is responsible for the supply and delivery of Groceries ordered by you through New World’s online shopping service. Any orders you place through New World’s online shopping service are legally binding offers and if accepted by us, a legally binding contract is formed between you and your nominated store.
New World’s online shopping service is intended for use by people located in New Zealand.
1.1 Your use of New World’s online shopping service
By accessing, searching for and/or ordering your Groceries through New World’s online shopping service, you are deemed to have read and agreed to these terms and conditions. You are responsible for any data or telecommunications charges when you shop online with New World.
1.2 Registration and use of your details
You must register to use New World’s online shopping service and to search for and buy Groceries. You can complete this New World registration by registering as a New World customer where indicated on the New World website or mobile application and providing your nominated email address, password and other requested information.
If you are a New World Clubcard member, you can provide your New World Clubcard number at registration so that we recognise you and can find your details.
You agree that you are responsible for anyone using New World’s online shopping service using your nominated email address and password – please keep your nominated email address and password confidential. You will ensure that the information you provide to us is accurate, up-to-date and not misleading, and that we can rely on this information for the purposes of fulfilling your orders.
1.3 Termination/suspension of access to New World’s online shopping service
We may refuse any application to use New World’s online shopping service. We may also, at our discretion, suspend or terminate your access to New World’s online shopping service at any time for any reason.
2. PLACING AN ORDER FOR YOUR GROCERIES
2.1 General (Delivery or Click & Collect)
We offer two options for receiving your Groceries. We can deliver them direct to your nominated delivery address, or you can pick them up from your nominated store (using Click & Collect). We discuss these two options in more detail below.
Please note that some of our stores may only offer a Click & Collect service, while other stores may only offer a Delivery service.
We reserve the right to refuse any order placed via the New World online shopping service at our sole discretion.
Where payment for a refused order has been charged to your credit or debit card or you are otherwise entitled to a refund for Groceries paid for using a credit or debit card, we will refund the value of that order to the credit or debit card that was used for payment provided the credit or debit card has not expired. If the payment card has expired and it is not possible to refund the card used for payment, you will be refunded the full value you are entitled to in New World Dollars.
Where payment for a refused order has been deducted from your New World Dollars balance or you are otherwise entitled to a refund for Groceries paid for using New World Dollars, we will refund the value of that order in New World Dollars.
2.2 Minimum order value
The total estimated value of your order shown on the “check-out” page must be at least $1 before your order for Groceries will be accepted.
2.3 Order cut-off times
Orders for Delivery and Click & Collect must be placed before the order cut-off times displayed on New World’s online shop or otherwise determined by us (the relevant cut-off time for your order being referred to as the Order Cut-Off Time(s) in these terms and conditions). Order Cut-Off Times may change from time to time as determined by us.
2.4 Click & Collect and Delivery Timeslots
We will offer Click & Collect and Delivery services between set hours, and these services will be allocated by scheduled timeslots that can be booked through the New World online shopping service.
There may be a limit to the number of orders that can be delivered or picked-up during each available timeslot. You can reserve a Click & Collect Timeslot or Delivery Timeslot for up to 30 minutes while you select your Groceries. After that time, we cannot guarantee that the Click & Collect Timeslot or Delivery Timeslot you reserved will still be available and you may be prompted by New World to select another timeslot.
We will do what we reasonably can to deliver or make your order available for pick-up within the timeslot selected by you. If it is not possible for us to deliver or make your order available for pickup within the timeslot you have selected we will try to contact you using the contact information. We reserve the right to amend timeslot schedules, including Click & Collect and Delivery times, at our sole discretion.
2.5 Estimated order value and final order value
The order value at the time you place your order is an estimated total only. The final order value is the actual price you will pay for your Groceries (plus any service fees for Delivery and Click & Collect, as explained below) and may change from the estimated order value for the following reasons:
• Variable weight items – if you have ordered Grocery items that need to be weighed (such as produce, seafood, meat and deli items from our fresh food departments) or are pre-packed items that are of variable weight, you will be charged for the actual weight of the item picked by our Personal Shoppers (at the unit price displayed by New World at the time you placed your order). Our Personal Shoppers will do their best to ensure that the items you actually get and pay for weigh as close as possible to the weight you ordered.
• Substitutions – if you have agreed that substitutions are allowed, the final value of your order may reduce as a result of us substituting items that are not available for similar items. You will be charged the cheaper price of either the item ordered or the substituted item.
• No substitutions – if you have not agreed to allow for substitutions, the final value of your order may reduce from the estimated order value, as a result of us removing Groceries from your order that are not available.
You will be provided a final invoice at the time of pick up or delivery.
Please also note that if we allow you to change your Grocery order under clause 2.13, pricing for your order may change. See clause 2.13 below for detail.
