Terms and Conditions - Greenlea Butcher Shop
Terms and Conditions

Use of this website is subject to the following Terms and Conditions:

1. Purchase of Products

Your access to, and use of, the Website and your purchase and use of the products able to be purchased via the Website is subject to the following terms and conditions. By using the Website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.

2. Ordering rules

• You must ensure that the delivery address provided is suitable with consideration to the chilled nature of the product.

• The email address for communications with Greenlea is butchershop@greenlea.co.nz

• The contact phone number is 0508 GREENLEA

3. Greenlea discretion

Greenlea:

• has the absolute discretion to refuse a potential Customer for any reason whatsoever;

• has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Greenlea may cancel an order for any reason whatsoever; and

• may, at its absolute discretion, suspend or terminate the ability of any Customer to order through the Website for any reason whatsoever.

4. Customer liable for every order

You are liable for every order made under your Login.

5. Trade not supplied

Unless otherwise agreed, you may not purchase Products through the Website for the purpose of resale.

6. Pricing

The product prices are listed on the Website. The prices of the Items are inclusive of GST. An additional delivery charge calculated by geographical location will be applied at checkout.

All amounts are in New Zealand dollars.

Greenlea reserves the right to change the prices from time to time.

7. Invoicing

Greenlea will send a tax invoice to you via email, on despatch of product.

8. Method of Payment

You must pay Greenlea for the items purchased by credit card (note that all card types may not be accepted e.g. American Express). The Website does not accept any other form of payment.

9. Product availability

Greenlea will make every effort to fulfil orders placed with the Website; however we will not be liable to any person if we are unable, or decline, to supply any Item or Product for any reason whatsoever.

We reserve the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by you for that order will be adjusted accordingly.

10. Product quality

In seeking refund for a product that was damaged or spoiled on delivery to you, we require the damaged or spoiled product to be returned to us. A return shipping slip will be issued at our expense upon contacting Greenlea to arrange this return.

Returns will be treated on a case-by-case basis. When returned goods are received by Greenlea we will arrange for refund/replacement of the product at our discretion and at an amount Greenlea alone deem fair and appropriate. Any refunds will either be to the credit card used to make the initial purchase or alternatively a Greenlea Butcher Shop voucher may be provided for use on the website.

11. Delivery areas

Greenlea endeavours to deliver to all New Zealand addresses however due to the chilled nature of the product, the courier service may not be able to reach some areas within an appropriate timeframe for chilled product. Please refer to the Greenlea Butcher Shop website for confirmation of where Greenlea delivers. We cater to all North Island urban addresses, for rural & South Island delivery please contact Greenlea first to seek approval that we can reach you within a reasonable timeframe. Specific delivery locations are accepted based on the suburb and postcode of the delivery address, and so it is important that you provide us with your correct address information. If you do not then we may not be able to deliver to you.

If a delivery suburb or postcode is included in the registration area, this does not imply that Greenlea will deliver to all addresses within that suburb or postcode.

Rural and South Island delivery addresses may incur greater delivery fees. We do not ship to PO boxes.

12. Delivery and liability

Deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date.

Greenlea shall be entitled to commission third parties to make delivery.

Greenlea shall be entitled to assume that any person accepting delivery of the Products at the delivery point is either the Customer or someone that is authorised to do so on behalf of the Customer.

13. Accessibility, safety and deemed delivery

You must ensure that your Delivery Point is easily accessible to Greenlea’s delivery person, and that it is safe for our delivery person to enter your premises in order to complete the delivery.

In the situation where it is safe to complete delivery but there is no person present at the Delivery Point at the time of delivery, or you or any other person fails or refuses to take delivery of the Items, the Items will be left at the Delivery Point and be deemed to have been delivered at that point in time.

14. Delays to delivery

Greenlea always aims to deliver on time but may from time to time be delayed and shall not be liable for failure to deliver on a timely basis.

If Greenlea considers that the delivery of your order is likely to be substantially delayed, Greenlea will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and Greenlea will credit you with the cost of the products ordered.

Where the Delivery Date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day.

15. Incorrectly or undelivered Products

If any Product delivered does not correspond with a Product ordered, you can:

• keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment made:- or

• reject the incorrectly-delivered Product, in which case:

o Greenlea may at its option collect the incorrect product; and

o Either replace that Product within a reasonable time or refund the value of the Product that was originally ordered.

If refunded, we will refund you by crediting your credit card.

If you are unable, or refuse, to deliver up the Product when requested, or deliver the Product in a different state (e.g., with some Products missing or partially consumed) than the state in which it was delivered to you, Greenlea reserves the right to charge you for that Product.

16. Risk passes on delivery

Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.

17. Warranties limited

You have statutory rights under the Consumer Guarantees Act and Fair Trading Act that cannot be excluded or limited in any way. Subject to those rights all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law. You acknowledge that you do not rely on any representation or statement made by or on behalf of any member of Greenlea other than the express provisions of these terms and conditions. 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 and using the Products. You expressly acknowledge and agree that Greenlea does not assume any obligation or liability for any advice given, and that all such Products are accepted by you entirely at your risk.

18. Product liability

The liability of Greenlea whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Greenlea’s obligations relating to the Products hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

19. No liability for indirect loss

Greenlea shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, or the delivery or failure to deliver any Products.

20. Force Majeure

If the performance by Greenlea of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Greenlea) Greenlea shall be excused from such performance to the extent of such prevention.

21. Collection of information

The Website contains applications which collect personal information about you. Greenlea will only use this information to the extent authorised by you, and will only disclose it in the manner set out below.

In using the Website, you authorise Greenlea to collect, retain and use your personal information for the purposes of:

• undertaking any dealings or transactions with you;

• sending you any Greenlea Butcher Shop related advertising or promotional material; and

• enhancing the Website so that Greenlea may offer you a better, more personalised and tailored service.

22. Information retained by Greenlea

Any personal information supplied by you may be retained by Greenlea until such time as you request that the information be removed.

23. Storage of personal information

Greenlea has taken steps, from both technical and systems perspectives, to ensure that your information is well protected. However it is important that you remember to never share your Login with any other person.

While Greenlea endeavours to keep your personal information collected on the Website secure and confidential, Greenlea shall not be responsible for any breach of security caused by third parties, nor represents that the Website is completely secure.

24. No waiver of Greenlea rights

Greenlea’s failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.

25. Security of information

Greenlea shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, Greenlea will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

26. Login

You must keep your Login details safe and confidential at all times.

27. Site content

While Greenlea has endeavoured to ensure that the information provided on the Website is free from error, Greenlea does not warrant its accuracy, adequacy or completeness, and Greenlea shall not be responsible or liable for any error in, or omission from, the information provided on the Website.

We reserve the right to make changes to the information provided on the Website at any time and without notice.

28. Use of the site

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 Greenlea’s prior written consent.

29. Indemnity

Notwithstanding any other term, you agree to indemnify Greenlea against all liabilities, losses, claims and expenses suffered or incurred by you, and all claims and demands made against Greenlea, arising directly or indirectly out of your use of the Website, in breach of these terms and conditions.

30. Variation of terms and conditions

From time to time we may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of the Website after the terms and conditions have been changed indicates your acceptance of those changes.

31. Governing Law

New Zealand law governs the use of the Website and these terms and conditions.