Use of Website
- These terms and conditions of trade apply to all our sales of Boxes. Your access to, and use of, this website (www.freshcatch.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.
- You can get in touch with us via the [“My Account”] section on the Website, or by emailing us at firstname.lastname@example.org
“Customer”, “you” and “your” means you and any other person who registers, and/or orders a Box, under your account.
“Freshcatch”, “we” and “our” means Sandford Fish Market Limited, trading as Freshcatch, 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 Freshcatch and sold via the Website, and “Product” means any such product contained in a Box.
Your account and orders
- 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.
- Your order constitutes an order for weekly or fortnightly regular delivery of a Box (or Boxes) selected, on an ongoing and regular basis and will, subject to the rights to pause and cancel set out in these terms and conditions, continue indefinitely.
- Deliveries are made (subject to clause 6 below) by 6:00 pm daily and 12 noon overnight. You are able to select the day(s) you wish to receive a delivery.
- You must pay for every order made under your account which has not been cancelled or paused pursuant to these terms and conditions.
- If we charge you the wrong amount for a Box, we will either credit your credit card or credit your account balance.
Price and payment
- The prices are per Box and are listed on the Website. The prices of the Boxes are inclusive of GST. Delivery in Auckland is an additional $7.50. All amounts are in New Zealand dollars.
- Prices are subject to change, at our discretion, from time to time. If we do change the prices of any Box or Boxes that you have subscribed to, we will provide you with 2 days written notice and you will be entitled to cancel or pause your subscription in accordance with clause 13.1 prior to the price changes coming into effect.
- Freshcatch will invoice you and deduct the payment from your credit card on the morning of delivery.
- You must pay Freshcatch for the Boxes purchased by credit card through the Website. Charges will appear on your credit card as Freshcatch.
- If your credit card is declined by its financial institution or fails to process for any Box or Boxes, we may decline to deliver the relevant order and/or we will contact you to make alternative payment arrangements.
- You are liable for all costs associated with debt collection where you default in payment for any order.
Return and refunds
- 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 three days 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, crediting your account balance in your online account, or replace that Product or Box where replacement is possible.
- Deliveries will, subject to these terms and conditions, be made to the address stated in your account or as agreed by us in writing. 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.
- We will deliver the Boxes to you in such manner and form of transport that we consider appropriate.
- We will be entitled to assume that any person accepting delivery of the Products at the delivery address is authorised to accept delivery.
- Delivery may be delayed from time to time. Freshcatch will aim to deliver by our target delivery times, but we will not be liable for failure to deliver on a timely basis. If we think that the delivery of your order is likely to be delayed, we will contact you.
- Freshcatch will make every effort to fulfil orders placed through the Website, however if we are unable to supply a Box or Product for any reason whatsoever we will provide you with one days written notice via email. You will not be charged for Boxes not supplied. 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.
- Freshcatch may delay dispatch of orders due to stock availability and you will be notified if this will affect our target delivery times.
Ownership and risk
Ownership, responsibility and risk in the Products shall pass to you on delivery to you at the delivery address.
- 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 Freshcatch.
- You must ensure that the Products are not used for any purpose for which they are not suitable and you are responsible for using all necessary skill and care in handling, storing and using the Products.
- Subject to any rights you may have under the CGA and FTA, the liability of Freshcatch 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 Freshcatch’s obligations under these terms and conditions will not in any event exceed an amount equivalent to the price of the relevant Product.
- Freshcatch 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).
- 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.
- Any personal information we collect from you will be held by or on behalf of Freshcatch Level 3, 6 Kingdon Street, Newmarket, Auckland 1546.
- 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. Freshcatch will only use this information to the extent authorised by you, and will only disclose it in the manner set out below.
- We may use or disclose personal information that we collect about you for purposes including the following:
- fulfilling your orders for Boxes;
- processing your account registration and allowing you to operate your account;
- communicating with you (for example to provide customer support);
- providing you with the services through the Website;
- 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);
- enforcing any legal or other rights Freshcatch may have against you;
- improving the Website and our other products and services and to conduct market and business analysis; and
- to comply with legal obligations.
- We may disclose your personal information to:
- our related companies in connection with the purposes set out in this clause;
- 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;
- courts, tribunals, and regulatory authorities; and/or
- any other person or organisation that you have authorised us to disclose your information to.
- 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.
- You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information held by Freshcatch. 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 Freshcatch until such time as you request that the information be removed.
- Access to your personal information held by Freshcatch is available to you in the “[My Account]” area of the Website. You can change or update their personal information at any time in the “[My Account]” area of the Website.
- You can pause or cancel your subscription at any time temporarily or indefinitely 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 pause or cancel your subscription. The cut off day and time for pausing or cancelling your subscription is at 3:00pm two days before the relevant delivery date.
- If you fail to make any payment due or fail to strictly adhere with any of your obligations under these terms and conditions we may, in addition to any other remedies we may have, suspend the delivery of any further Box(es) and/or cancel your account. Any such suspension or cancellation will be without prejudice to any of our rights.
- Freshcatch shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, Freshcatch will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
- You must keep your account details safe and confidential at all times.
- 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 pause your subscription in accordance with clause 13.1 prior to any changes coming into effect.
- 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 Freshcatch’s 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 Freshcatch’s 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.
Variation of terms and conditions
- 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 pause your subscription in accordance with clause 13.1 prior to the changes coming into effect.
- Unless otherwise agreed, you may not purchase Boxes or any Products through the Website for the purpose of resale.
- New Zealand law governs the use of the Website and these terms and conditions.