GENERAL
This website is NZ owned and operated by The Fresh Avocado Company Ltd.
“Customer” Means the person who purchases fruit using your login
” The Fresh Avocado Company” Means www.thefreshavocado.co.nz
“GST” Means Goods & Services Tax chargeable in accordance with the Goods & Services Tax Act 1985
“Login” Means a customer’s personal email address and password used to access The Fresh Avocado Company.
“Fruit” Means products for sale on The Fresh Avocado website
By using The Fresh Avocado Company you agree that you have read, understood and accepted these terms and conditions. All Fruit and other products supplied by The Fresh Avocado Company will be in accordance with these terms and conditions and The Fresh Avocado Company has the right to change these terms and conditions from time to time.
The Fresh Avocado Company has the discretion to decline any order placed or cancel any order for any reason.
Customers are liable for every order made under their login.
The Fresh Avocado Company takes steps to ensure the information provided on its website is correct, however there is no warranty in this regard and The Fresh Avocado Company will not be liable for any error or omission. All photos show a representation of appearance of the product, but there is likely to be variations within a variety.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
To make a purchase from our online shop you must be 18 years of age or over.
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
PRIVACY POLICY AND CONFIDENTIALITY
Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files (“cookies”) on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
TERMS AND CONDITIONS
Pricing
The customer will pay The Fresh Avocado Company for the fruit ordered at the price displayed on the website at the time the order is submitted together with any additional shipping costs.
Shipping Costs are determined by location. For rural areas there will be an additional cost of $5.58 Shipping Costs charged per box of Fruit ordered
In the event the customer has selected an incorrect shipping option, The Fresh Avocado Company reserves the right to refuse or cancel the order, or to charge for any additional shipping costs. The customer will be notified if there is any additional delivery charge for their order.
The prices of fruit and shipping costs are in New Zealand currency and are inclusive of GST.
All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
If The Fresh Avocado Company is unable to supply the fruit ordered, The Fresh Avocado Company will refund the Customer’s payment.
Product Quality
The customer acknowledges The Fresh Avocado Company is selling perishable goods. The Fresh Avocado Company will, at its discretion, replace any damaged fruit or provide a refund provided the customer lets The Fresh Avocado Company know within 48 hours of receiving the damaged fruit. If requested by The Fresh Avocado Company you need to provide a photo of damaged fruit before any refund or replacement.
The Fresh Avocado Company will not be liable for damage to fruit as a result of it being incorrectly stored or handled after delivery.
Payment
Customers must pay for the fruit purchased either by internet banking or by credit card before their order will be dispatched.
The customer is liable for all costs associated with debt collection.
The Fresh Avocado Company does not keep on record any customers credit card details.
‘Stripe’ is the company The Fresh Avocado Company uses for processing all credit card transactions securely.
Customers with a The Fresh Avocado Company account who receive invoice billing are required to pay on the stated due date. The Fresh Avocado Company will charge interest of 3% per month and debt collection charges on any accounts not paid by the due date.
Delivery
The Fresh Avocado Company reserves the right to withhold delivery of any product for any reason whatsoever.
Deliveries will be made to the address and location the customer has identified on the order and once left at the specified address the fruit will be deemed to be delivered.
The customer will ensure The Fresh Avocado Company or its agent is able to deliver where instructed by the Customer.
The Fresh Avocado Company endeavours to dispatch all orders within six working days. If a customer has not received an order within seven days of having placed the order, they are required to contact The Fresh Avocado Company. In the event the customer receives an incorrect order the customer is required to notify The Fresh Avocado Company within 24 hours of receipt and failure to do so will deem acceptance of the fruit delivered by The Fresh Avocado Company. If the customer contacts The Fresh Avocado Company within 24 hours The Fresh Avocado Company will arrange for replacement of the correct fruit if it is available.
Liability and Indemnity, Product Liability & Liability of The Fresh Avocado Company
The Fresh Avocado Company is not liable for any loss, damage or injury arising directly or indirectly from any fruit. The Fresh Avocado Company is not liable for any consequential injury or loss of any kind arising from the customer’s use of The Fresh Avocado Company or the delivery or failure to deliver fruit.
Indemnity
The customer agrees to indemnify The Fresh Avocado Company against all liabilities, losses, claims and expenses arising directly or indirectly out of the customer’s use of the The Fresh Avocado Company site or delivery or failure to deliver any product.
Guarantee
If the customer is not completely satisfied with the quality of The Fresh Avocado Company fruit after delivery, The Fresh Avocado Company will provide a replacement.
Refunds
The Fresh Avocado Company does not refund you if you change your mind.
Please see above for information on replacement of damaged goods.
Availability and supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
CONTACT DETAILS