Service fees if any will be calculated based on the final order value.
2.6 Service fees
We may charge service and delivery fees for orders placed through our New World online store. These fees may change from time to time. You will be notified of any applicable fees at the time of placing your order.
Orders must be paid for by credit or debit card (Visa or Mastercard) or by using New World Dollars. You may also opt to split your payment and use a combination of payment methods.
If you are using New World Dollars to pay for Groceries online (in full or in part), you must ensure your nominated Clubcard is linked to your online shopping account and then select the amount of New World Dollars you would like to use at the checkout.
You cannot use New World Gift Cards or Christmas Club funds to pay for orders through New World’s online shopping service.
New World does not store complete or usable credit or debit card information. We may store other credit or debit card information used to pay for orders placed through New World’s online shopping service so that we can help you identify cards you have used to pay for your Groceries before and may like to use again. To pay for your order using a credit or debit card you will be transferred to a secure accredited partner that is PCI compliant.
If you are using a credit or debit card to pay for your Groceries, your credit or debit card will have a nominal amount (currently $1) held from the time you place your order to ensure your card is valid. This nominal amount will be reversed within 7 days of placing your order (it will not be taken off the payment for your order). Payment for your order will be processed on the date you have chosen to pick-up your Groceries or have them delivered. You must ensure you have sufficient funds available on your credit or debit card to pay for the order on this date. If you have insufficient funds on that date then your order will not be processed or provided. We will contact you to let you know that your order has been cancelled.
If you are using New World Dollars for payment of your order, a hold will be placed on the full value of the New World Dollars needed to pay for your Groceries on the date you place your order to ensure you have sufficient New World Dollars available. Your order will be processed and invoiced on the date you have chosen to pick-up your Groceries or have them delivered and your New World Dollars will be redeemed and deducted from your overall balance on this date. You agree to indemnify (compensate) us against any loss or damage that we incur arising out of any default by your credit or debit card provider to make payment to us in full and where for whatever reason the Groceries are made available to you for pick-up or otherwise delivered.
All prices set out in these terms and conditions and/or displayed by New World are in New Zealand Dollars (NZD) and include GST.
2.9 Confirmation of order
Once you have successfully submitted your order we will send you an order confirmation to the email address you have provided to us. Please check your spam or junk folders in case our email has been directed there. To avoid this, we recommend that you add our email address ([email protected]) to your contacts list. If your order confirmation has not come through within 4 hours then please call our Customer Support Centre on 0800 4 NEW WORLD (0800 463 996 ).
Please review your confirmation email when it comes through to check that everything is correct.
If something does not look right, then please contact our Customer Support Centre on 0800 4 NEW WORLD (0800 463 996).
2.11 Maximum number of items
We reserve the right to limit the number of each item we will supply in any transaction. You must not purchase items through New World for the purposes of resale. If we suspect that you are doing so, we may suspend or terminate your access to New World’s online shopping service and/or we may refuse to fulfil any order you place through New World’s online shopping service.
2.12 If what you order is not what you get
Our Personal Shoppers will do their best to pick your Groceries in accordance with your order and preferences. If you notice that you have been charged for a Grocery item you did not receive or have been supplied a Grocery item in error, then please contact our Customer Support Centre on 0800 4 NEW WORLD (0800 463 996) so that we can address the issue.
2.13 Changing or cancelling your order
You can change or cancel your order through New World’s online shop up until the applicable Order Cut-Off Time for the placing of your order (see clause 2.3 above). It may be possible for you to change or cancel your order after the Order Cut-Off Time by calling our Customer Support Centre on 0800 4 NEW WORLD (0800 463 996). We reserve the right to charge you a fee for any order that is amended or cancelled after the Order Cut-Off Time.
Please note that if we allow you to change your order, all of the prices of your order will update to the current pricing at that time. This means you may lose the benefit of any promotional pricing which applied when you first submitted your order. However, you may gain the benefit of any promotional pricing that has been introduced since you placed your original order.
If you confirm your change of order, we will send you an updated order confirmation email, which will have a new estimated order value based on prices listed on New World’s online shop when you made the change.
If you do not collect your Click & Collect order during your allocated time slot, or if you cancel your order within 24 hours of your scheduled collection, we may charge you a $20 handling fee to your payment card.
We do not allow returns for products purchased through New World’s online shop. However, if items you have purchased are damaged, faulty or spoiled at the time of delivery or pick-up, we will comply with our obligations under the Consumer Guarantees Act 1993.
When placing your order, please tell us in the relevant comments section any special instructions for our Personal Shoppers picking your Groceries. For example, in that section you could ask for “yellow firm bananas”, “ripe avocados”, or “please select items with the latest expiry date”. We will endeavour to meet any special requests you may have where possible.
