Last updated: November 18, 2022
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://totalfoods.co.nz website (the “Service”) operated by Total Foods (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Products
Products may vary from their images:
The images of products on our website are for illustrative purposes only, there may be slight variations from the product that is delivered and what is displayed on our website.
Prices and product availability subject to change:
Where ever possible, we will endeavor to supply goods that match the description or image as shown on our shop. However, at times this will not be possible; and in such circumstances a product of equal or better quality and value will be supplied as a substitution.
Prices of our products are subject to change and the displayed price may vary from time to time.
Product range limited by area:
At this time we are unable to deliver frozen, chilled or bulky products outside the Wellington region and Levin. If we receive an order with frozen, chilled or bulky products outside this geographic area, we reserve the right to cancel this order and issue a refund. In such circumstances, you will be notified by email that this is the case.
Delivery
Delivery Area:
At this time we only offer home delivery in the Wellingtion region and Levin. Home delivery of goods will occur Monday to Friday between 9am and 5pm (we are unable to guarantee precise delivery times). It is the receivers responsibility to ensure perishable products are stored correctly once delivered (i.e. frozen and chilled products). We are unable to accept return of perishable products (i.e. frozen and chilled products) after delivery, unless there is a product fault.
Delivery of products via couriers will occur Monday to Friday. The maximum allowable weight for courier delivery is 10kg, any orders received that exceed this weight limit will incur additional shipping charges which will be recovered before goods are dispatched.
Accessibility and Safety for Delivery:
You must ensure that the nominated delivery address is easily accessible for delivery and that it is safe for those couriers to enter your property to complete the delivery. Any animals on your premises should be under control or restrained to ensure the safety of our couriers. If in the courier’s opinion, the nominated delivery address is not accessible, or it is unsafe to deliver, the delivery will not be made, and you will be contacted to make alternative arrangements. We reserve the right to charge additional delivery fees for any repeat deliveries repeated. If alternative arrangements acceptable to us are not reached, you will be deemed to have cancelled your order, and may incur a cancellation fee.
Completion of Delivery:
If no person is available at the nominated address at the time of delivery, the products will be left at the nominated address and delivery is deemed to be completed. You must notify us within 24 hours of delivery if you believe your order hasn’t been fulfilled, otherwise you will be deemed to accepted the order.
Cancellations and Returns
Cancellation by you:
You must notify us as soon as possible if you wish to cancel your order, after which we will refund any money owed. If your order has already been dispatched, we will not be able to accept your cancellation and your order will be deemed to have been completed.
Cancellation by us:
We may cancel you order in part or wholly if:
- Product is unavailable;
- there is an unintentional price or product error displayed on our website related to a product in your order.
We will notify you of any cancellation as soon as possible and refund your the relevant amount you paid via your original payment method.
Incorrect Product/s Delivered:
If you believe the incorrect product has been delivered, please notify us within 24 hours of delivery.
If the incorrect product has been supplied:
- You may keep the incorrect product and no adjustment of payment will occur; or
- You may reject the product, where we will refund the value of the product that was originally ordered, or replace the incorrect product with the correct product that was originally ordered.
Damaged product:
Please contact us within 24 hours if a delivered product was damaged or spoiled. We will require evidence of damaged or spoiled product before any refund can be issued.
Return of Products:
We cannot accept return of products due to change of mind and will only accept return of product due to product damage or spoilage.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Total Foods.
Total Foods has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Total Foods shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New Zealand without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.