- Use of Website
1.1 These terms and conditions of trade apply to all our sales of Boxes. Your access to, and use of, this website (www.sanfordandsons.co.nz) (the “Website”) and your purchase of a Box (or Boxes) is subject to the following terms and conditions. By using the Website or by placing any order for the delivery of a Box (or Boxes), 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 [“My Account”] 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 Box, under your account.
“Sanfordandsons”, “we” and “our” means Sanford & Sons Fishmonger Limited, trading as Sanfordandsons, and includes its related companies, directors, officers, employees or agents.
“Box” and “Boxes” mean the delivery of fish and other products from time to time offered by Sanfordandsons and sold via the Website, and “Product” means any such product contained in a Box.
- 3.Your account and orders
3.1 You certify that the information in your registration for an account is true and correct. You must notify us immediately if there is any change to the account information you have provided to us.
3.2 Your Subscription can be cancelled anytime, and it does not depend on the delivery date. However, we need 48 hours notice to cancel a single order or to cancel an ongoing order generated by your subscription.
3.3 Your order constitutes an order for a weekly or fortnightly regular delivery of a Box (or Boxes) selected, on an ongoing and regular basis and will, subject to the rights to put your order on hold and cancel set out in these terms and conditions, 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 are able to 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 Box, 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 delivery which are $10 for Auckland Customers and $15 for Customers outside of Auckland. 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 two 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 Sanfordandsons will invoice you and deduct the payment from your credit card two days before your 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 Sanford and Sons Limited.
4.5 If your credit card is declined by its financial institution or fails to process for any Box or Boxes, we will decline to deliver the relevant order.
4.6 You are liable for all costs associated with debt collection where you default in payment for any order.
- Return and refunds
5.1. If any Product or Box 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 Box). We may require photographic evidence and/or a sample of the damaged or spoiled Product. If we agree that any Product or Box was incorrectly delivered, or delivered to you in a damaged or spoiled condition, then we will either refund the value of the Product or Box by crediting your credit card, or replacing that Product or Box 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. Delivery Instructions must be reasonable in relation to the scope of these deliveries. If there is no person to accept delivery of the Box, the Box will be left at the front door or as instructed by you in your order, and will be deemed to have been delivered at that point in time.
6.2 We will deliver the Boxes 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 to deliver within these times. If we think that the delivery of your order is likely to be delayed, we will contact you.
6.5 Pickup (Click and Collect) orders will be ready to be collected from Auckland Fish Market – 22 Jellicoe Street. A text with the times available for collection will be sent in the morning on the day of collection.
6.6 For any changes to your pickup order, please send an email to firstname.lastname@example.org at least 24 hours before the collection.
6.7 If you do not collect your pick up order within the allocated time then you will be charged the full price for the box/es you have failed to collect and no refund shall be given.
6.7 Please present your order confirmation and photo ID in order to collect your order.
- 7.Product availability
7.1 If for any reason we are unable to supply the exact fish you have ordered, we will ensure that we supply an alternative at no additional cost.
7.2 Sanford and Sons 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 provide you with written notice as soon as reasonably practicable via email. Where a Product cannot be supplied or a reduced quantity of a Product is to be supplied, you will be entitled to cancel such order prior to 6:00pm on the day before the relevant delivery date and no payment will be deducted from your credit card. If you do not cancel your order, the price payable by you for that order will be reduced by the amount of the Product not supplied.
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 Box 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 Boxes;
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, Boxes and 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 Account]” area of the Website. You can change or update your personal information at any time in the “[My Account]” 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. An email response from us will confirm your request to put on hold or cancel your subscription. The cut-off day and time for cancelling your subscription or put on hold is at 12:00pm two days (48 hours) before the relevant delivery date.
13.2 One off orders: You can cancel one off orders by notifying us via your account or by emailing us at firstname.lastname@example.org. An email response from us will confirm your request to cancel your order. The cut-off day and time for cancelling your order is at 12:00pm two days (48 hours) before the relevant delivery date.
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 Box or Boxes you have subscribed to or the price of the Box or Boxes you have subscribed to, we will provide you with two 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 two 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 Boxes or any 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.