1. "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing Veggie Boys Online Shopping who is not registered to use it.
2. "Delivery Point" means an outside area of the Premises, such as the Customer's front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.
3. "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
4. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
5. "Login" means a Customer's personal email address and password used to access Veggie Boys Online Shopping under that Customer's registration
6. "Premises" means the premises at the address specified by the Customer on their registration application, as amended from time to time.
7. "Products" means the products for sale in Veggie Boys Online Shopping
8. “Veggie Boys” includes all directors, shareholders, employees, contractors and agents of Otago Foodland Ltd.
9. "Veggie Boys Online Shopping" means this internet site owned by Otago Foodland Ltd, being the medium by which Products are offered for sale online by Otago Foodland ltd to the Customer
1.2 Use of Veggie Boys Online Shopping subject to terms and conditions
Your access to, and use of, Veggie Boys Online Shopping is subject to the following terms and conditions. By using Veggie Boys Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Veggie Boys Online Shopping constitute legal offers to purchase, and are capable of being accepted by Veggie Boys without any further reference to the Customer.
1.3 Terms and conditions to prevail
These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policies.
1.4 Veggie Boys discretion to accept registration
Veggie Boys has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 Veggie Boys discretion to accept orders
Veggie Boys has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Veggie Boys may cancel an order for any reason whatsoever.
1.6 Registration and access costs
No costs are payable to register to use Veggie Boys Online Shopping, but Customers are responsible for any costs incurred in using Veggie Boys Online Shopping, including any charges imposed by their internet service provider.
1.7 Suspension or termination
Veggie Boys may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Veggie Boys Online Shopping for any reason whatsoever.
1.8 Customer liable for every order
Customers are liable for every order made under their Login.
1.9 Trading hours
An order submitted by a Customer before 1:00 pm on Anzac Day or at any time on Good Friday, Easter Sunday or Christmas Day shall not be accepted by Veggie Boys immediately at checkout but shall be deemed to have been accepted by Veggie Boys at 1:05pm on Anzac Day or 12:05 am on the day following Good Friday, Easter Sunday or Christmas Day (as the case may be).
An order submitted by a customer on a Statutory Holiday will be processed and delivered on the next business day (as the case maybe).
1.10 Trade supplied
Unless otherwise agreed, Customers may not purchase Products through Veggie Boys Online Shopping for the purpose of resale.
1.11 Security of information
Veggie Boys shall use its reasonable endeavors to prevent any unauthorised entry into Veggie Boys Online Shopping. However, Otago Foodland Ltd will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access
Why is Veggie Boys Online Shopping safe?
Safe technology systems – Veggie Boys Online Shopping uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data it is stored on a secure server behind Veggie Boys' firewalls, so that your personal details are not accessible from the internet by any third party.
Safe payment systems – Veggie Boys uses ” Payment Express" to securely authorise credit card payments before any charges are made. For further information regarding “Payment Express" and how it encrypts and processes transactions, please visit www.paymentexpress.com.
Alternate methods of payment - If you do not wish to use your credit card to pay for orders you place at Veggie Boys Online Shopping; you have the option to set up payment by direct debit. The option of using your credit card will remain available to you.
1.12 Site content
While Veggie Boys has endeavoured to ensure that the information provided on Veggie Boys Online Shopping is free from error, Veggie Boys does not warrant its accuracy, adequacy or completeness, and Veggie Boys shall not be responsible or liable for any error in, or omission from, the information provided on Veggie Boys Online Shopping.
We reserve the right to make changes to the information provided on Veggie Boys Online Shopping at any time and without notice.
1.13 Use of the site
The Customer agrees not to use Veggie Boys Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions. The Customer agrees that it will not interfere with any other party's use and enjoyment of Veggie Boys Online Shopping, or damage the operation of Veggie Boys Online Shopping.
The Customer shall pay Veggie Boys for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.
Prices and specials available on Veggie Boys Online Shopping may not necessarily be the same as the prices and specials available in Veggie Boys stores. Any prices and specials available in Veggie Boys stores will only apply to Products purchased through Veggie Boys Online Shopping if those prices or specials are specifically displayed on Veggie Boys Online Shopping, and vice versa.
Veggie Boys may vary the prices of the Products at any time without notice
The prices of Products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Adjustments to price
The Customer will be notified of any adjustments made to the total price of their order on the invoice which will accompany the purchased Products on delivery.
2.5 Variation of order and price
If the Customer requests a variation to the order under clause 6.1 which Veggie Boys accepts then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.