2.16 Verification of payment
Foodstuffs may, for the purposes of mitigating fraud, request photo identification to verify the payment method used by you to place an order via New World’s online shopping service or your identity when you receive your order.
3. DELIVERY OF YOUR GROCERIES
3.1 Delivery to your nominated address
We can deliver your order to a nominated address that is within the delivery zone for your nominated store. We cannot deliver to addresses outside of a store’s delivery zone. We will do what we reasonably can to deliver within your chosen Delivery Timeslot. If that is not possible we will try to contact you using the contact information you provided to us.
3.2 Readily accessible
You must ensure that the delivery address you provide is safely and readily accessible. Please provide any specific delivery instructions in the “Details for the delivery team” section at the time of placing your order e.g. “Please leave groceries by the back door and close the garden gate”. We reserve the right to refuse delivery at our sole discretion, including where we or any delivery agent we engage consider it unsafe to enter or where there are hazards at the delivery address.
3.3 If you are not there when we deliver
There must be someone at the address to receive the order when it is delivered, unless you specifically authorise us to leave your order at the address. If there is no one to receive the order at the time of delivery, the order will be returned to the nominated store. We will not leave restricted items (alcohol, vape and tobacco products) unattended at the address in any situation. Where your Groceries are returned to the nominated store, we will contact you to arrange the collection. This may incur additional fees. Where Groceries are left at the delivery address they are left entirely at your own risk. We do not accept any responsibility after they have been delivered including where items are lost, stolen, damaged or perish as a result of being left unattended.
4. CLICK & COLLECT OPTION
4.1 Pick-up service
You can order online and collect your Groceries from your nominated store under our “Click & Collect” option. You can reserve a Click & Collect Timeslot when you select your Groceries on New World’s online shop. We will do what we reasonably can to ensure your Groceries are available for collection within your chosen Click & Collect Timeslot. If that is not possible we will try to contact you using the contact information you provided to us.
It is a requirement that the person collecting the Order must show valid photo identification before we will release the order. Please ensure they are ready to show identification on pickup.
4.2 Late pick-ups
We understand that for reasons outside of your control, you may not be able to pick up your Groceries on time. However, we cannot leave orders instore beyond your allocated Pick-up Timeslot. Any orders that have not been picked up will be moved and may be stored separately by us for a limited time (e.g. to ensure food safety). If you know you are going to be late to pick up your Groceries, please call our Customer Support Centre on 0800 4 NEW WORLD (0800 463 996). We may charge additional fees for late pick-ups.
5. AGE-RESTRICTED GROCERY ITEMS
5.1 Purchase of alcohol, vape or tobacco products
It is illegal for us to sell or supply alcohol, vape or tobacco products to anyone under the age of 18 years. It is also illegal for you to purchase alcohol or tobacco products if you are under the age of 18, even if you’re buying it as a gift for someone else. By ordering alcohol, vape and/or tobacco products through New World’s online shop you are representing that you are 18 years of age or over and that anyone collecting or receiving your Groceries order (via Click & Collect or Delivery) is also 18 years of age or over. It is our policy to require proof of age if you, or anyone collecting or receiving your Groceries for or with you (whether via Delivery or Click & Collect), looks under the age of 25 years.
If acceptable identification cannot be provided for everyone at the time of delivery of your order, the restricted items will be returned to the nominated store and we will contact you to then arrange collection.
If acceptable identification cannot be provided for everyone at the time of collection of your order, the restricted items will be retained by the nominated store. The purchaser’s credit or debit card will be credited with the value of the restricted items .
Acceptable forms of identification are:
• 18+ HANZ card;
• New Zealand driver licence; or
• Current passport.
5.2 Liquor licence.
Click here to view your nominated store’s liquor licence
6. ONLINE PRICING, PROMOTIONS AND REWARDS
6.1 Promotions or competitions
Promotions or competitions may apply to Grocery items purchased online as determined by us from time to time. Any promotions or competitions run through New World’s online shopping service are subject to these terms and conditions as well as applicable terms and conditions that apply specifically to that promotion or competition. By purchasing the qualifying item(s) for the promotion or competition, you agree to the relevant terms and conditions for that promotion or competition.
New World Clubcard members can obtain instant discounts with exclusive Club Deals and get rewarded by collecting New World Dollars, Fly Buys points or earning Airpoints Dollars™ when shopping online with New World. Promotions or competitions available to New World Clubcard members in store will not necessarily be available to those members when shopping online with New World. Use of your Clubcard when shopping online with New World is subject to our Clubcard Terms and Conditions. To the extent of any inconsistency between these terms and conditions and our Clubcard Terms and Conditions, these terms and conditions will prevail. There may be a delay between a qualifying purchase via New World’s online shop and the corresponding credit of points to a customer’s Fly Buys or Airpoints account.
