Terms of Use |
1. |
Acceptance of Terms
You accept these Terms of Use by continuing to access this website (which
includes all pages of and all information, material, text, graphics and
facilities on this website) ("our Website").
The online order facilities on our Website are only for consumers who
are ordering goods or services from Stubbs Village Butchery Limited ("we", "our", "us")
for their own use. If you use the online order facilities on our Website
then you agree to the Terms of Sale.
Trade customers who wish to order from us for the purposes of a business
may contact us for further information by phone (09) 425 8949
or email rebecca@stubbsvillagebutchery.co.nz. |
2. |
Accuracy and Use of Information
We endeavour to keep our Website up-to-date. However, you acknowledge
that goods or services advertised on our Website may not always be available,
and prices and other information are subject to change without notice.
If any goods or services are not available, or are quoted at an incorrect
price or described incorrectly due to a typographical or other error,
we reserve the right to refuse any orders placed for those goods or services.
In that case, we will contact you to arrange substitute goods or services
or provide you with a refund.
Use of our Website is at your own risk and we are not responsible for
any adverse consequences arising out of such use. We reserve the right
to change our Website at any time.
We are not responsible or liable for any third party material linked
to from our Website. Any dealings with any advertiser appearing on our
Website are solely between you and the advertiser. We are not responsible
or liable for any part of any such dealings or promotions. |
3. |
Privacy and Security
Any personal information gathered from any person visiting our Website
will be held by us in accordance with the Privacy Act 1993. Personal
information that we collect via our Website will only be used for the
purposes for which it is collected, which for online orders may include
verifying your credit card details with your credit card provider. We
will not use or disclose any personal information for any other purpose
without your consent (except where we are required or permitted by law
to disclose it).
We will take reasonable steps to keep any personal information collected
via our Website secure. However, you acknowledge that the internet is
not a secure environment, and any information that you send via the internet
is at your own risk.
You are entitled to have access to, and request correction of, any personal
information that we hold about you. Please contact us at [insert email
address and phone number]. |
4. |
Copyright
All intellectual property rights in our Website are owned by or licensed
to us. You may download and temporarily store one or more of our Website’s
pages for the sole purpose of viewing and/or using the facilities available
on our Website, but any other reproduction, retransmission or other use
is prohibited. All rights are reserved. |
5. |
Jurisdiction
Our Website is intended only for people in New Zealand, and is governed
by New Zealand law. |
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|
Terms of Sale |
1. |
Application |
| 1.1 |
All Goods supplied by us to consumers (“you”) are supplied
on these Terms of Sale, unless we agree otherwise in writing. By placing
an online order with us you accept these Terms of Sale despite anything
to the contrary stated in your order. |
2. |
Price |
| 2.1 |
Prices are subject to change without notice. All orders will be filled
at prices prevailing at the date of delivery of the Goods and you agree
to pay the prices charged. All prices are inclusive of GST but exclusive
of other taxes, freight and delivery costs and insurance charges (if any),
each of which you will pay to us unless we otherwise agree in writing. |
3. |
Payment |
| 3.1 |
Unless otherwise agreed by us in writing, payment is due by credit card
at the time of placing the order. |
4. |
Delivery |
| 4.1 |
Dates given for delivery of Goods are stated in good faith but are not
to be treated as a condition of sale. If delivery of the Goods is delayed
for any reason whatsoever we shall not be responsible or liable in any
way to you or any other party for loss resulting from that delay.
|
| 4.2 |
We may make delivery by instalments and may cancel delivery of the Goods
or any instalments thereof without prejudice to our rights to recover all
sums owing to us in respect of deliveries already made. |
| 4.3 |
Delivery by us to a carrier shall be deemed to be delivery to you. You
shall not reject and/or return the Goods except with our written consent. |
5. |
Online Orders |
| 5.1 |
You agree that the Terms of Use for our Website apply to you and that:
a. If we provide you with a username, password and any other account details
to use on our Website (“online account”), you will
keep your online account secure and confidential. You agree that you
are responsible for all activities that occur through the use of your
online account including but not limited to being bound by purchases
made by any person using your password.
b. Unless you advise us otherwise, on each occasion when you place an
online order you are instructing us to process that order (including
payment for that order) in accordance with the details which you have
registered with us most recently, whether as part of an online account
or otherwise.
c. All online orders must be accompanied by payment using credit cards
or charge cards accepted by us. Our acceptance of your order is subject
to authorisation of the transaction by your credit or charge card’s
issuer/manager (if you use a credit card or charge card to place your
order) and your account being in terms. If for any reason your credit
or charge card is not accepted or authorised as required then we will
notify you, at which time you may be able to make alternative arrangements
for payment.
|
6. |
Default |
| 6.1 |
If an Event of Default occurs we may (without prejudice to any of our
other rights) at any time thereafter:
a. demand immediate payment of all or
any part of any moneys owing (whether or not then due);
b. suspend or terminate any account you may have;
c. without notice withhold deliveries of Goods ordered by you; and/or
d. cancel these Terms of Sale and seek damages.
|
7. |
Risk |
| 7.1 |
Risk in the Goods passes to you when the Goods are delivered to you or
into the custody of any person acting on your behalf. |
8. |
Warranties |
| 8.1 |
These Terms of Sale apply only to consumer transactions. Accordingly,
the Consumer Guarantees Act 1993 (CGA) provides you with certain statutory
rights and remedies that cannot be excluded. With the exception of the
relevant statutory guarantees contained in the CGA, no other warranty or
condition shall be implied against us by any statute, at common law or
otherwise and no representation, warranty or variation of these Terms of
Sale shall be binding on us unless it is in writing and signed by us. |
9. |
General |
| 9.1 |
We will not be liable for any delay in the production or delivery of
the Goods directly or indirectly caused by any act of God, fire, riot,
war, act of terrorism, embargo, strike, labour dispute, theft, delay in
delivery, or any other occurrence beyond our reasonable control. |
| 9.2 |
If any of these terms or conditions is held by a Court to be ineffective
because of non-registration, illegality or any other reason, then that
term or condition or part of it will be severed from all other terms and
conditions without affecting the validity or enforceability of all other
terms and conditions or part of them. |
| 9.3 |
No waiver by us of any term or condition will constitute a waiver of
any other of these terms or conditions. |
| 9.4 |
We may vary these terms and conditions at any time by notice in writing
to you. You may not vary these terms and conditions unless we agree in
writing. |
10. |
Interpretation |
| 10.1 |
Where used in these Terms of Sale the following meanings apply:
“Event of Default” means if you:
a. fail to pay
any sum due under these Terms of Sale on the due date for payment;
or
b. commit a breach of any provision of these Terms of Sale; or
c. become insolvent, commit an act of bankruptcy or (being a company)
are placed into liquidation or receivership, enter into any arrangement
or composition with your creditors, have any distress or execution
levied upon your goods, or allow any judgment against you to remain
unsatisfied for more than 48 hours;
“Goods” means all personal property supplied by us to you,
and includes meat, poultry, small goods and other related products,
and goods described in any order form, delivery docket or other document;
“us” means Stubbs Village Butchery Limited;
“Website” means our website at www.stubbsvillagebutchery.co.nz and includes other e-commerce processes operated by us where applicable;
“you” means you the customer as named
in any order form or account application form. |
