1 Terms and Conditions
1.1 In these terms and conditions, references to "we" and "us" means EJ’s Foods Limited, and "our" has a corresponding meaning. "You" means you as our customer and "your" has a corresponding meaning.
2.1 Your placement of an order is an offer to purchase our products in accordance with these terms and conditions. We may accept your order by processing your payment and shipping the product, or may, for any reason, decline to accept your order or any part of your order.
2.2 You are required to pay with PayPal.
2.3 The price payable for products ordered by you shall be the price displayed on the website at the time your order is submitted, together with the applicable delivery charges. All prices are quoted in New Zealand Dollars (NZD).
2.4 While we have endeavoured to ensure that the information provided on the website is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we shall not be responsible or liable for any error in, or omission from, the information provided. We reserve the right to reject any orders which include incorrect prices which may occur due to such an error.
2.5 Delivery is additional to the prices listed for the products, and is calculated at checkout. Details of delivery of your ordered products will be as set out on our website. Please note we are only able to deliver to New Zealand addresses.
2.6 Title in the goods passes to you when we have received payment.
3.1 If you wish to return a faulty or damaged product, you must notify us within 10 days of the dispatch of goods.
3.2 The following options will be made available:
3.2.1 Replace: If a replacement is required it will be sent immediately, subject to availability, at no charge;
3.2.2 Credit: If a credit is required, your account will be credited to the amount of the transaction, in the currency at the time of purchase; or
3.2.3 Refund: If a refund is required, it will be provided according to the original payment.
3.3 Nothing in these Terms and Conditions limits your rights under the Consumer Guarantees Act 1993.
4 Liability and Indemnity
4.1 You agree to indemnify, keep indemnified, defend and hold harmless EJ’s Foods Limited from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) incurred or suffered by us and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the website or any breach by you of these terms and conditions.
4.2 Our liability is limited to the amount paid by you for the products. We accept no liability for any consequential loss suffered by you arising from products we have supplied.
5.1 We do not provide any warranty either express or implied, including, without limitation, fitness for a particular purpose.
5.2 To the extent permitted by law:
5.2.1 any condition or warranty which would otherwise be implied into these terms and conditions is excluded; and
5.2.2 our liability for breach of an implied warranty or condition is limited to the supply of the goods or payment of the costs of having those goods supplied again.
6.1 We will use our best efforts to keep our website free from viruses and errors. However, we do not accept liability for any damage or loss caused to your computer hardware, software, internet connections or other peripherals as a result of your use of our website.
6.2 External links from our web site are provided for your information and convenience, and therefore you access them at your own risk. We do not endorse and have not necessarily verified any of the information available through any link from our site.
7.1 We shall not be liable to you for any delay or non-performance of our contractual obligations to the extent that such delay or non-performance is caused by an event or circumstance which is outside our reasonable control.
7.2 These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.
7.3 If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
7.4 The intellectual property in this website belongs to us, including but not limited to all copyright and trademarks.
7.5 We reserve the right to change these terms and conditions from time to time by publishing the changed terms on our website. When revised terms and conditions are published on our website, all orders submitted by you after the revised terms and conditions are published shall be subject to the terms and conditions as revised.
8.1 In order to sell products to you on our website and keep you updated with information from time to time, we collect certain personal information about you. We respect the privacy of your personal information and collect such personal information in accordance with the Privacy Act 1993.
8.2 Once you have provided personal information, we will not share it with any third party without your consent, unless required to or authorized by law. We will only use such personal information for the purpose it has been provided.
8.3 We are committed to holding your personal information securely. You can ask us to give you any personal information that we hold about you and to make changes to that personal information.