Terms and Conditions – New World Essential Boxes
Welcome to New World’s Essential Boxes ordering service (Essential Boxes). All orders of Essential Boxes are governed by these terms and conditions so please read them carefully.
Essential Boxes are only offered online by certain New World stores within the North Island (Participating Stores). Participating Stores may change from time to time at Foodstuffs sole discretion.
The Essential Boxes offering is only via the Essential Boxes section of the New World website and is not available in store or via I Shop. The Essential Boxes offering is not available in the South Island.
The systems and intellectual property rights relating to or supporting Essential Boxes are owned or controlled by Foodstuffs North Island Limited, Foodstuffs (N.Z.) Limited, and/or any affiliate, subsidiary or related company of those Foodstuffs entities (together, Foodstuffs, we, our or us). Any orders you place through the New World website for Essential Boxes are legally binding offers and if accepted by us, a legally binding contract is formed between you and us.
Foodstuffs may decide to stop offering the Essential Boxes service at any time in its sole discretion.
PLACING AN ORDER FOR YOUR ESSENTIAL BOXES
1.1 Delivery zones: We will deliver Essential Boxes to any nominated address that is within the delivery zone of a Participating Store. If your nominated address is not within the delivery zone of a Participating Store, unfortunately we are not able to deliver Essential Boxes to that address.
1.2 Safety: 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. We reserve the right to refuse delivery where we or any delivery agent we engage consider it unsafe to enter.
1.3 Orders will be left at nominated address: If you are not present when your order is delivered, your Essential Boxes will be left at your nominated address and be deemed to have been delivered at that point in time. 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.
1.4 Order cut-off times: Orders for Delivery must be placed before the order cut-off times displayed on the New World website or otherwise determined by us. Order cut-off times may change from time to time as determined by us.
1.5 Refunds: You may cancel your Essential Boxes order prior to the order cut-off time displayed on the New World website and we will refund you for your purchase. However, we will not provide a refund if you change your mind after the order cut-off time except for in accordance with the Consumer Guarantees Act 1993 (see clause 5.1).
1.6 Delivery Day:
1.6.1 There may be a limit to the number of orders that can be delivered during each day. We cannot guarantee that your preferred Delivery Day will be available and you may be prompted to select another Delivery Day.
1.6.2 We will do what we reasonably can to deliver on the day selected by you. If it is not possible for us to deliver on the day you have selected, we will try to contact you using the contact information you provided to us.
PRICING AND PAYMENT
2.1 Pricing: The prices per Essential Box are listed on the New World website. The prices include delivery and service fees. We reserve the right to change the prices from time to time. Your final order value will be calculated based on the prices of your selected Essential Box(es) at the time of your order.
2.2 Payment: Orders must be paid for by credit or debit card only (Visa or Mastercard). To pay for your order you will be transferred to a secure accredited partner that is PCI compliant. You cannot use New World Gift Cards, New World Dollars or redeem any amount on your New World Christmas Club account to pay for orders of Essential Boxes.
2.2.1 Payment will be processed at the time you place your Essential Boxes order. 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.
2.4 Indemnity: You agree to indemnify (i.e. 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 Essential Boxes are made available to you.
2.5 Currency/GST: All prices set out in these terms and conditions and/or displayed on the New World website are in New Zealand Dollars (NZD) and include GST.
2.6 Invoice and confirmation of order: Once you have successfully submitted and paid for your order we will send you an order confirmation and tax invoice to the email address you have provided to us. Please check your spam or junk folders in case our email has been directed there. If your order confirmation has not come through within 4 hours then please call our Customer Support Centre on 0800 277 638.
3.1 Product availability and substitutions: We will do all that we reasonably can to supply all the products in the Essential Boxes that you’ve ordered, but in some cases certain products may be unavailable. All products are subject to availability. Our goal is never to be out of stock, but if we are, we will substitute similar items in the Essential Boxes you have ordered for those that are not available. Any substituted items will be an equal or better quality item. The price of the Essential Boxes you have ordered will not change.
3.2 Maximum number of items: We reserve the right to limit the number of Essential Boxes we will supply in any transaction.
3.3 Not for resale: You must not purchase Essential Boxes for the purposes of resale. If we suspect that you are doing so, we will cancel any existing order you have made for Essential Boxes or we may refuse to fulfil any future order you place for Essential Boxes.
3.4 Washing of Fresh Produce: It is recommended practice to wash thoroughly any ready to eat fresh produce provided in your Essential Boxes such as apples, or pears.
4.1 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.
4.2 Subject to our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, it is your responsibility to satisfy yourself that Essential Boxes you purchase via New World are fit for the purpose you intend and to use all requisite care and skill when handling, using and/or consuming the products in the Essential Boxes. You warrant that you will not use the products purchased through New World 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 ours or Foodstuffs either through New World or otherwise, other than the express wording of these terms and conditions. No representative of ours or Foodstuffs assumes any obligation or liability for any advice given to you and you accept Essential Boxes purchased through New World entirely at your own risk.
5.1 Consumer Guarantees: We will comply with our obligations under the Consumer Guarantees Act 1993. If items you receive from New World are damaged, faulty or spoiled at the time of delivery we will comply with our obligations under the Consumer Guarantees Act 1993. Please contact our Customer Support Centre on 0800 277 638 if you receive an item that you consider to be damaged, faulty or spoiled. Proof of purchase will be required. Nothing in these terms and conditions is intended to have the effect of contracting out of the Consumer Guarantees Act 1993.
5.2 No liability generally: To the maximum extent permitted by law, we and Foodstuffs 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 services and Essential Boxes supplied through New World. While we endeavour to keep information on the New World website up to date, we cannot and do not guarantee the accuracy and completeness of this information.
5.3 Information displayed on the New World website: The information on the New World website about Essential Boxes is provided to you “as is” and any reliance upon the information shall be at your own risk. Descriptions of or information relating to products in the Essential Boxes have been provided by our suppliers and are not our or Foodstuffs’ responsibility.
5.4 Title and risk: Essential Boxes ordered from New World are at our risk until delivered to you. Once delivered title and risk in the Essential Boxes passes from us to you.
6.1 Personal information: We may need to obtain personal information from you in the course of providing some of the services or content of New World’s Essential Boxes to you. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained.
6.2 Direct marketing: When you place an order for Essential Boxes your name and contact details will be added to our New World database (and/or a database of Foodstuffs), and you consent to receiving messages from us from time to time. If you provide us with your mobile number, we may send you a text message when your order has been delivered. We may also send you messages about promotions available at New World.
7.1 Variation to terms and conditions: We may change these terms and conditions at any time, without notice to you by updating them on the New World website.
7.3 New World Clubcard and Gift Cards: New World Gift cards cannot be redeemed through the Essential Boxes offering. New World Clubcard members will not obtain any benefits by ordering Essential Boxes.
7.4 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, pandemic, 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.
7.5 Governing law: The laws of New Zealand govern any Essential Boxes orders made and these terms and conditions. Any legal action against us must be taken in a New Zealand court of law.