2.6 Veggie Boys may set credit limits
Veggie Boys may from time to time set credit limits for individual Customers
3.1 Product availability
Every effort will be made to fulfill orders placed with Veggie Boys Online Shopping, but no member of Veggie Boys shall be liable to any person if Veggie Boys is unable to or declines to supply a Product for any reason whatsoever.
Veggie Boys reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
Veggie Boys may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
3.2 Product range
Veggie Boys reserves the right to limit the range of products available to certain areas.
Specials are subject to availability while stocks last. Veggie Boys Online Shopping does not allow back orders for specials that are out of stock.
3.4 Product substitution
If Veggie Boys is unable to or declines to supply a Product ordered by a Customer, Veggie Boys may, except if the Customer otherwise directs by de-selecting the "Allow Substitutions" box at the online checkout, substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.
If Veggie Boys cannot make a substitution on this basis, Veggie Boys may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.
Veggie Boys reserves the right to refuse to substitute any particular Product for any reason whatsoever.
3.5 Product quality
If Veggie Boys agrees that a Product was delivered to a Customer in a damaged or spoiled condition, Veggie Boys shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered).
3.6 Product labelling information
All products are sold in compliance with the labelling provisions of the Australia New Zealand Food Code. If the product delivered contains labelling information that does not meet with the customer’s requirements (e.g. ingredients, allergens, nutritional information etc.) the customer may return to their nearest Veggie Boys Store for a refund, or replacement product to an equivalent value, upon presentation of the product and accompanying online shopping invoice
4.1 Method of Payment
Customers must pay Veggie Boys for the Products purchased by credit card only. Veggie Boys Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment..
4.2 Payment by credit card
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and Veggie Boys will contact the Customer to make alternative payment arrangements.
Veggie Boys reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Product ordered, Veggie Boys shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.4 Debt collection
The Customer is liable for all costs and expenses associated with debt collection where the Customer defaults in payment for any order.
4.5 Change to payment policy
Veggie Boys may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.
Gift vouchers may not be purchased through Veggie Boys Online Shopping.
5.1 Delivery areas
If a delivery suburb is listed in the registration area, this does not imply that Veggie Boys Online Shopping will deliver to all addresses within that suburb.
5.2 Right to withhold delivery
Veggie Boys reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if Veggie Boys permits) or alternative delivery arrangements are made.
5.3 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or any other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, Veggie Boys shall not be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies Veggie Boys for any direct or indirect damage or loss (including in negligence) that Veggie Boys incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
Veggie Boys shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
5.4 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to Veggie Boys' couriers, and that it is safe for those couriers to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements.
5.5 Change of address
The Customer shall notify Veggie Boys on 034777987 immediately of a change to its delivery address.
5.6 Delays to delivery
Notwithstanding any other term, Veggie Boys shall not be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Veggie Boys or otherwise.
If Veggie Boys considers that the delivery of a Customer's order is likely to be substantially delayed, Veggie Boys may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
5.7 Delivery deemed to have taken place
Subject to clause 10.5, if no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
5.8 Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case Veggie Boys will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), Veggie Boys reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, Veggie Boys reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Veggie Boys will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock Veggie Boys may cancel the order for that Product) (in each case without incurring any cancellation fee), and Veggie Boys will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted in accordance with clause 3.4.
(a)The Customer may vary or cancel the order up to the point in time that Veggie Boys has commenced packing the order by contacting Veggie Boys on 03 4777987
(b) If the Customer wishes to cancel a Rural or Provincial order after the order has been picked up by the Courier, the customer will incur a $20 cancellation fee, additional fees associated to the cost of the courier delivery tickets used for the order, and any subsequent costs associated for returning the order to the store by the Courier.
(c) If the Customer wishes to cancel a standard Metropolitan order after the order has been picked up by the Courier, the customer will incur a $20 cancellation fee, and any subsequent costs associated for returning the order to the store by the Courier.
(d) Veggie Boys may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(i) The Products in that order are not available; or
(ii) There is an error in the price or the product description posted on the Site for the Product in that order; or
(iii) That we reasonably believe your order has been placed in breach of these terms and conditions.
(e) In the event of a cancellation by Veggie Boys, Veggie Boys will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Veggie Boys Ltd must be notified within 24hrs by email or by phone to receive a refund number. Refund can be by way of a credit or a replacement. A refund will only be given for damaged or poor quality product not for a change of mind or for not wanting the product.
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
The Customer shall keep their Login details safe and confidential at all times.
All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of Veggie Boys other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of Otago Foodland Ltd assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.
10.1 Product liability
The liability of Veggie Boys whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Veggie Boys’ obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
10.2 No liability for indirect loss
Veggie Boys shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, Veggie Boys Online Shopping, or the delivery or failure to deliver any Products.
