Terms and conditions
1. Use of Website
1.1 These terms and conditions of trade apply to all our sales. Your access to, and use of, this website (www.sanfordandsons.co.nz) (the “Website”) and your purchase of a product (or products) is subject to the following terms and conditions. By using the Website or by placing any order for the delivery of a product (or products), you represent that you have read, understood, and accepted these terms and conditions, and agree to be bound by them.
1.2 You can get in touch with us via the [“Contact Us”] section on the Website, or by emailing us at email@example.com
“Customer”, “you” and “your” means you and any other person who registers, and/or orders a product, under your account.
“SanfordandSons”, “we” and “our” means Sanford and Sons Fishmonger Limited, trading as SanfordandSons, and includes its related companies, directors, officers, employees or agents.
“Product” and “products” mean the delivery of fish, seafood and any other items from time to time offered by SanfordandSons and sold via the Website.
3. Your account and orders
3.1 You certify that the information in your registration for an account is true and correct.
3.2 One-off orders cannot be cancelled or changed once they have been placed. Subscription orders can be cancelled or changed at anytime, however we need 72 hours’ notice to cancel or change your subscription before your next delivery date. If a subscription is cancelled or changed less than 72 hours before your next delivery date, the cancellation or change will not take effect until the following delivery date.
3.3 By subscribing for a weekly or fortnightly regular delivery of a product (or products), your order on an ongoing and regular basis, subject to the rights to put your order on hold and cancel set out in these terms and conditions, will continue indefinitely. A one-off order option is also available.
3.4 Deliveries are made (subject to clause six below) by 5:00 pm daily. You can select the day(s) you wish to receive a delivery from Monday to Friday.
3.5 If we charge you the wrong amount for a product, we will refund the difference to you by crediting your credit card. Please contact us on firstname.lastname@example.org.
4. Price and payment
4.1 The prices are per product and are listed on the website. The prices of the products are inclusive of GST. In addition, you will also be charged for the costs of packaging and delivery which is calculated based on your delivery address. All amounts are in New Zealand dollars.
4.2 Prices are subject to change, at our discretion, from time to time. If we do change the prices of any product or products that you have subscribed to, we will provide you with a minimum of three days written notice, and you will be entitled to cancel or put your subscription on hold in accordance with clause 13.1 prior to the price changes coming into effect.
4.3 For one-off orders, SanfordandSons will invoice you and deduct the payment from your credit card at time of purchase. For subscriptions, SanfordandSons will invoice you and deduct payment from your card two days before your day of delivery.
4.4 You must pay SanfordandSons for the products purchased by credit card through the website. Charges will appear on your credit card as SanfordandSons.
4.5 If your credit card is declined by its financial institution or fails to process for any product or products, we will be unable to process or deliver the relevant order.
4.6 You are liable for all costs associated with debt collection where you default in payment for any order.
5. Return and refunds
5.1. If any Product doesn’t correspond with what you have ordered, or you believe it was delivered to you in a damaged or spoiled condition, please contact us at email@example.com as soon as possible following delivery (and in any event, no later than 48 hours after the date you received the product). We may require photographic evidence and/or a sample of the damaged or spoiled Product. If we agree that any Product was incorrectly delivered or delivered to you in a damaged or spoiled condition, then we will either refund the value of the Product by crediting your credit card, or replacing that Product where replacement is possible.
6.1 Deliveries will, subject to these terms and conditions, be made to the address stated in your account or as agreed by us in writing. As part of our service agreement, you give us permission to leave your order at your delivery address without requiring a signature.
If you have specific delivery instructions on where you would like your order left, you must provide these directly to our courier partner by using the tracking link you are sent.
6.2 We will deliver the products to you in such manner and form of transport that we consider appropriate.
6.3 We will be entitled to assume that any person accepting delivery of the Products at the delivery address is authorised to accept delivery.
6.4 Delivery may be delayed from time to time. SanfordandSons will aim to deliver by our target delivery times, but we will not be liable for failure of our courier partners to deliver within these times.
6.5 Pickup (Click and Collect) orders will be ready to be collected from SanfordandSons shop in the Auckland Fish Market – 22 Jellicoe Street, on your selected day of pickup, during opening hours.
6.6 For any changes to your pickup order, please send an email to firstname.lastname@example.org at least 48 hours before the collection.
6.7 If you do not collect your pickup order on your selected pickup day you will be charged the full price for the product/s you have failed to collect, and no refund shall be given.
6.8 For pickup orders, please present your order confirmation to collect your order.
6.9 SanfordandSons does not deliver on public holidays, So, if your usual order falls on a public holiday, or the day post a national public holiday, you will receive your order 1-2 business days later than your regular delivery day. We will notify you in writing of your revised delivery day for this week.
7. Product availability
7.1 SanfordandSons will make every effort to fulfil orders placed through the Website, however if we are unable to supply a product for any reason whatsoever, we will ensure that we supply a reasonable alternative at no additional cost. If a reasonable alternative is not available, we will notify you as soon as reasonably practicable and arrange a refund for that product.
7.2 SanfordandSons may delay dispatch of orders due to stock availability, and you will be notified as soon as reasonably practicable if this will affect our target delivery times.
8. Ownership and risk
Ownership, responsibility and risk in the Products shall pass to you on delivery to you at the delivery address.