6.3 Gift cards
New World Gift Cards cannot be used for purchases or otherwise redeemed through New World’s online shopping service.
7. DIRECT MARKETING AND CONSENT TO RECEIVING MESSAGES
7.2 All commercial electronic communications from us (except for communications confirming your order or otherwise about your order and your ongoing use of New World’s online shopping service) will contain an unsubscribe function if you no longer want to receive messages from us. If you unsubscribe we may not be able to provide you with all or some of New World’s services.
8.1 All representations, terms, warranties, guarantees, or conditions whether express or implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions or merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded and expressly negated to the fullest extent permitted by law.
8.2 Subject to our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, it is your responsibility to satisfy yourself that Groceries you purchase through New World’s online shopping service are fit for the purpose you intend and to use all requisite care and skill when handling, using and/or consuming those Groceries. You warrant that you will not use Groceries purchased through New World’s online shopping service for any purpose for which they are not suitable. You acknowledge that you cannot rely on any representation or statement made by a representative of your nominated store or Foodstuffs either through New World’s online shopping service or otherwise, other than the express wording of these terms and conditions. No representative of your nominated store or Foodstuffs assumes any obligation or liability for any advice given to you and you accept Groceries purchased through New World’s online shopping service entirely at your own risk.
9.1 No liability generally
To the maximum extent permitted by law, we, Foodstuffs and your nominated store will not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any use of New World’s online shopping service and Groceries supplied through New World’s online shop. While we endeavour to keep information on New World’s website and mobile application up to date, we cannot and do not guarantee the accuracy and completeness of this information.
9.2 Information displayed
9.3 Title and risk
Groceries ordered through New World are at our risk until delivered to you or collected from your nominated store. Once delivered or collected, title and risk in the Groceries passes from your nominated store to you.
10. INTELLECTUAL PROPERTY
Foodstuffs either owns or is authorised to use the intellectual property in everything that you hear, read, download or access on or via New World’s online shop (including messages, data files, software, images, photographs and other materials). You are not permitted to do anything which infringes these intellectual property rights (such as copying, modifying or reposting content) unless you have express permission from us.
11. ACCESSING AND USING NEW WORLD’S ONLINE SHOPPING SERVICE
11.1 Licence to use New World’s online shopping service
We grant you a non-exclusive, non-transferable, revocable right to access and use New World’s online shopping service solely for your use and on a device that you own and/or control, all on the terms and conditions set out in these terms and conditions.
11.2 Restrictions on use of New World’s online shopping service
You will not attempt to: (i) copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any portion of New World’s online shopping service in any form or media or by any means; or (ii) attempt to decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of New World’s online shopping service.
11.3 Changes to New World’s online shopping service
You acknowledge that we may provide updates, upgrades, patches and other modifications to New World’s online shopping service (together Updates). Some of these Updates will occur automatically (for example, if you use the website to order your Groceries) while other Updates may require you to implement them (for example, if you use the mobile application to order your Groceries). You may also be required to update or upgrade the device, and/or the operating system or other software on that device (for example, your internet browser) (together Hardware or Software Updates), in order to continue to use New World’s online shopping service. Unless we specify otherwise, Updates will be provided at no cost. You will be responsible for implementing any Hardware or Software Updates and all associated costs. We may at any time modify, discontinue or restrict access to New World’s online shopping service (or any part of it), temporarily or permanently with or without notice to you. You agree that we will not be liable to you or to any third party for any modification to, discontinuance of, or restriction of access to, New World’s online shopping service.
11.4 Internet access
You will be solely responsible, at your cost, for: (i) procuring and maintaining your network connections and telecommunications links from the device you use to access New World’s online shopping service; and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
12.1 Variation of terms and conditions
We can change these terms and conditions at any time, without notice to you by updating them on New World’s website and mobile application. The revised terms will take effect when they are posted and your continued use of New World’s online shopping service will represent an agreement by you to be bound by these terms and conditions as amended.
12.2 Other terms and conditions
We may need to obtain personal information from you in the course of providing some of the services or content of New World’s online shopping service to you. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained.
12.4 Force Majeure
We are not liable in respect of anything that, but for this provision, would or might constitute a breach of these terms and conditions, where this arises out of circumstances beyond our, including but not limited to acts of God, natural disasters, sabotage, accident, riot, shortage of supplies, equipment or materials, strikes and lockouts, civil commotion, computer viruses or hacking, breakdown of equipment, power supply failure or telecommunications failure, or malicious damage (Force Majeure). We will refund the full purchase price of orders that have been processed but cannot be delivered or picked up due to Force Majeure.
12.5 Governing law
The laws of New Zealand govern your use of New World’s online shopping service and these terms and conditions. Any legal action against us must be taken in a New Zealand court of law.