Notwithstanding any other term, the Customer agrees to indemnify Veggie Boys against all liabilities, losses, claims and expenses suffered or incurred by Veggie Boys, and all claims and demands made Veggie Boys,arising directly or indirectly out of the Customer's use of Veggie Boys Online Shopping, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Veggie Boys Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of Veggie Boys, its licensors and the providers of any other products and services accessible through Veggie Boys Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of Intellectual Property rights to the Customer.
If the performance by Veggie Boys of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Veggie Boys Veggie Boys shall be excused from such performance to the extent of such prevention.
13.1 Collection of information
Veggie Boys Online Shopping contains applications which collect personal information about the Customer. Veggie Boys will only use this information to the extent authorised by the Customer, and will only disclose it in the manner set out below.
In using Veggie Boys Online Shopping the Customer authorises Veggie Boys to collect, retain and use their personal information for the purposes of:
(a) processing the Customer's registration application;
(b) assessing the Customer's credit-worthiness;
(c) undertaking any dealings or transactions with the Customer;
(d) enforcing any legal or other rights Veggie Boys may have against the Customer in any manner that Veggie Boys sees fit;
(e) sending the Customer any advertising or promotional material; and
(f) enhancing Veggie Boys Online Shopping so that Veggie Boys may offer you a better, more personalised and tailored service.
13.2 Collection from other sources
In using Veggie Boys Online Shopping the Customer further authorises Veggie Boys to collect personal information about the Customer from any other source available to Veggie Boys including but not limited to credit referral agencies, the Customer's bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer has been associated.
13.3 Veggie Boys’ right to refuse application
If sufficient personal information is not supplied, or is not satisfactory to Veggie Boys, then Veggie Boys reserves the right to refuse to accept the person's application to register to use Veggie Boys Online Shopping.
Veggie Boys Online Shopping may use 'cookies'. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use Veggie Boys Online Shopping you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
13.5 Website Analysis Tools
Veggie Boys uses Google Analytics to collect information such as the number of visitors per day or the number of pages requested per day. In order for this to occur a small piece of code is placed on each page which counts these statistics.
This non-personal information gained is aggregated by Google Analytics and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers.
For further information about Google Analytics - click here.
Emails sent on behalf of Veggie Boys Online Shopping to registered shoppers may include code that measures e-mail response and click through activity.
13.6 Information retained by Veggie Boys
Any personal information supplied by the Customer may be retained by Veggie Boys until such time as the Customer requests that the information be removed.
Any personal information supplied by the Customer and retained by Veggie Boys may be disclosed to other persons or body corporates engaged by Veggie Boys for or in relation to any of the purposes listed in clause 12.1 above, including but not limited to:
(a) Otago Foodland Ltd employees.
(b) Research and/or marketing firms.
(c) Credit referral agencies.
(d) Business advisors.
Veggie Boys may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
13.8 Storage of personal information
Veggie Boys has taken many steps, from both technical and systems perspectives, to ensure that Customers' information is well protected. However it is important that Customers remember to never share their Login with any other person.
While Veggie Boys endeavors to keep the Customer's personal information collected on Veggie Boys Online Shopping secure and confidential, no member of Otago Foodland Ltd shall be responsible for any breach of security caused by third parties, nor represents that Veggie Boys Online Shopping is completely secure.
13.9 Customer's rights of access
The Customer has the right under the Privacy Act 1993 to access and request to update and/or correct their personal information held by Veggie Boys. The Customer agrees to pay Veggie Boys the reasonable charges requested by Veggie Boys in relation to time and attendances involved in complying with the Customer's request in this regard.
Access to a Customer's personal information held by Veggie Boys is available to the Customer in the "My Account" area of Veggie Boys Online Shopping. The Customer can request a change to this information by telephoning Veggie Boys on 034777987
The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by Veggie Boys.
The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
Competition terms and conditions can be found associated with each promotion on our competitions page.
16.1 Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Veggie Boys. Veggie Boys does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than Veggie Boys Online, www.veggieboys.net.nz
The Customer agrees that it will not create a hyperlink to Veggie Boys Online Shopping without Otago Foodland Ltd express written permission. If a Customer does create a hyperlink to Veggie Boys Online Shopping, that Customer is responsible for all losses any member of Veggie Boys may suffer as a result of that link, whether direct or indirect. Linking to Veggie Boys Online Shopping is at the Customer's own risk.
From time to time Veggie Boys Online Shopping may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of Veggie Boys Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes.
New Zealand law governs the use of Veggie Boys Online Shopping and these terms and conditions