9.1 The Consumer Guarantees Act 1993 (“CGA”) and Fair-Trading Act 1986 (“FTA”) apply with regard to any statutory warranties, conditions and other obligations imposed on SanfordandSons.
9.2 You are responsible for using all necessary skill and care in handling, storing and using the Products.
10.1 Subject to any rights you may have under the CGA and FTA, the liability of SanfordandSons whether in contract, tort or otherwise for any loss, damage or injury arising directly from any defect in, or non-compliance of, a Product or any other breach of SanfordandSons' obligations under these terms and conditions, will not in any event exceed an amount equivalent to the price of the relevant Product.
11. Force Majeure
11.1 SanfordandSons will have no liability to you if we are prevented from performing any of our obligations under these terms and conditions as a result of events occurring beyond our reasonable control (including shortage or unavailability of Products or delay in transit).
12.1 We are committed to protecting information we collect and use and to complying with our obligations under the Privacy Act 1993. Protecting your privacy and your personal information is important to us. Any personal information you provide to us will be stored, used and disclosed by us in accordance with this clause.
12.2 Any personal information we collect from you will be held by or on behalf of Sanfordandsons at 22 Jellicoe Street, Freemans Bay, Auckland 1010.
12.3 The Website contains applications which collect personal information about you. We may ask you to provide certain personal information including your name, date of birth, contact details (including your email address, phone number and residential address), financial information (such as credit card and billing information) and other personal information when you use our Website, make enquiries, place an order, or participate in any promotion or competition. SanfordandSons will only use this information to the extent authorised by you and will only disclose it in the manner set out below.
12.4 We may use or disclose personal information that we collect about you for purposes including the following:
12.4.1 fulfilling your orders for product/s;
12.4.2 processing your account registration and allowing you to operate your account.
12.4.3 communicating with you (for example to provide customer support);
12.4.4 providing you with the services through the Website;
12.4.5 keeping you informed of products, services, and tell you about our promotions (except if you have told us that you do not want to receive emails from us that promote our products and services);
12.4.6 enforcing any legal or other rights SanfordandSons may have against you;
12.4.7 improving the Website and our other products and services, and to conduct market and business analysis; and
12.4.8 to comply with legal obligations.
12.5 We may disclose your personal information to:
12.5.1 our related companies in connection with the purposes set out in this clause;
12.5.2 our service providers that we have engaged to provide a service to us in relation to the Website or any Box that we have agreed to provide you. For example, we may share personal information with a service provider we have engaged to provide us with courier services; customer support services, technology services or debt collection services;
12.5.3 courts, tribunals, and regulatory authorities; and/or
12.5.4 any other person or organisation that you have authorised us to disclose your information to.
12.6 We have electronic and physical security measures in place to protect against the loss, access, misuse and, alteration and/or unauthorised disclosure of the information under our control. Please be advised, however, that while we strive to do everything reasonably possible to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us and we are not responsible for the theft, destruction, or inadvertent disclosure of your personal information where our security measures have been breached.
12.7 You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information held by SanfordandSons. You must inform us if any of your personal information changes, to ensure that the details we hold about you are up to date and correct. Any personal information supplied by you may be retained by SanfordandSons until such time as you request that the information be removed.
12.8 Access to your personal information held by SanfordandSons is available to you in the “[My Details]” area of the Website. You can change or update your personal information at any time in the “[My Details]” area of the Website.
13.1 Subscriptions: You can put on hold or cancel your subscription at any time temporarily or indefinitely by notifying us via your account or by emailing us at email@example.com. The cut-off day and time for cancelling your subscription or putting it on hold is at 11.59pm three days (72 hours) before the relevant delivery date.
13.2 One off order: One-off orders cannot be cancelled or changed once they have been placed.
13.3 If you fail to make any payment due or fail to strictly adhere with any of your obligations under these terms and conditions we will, in addition to any other remedies we have, suspend the delivery of any further orders and/or cancel your account. Any such suspension or cancellation will be without prejudice to any of our rights.
14. Website use
14.1 SanfordandSons shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, SanfordandSons will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
14.2 You must keep your account details safe and confidential at all times.
14.3 We reserve the right to make changes to the information provided on the Website at any time and without notice except that where we make changes to the Product or Products you have subscribed to or the price of the Product or Products you have subscribed to, we will provide you with three days written notice via email and you will be entitled to cancel or put your subscription on hold in accordance with clause 13.1 prior to any changes coming into effect.
14.4 You agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the Website for your own personal use but otherwise neither the Website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without SanfordandSons prior written consent. You agree that you will not interfere with any other party’s use and enjoyment of the Website, or damage the operation of the Website, or SanfordandSons systems or those of other persons who use the Website, whether by way of a virus, corrupted file, any other software or program, or otherwise.
15. Variation of terms and conditions
15.1 From time to time we may vary these terms and conditions by providing you with three days written notice via email. If you do not agree with the variations to be implemented by us, you are entitled to cancel or put your subscription on hold in accordance with clause 13.1 prior to the changes coming into effect.
16.1 Unless otherwise agreed, you may not purchase Products through the Website for the purpose of resale.
16.2 New Zealand law governs the use of the Website and these terms and conditions.