Made2Order Terms and Conditions
Welcome to the Made2Order website (the Site) where you can place orders for catering, cakes and gift baskets (Items) from New World. The operator of the New World supermarket you select to pick up your Items from (we, our or us in these terms and conditions) is referred to as “Our Store” in these terms and conditions. Any orders you place through the Site are legally binding offers and if accepted by us, a legally binding contract is formed between you and us.
By accessing, searching for and/or ordering your Items through the Site, you are deemed to have read and agreed to these terms and conditions.
1. PLACING AN ORDER
1.2 You must select a pick-up date and time-slot. We will do what we reasonably can to make your order available for pick-up within the time-slot selected by you. If it is not possible for us to make your order available for pick-up within the time-slot you have selected, we will try to contact you using the contact information you provided to us in placing your order.
1.3 We understand that for reasons outside of your control, you may not be able to pick up your Items within the time-slot you selected. If you know that you will be late to pick-up your order, please call us on the phone number listed for Our Store here. We may charge additional fees for late pick-ups.
1.4 Prices are as shown on the Site in New Zealand Dollars (NZD) and include GST . The total price shown in your “cart” and when you checkout is the fixed and final price of your order. Orders must be paid for at Our Store at the time of pick-up. You cannot use New World Gift Cards or New World Clubcard Dollars to pay for orders placed through the Site.
1.5 Once you have successfully submitted your order we will send you an order confirmation to the email address you provided to us in placing your order. Please review your confirmation email to check that everything is correct. If something does not look right, or if you have not received a confirmation email within 4 hours then please call us on the phone number listed for Our Store here. We are able to reject any orders placed through the Site for any reason either before or after sending you an order conformation email and we will use reasonable endeavours to notify you of any rejection.
2. FULFILLING YOUR ORDER
2.1 All Items are subject to availability. Where we are not able to supply an item that you’ve ordered, , we will try to contact you to discuss your preferred substitutions and any change in the price of your order as a result. We may limit the number of each item we will supply in any transaction. You must not order Items through the Site for the purposes of resale. If we suspect that you are doing so, we may refuse to fulfil any order you place through the Site.
2.2 We may provide you the option to provide additional comments as part of placing your order. If we do, you can make special requests for Items in the additional comments section. For example, in that section you could ask for “flowers that have not yet bloomed”, or “please select Items with the latest expiry date”. We will endeavour to meet any special requests you may have but may not be able to do so.
2.3 If you notice that you have been charged for an item you did not receive or have been supplied an item in error, then please call us on the phone number listed for Our Store here so that we can address the issue.
3. CHANGES TO OR CANCELLATION OF YOUR ORDER
3.1 You cannot change or cancel an order placed through the Site. If you would like to request to change or cancel your order then please call us on the phone number listed for Our Store here then we may choose to allow your requested change or cancellation at our sole discretion. If you successfully change your order we will send you an updated order confirmation email, which will reflect any variation in the Items ordered and their price.
4. DIRECT MARKETING AND CONSENT TO RECEIVING MESSAGES
5.1 All representations, terms, warranties, guarantees, or conditions whether express or implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions or merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded and expressly negated to the maximum extent permitted by law.
5.2 Subject to our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, it is your responsibility to satisfy yourself that the Items you order through the Site are fit for the purpose you intend and to use all requisite care and skill when handling, using and/or consuming those Items. You warrant that you will not use Items ordered through the Site for any purpose for which they are not suitable. You acknowledge that you cannot rely on any representation or statement made by a representative of ours or Foodstuffs either through the Site or otherwise, other than the express wording of these terms and conditions. The information on the Site is provided to you “as is” and, to the maximum extent permitted by law, we cannot and do not guarantee the accuracy and completeness of this information. Any reliance upon the information shall be at your own risk. No representative of ours or Foodstuffs assumes any obligation or liability for any advice given to you and you accept Items ordered through the Site entirely at your own risk.
6.1 We will comply with our obligations under the Consumer Guarantees Act 1993. If Items you have ordered through the Site are damaged, faulty or spoiled at the time of pick-up, we will comply with our obligations under the Consumer Guarantees Act 1993, and otherwise, we will not accept the return of any item ordered through the Site. Please call us on the phone number listed for Our Store here if you receive an item that you consider to be damaged, faulty or spoiled. Proof of purchase will be required. Nothing in these terms and conditions is intended to have the effect of contracting out of the Consumer Guarantees Act 1993.
6.2 To the maximum extent permitted by law, we and Foodstuffs will not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any use of the Site and the Items ordered through the Site.
6.3 We are not liable in respect of anything that, but for this provision, would or might constitute a breach of these terms and conditions, where this arises out of circumstances beyond our control, including but not limited to acts of God, natural disasters, sabotage, accident, riot, shortage of supplies, equipment or materials, strikes and lockouts, civil commotion, computer viruses or hacking, breakdown of equipment, power supply failure or telecommunications failure, or malicious damage.
6.4 On payment and collection of any Items ordered through the Site from Our Store, title and risk in the Items passes from us to you.
7. INTELLECTUAL PROPERTY
7.1 We or Foodstuffs either own or are authorised to use the intellectual property in everything that you hear, read, download or access on or via the Site (including messages, data files, software, images, photographs and other materials). You are not permitted to do anything which infringes these intellectual property rights (such as copying, modifying or reposting content) unless you have express permission from us.
8.1 We may at any time modify the content on the Site, or discontinue or restrict access to the Site temporarily or permanently, with or without notice to you. You agree that we will not be liable to you or to any third party for any modification to, discontinuance of, or restriction of access to, the Site.
8.2 We may vary these terms and conditions from time to time. Where practicable we will notify you of any changes. We recommend you check these terms and conditions periodically as we will treat your continued use of the Site as acceptance of any changes.
8.4 The laws of New Zealand govern your use of the Site and these terms and conditions. Any legal action against us must be taken in a New Zealand court of law.