Terms & Conditions

This page of the Moodfood website together with all the documents referred to on it contains the terms and conditions upon which Moodfood 2014 Limited will supply to its Customers the Products referred to on the website www.moodfood.co.nz. Any Products ordered by you through the website will be governed by these terms and conditions.  You must signify your agreement to these terms and conditions by ticking the relevant box in the shopping cart.  If you fail to do so, then you will not be able to order any Products from Moodfood.

GENERAL

  1. Definitions: The following definitions will apply in these Terms and Conditions unless the context otherwise requires:
    1. Customer or you means a person purchasing Products through the Website. Moodfood or we means Moodfood 2014 Limited.
    2. Moodfood Intellectual Property means all Moodfood’s intellectual property rights including trademarks, copyright in the Website and other material, patents and designs.
    3. Order means an order for Products placed by a Customer through the Website in accordance with these Terms.
    4. Privacy Policy means the Moodfood Privacy Policy appearing on the Website from time to time.
    5. Products means the products for sale over the Website.
    6. Serviced Area means the geographical area in which Moodfood offers the delivery of Products from time to time.
    7. Website means the website www.moodfood.co.nz
  2. Terms Paramount: These Terms take precedence over any other terms specified by you.
  3. Discretion to accept orders: Moodfood has the absolute discretion as to whether an Order is accepted and fulfilled. Moodfood may cancel an Order for any reason whatsoever.
  4. Access costs: You will be responsible for any costs incurred in using the Website including any charges imposed by an internet service provider.
  5. Suspension or termination: Moodfood may at its absolute discretion suspend or terminate the ability of any Customer to purchase Products through Moodfood for any reason whatsoever.
  6. Trading Hours: The Website will be operational 24 hours a day (subject to any shutdown period required for regular maintenance or to events beyond the reasonable control of Moodfood. Deliveries of Orders will be made between the hours of 2pm and 9.00 pm Monday to Friday.
  7. Territory: Moodfood operates only in the Serviced Area. Moodfood will not accept any orders for delivery of goods to Customers residing outside the Serviced Area.
  8. Unauthorised Access: Moodfood will use its reasonable endeavours to prevent any unauthorised entry to or use of the Website. However, Moodfood will not be liable for any direct or indirect damage or loss whatsoever suffered or incurred by a Customer if any third party does gain unauthorised access.
  9. Site Content: Moodfood does not warrant the accuracy, adequacy or completeness of information contained in the Website and Moodfood will not be responsible or liable for any error or omission contained in the information on the Moodfood website.
  10. Use of Website: You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms. You may download the information on the Website for your own personal use but you must not alter, modify, reproduce, transmit or distribute such information without Moodfood’s prior written consent. You must not interfere with the Website whether by introduction of a virus or any other means.
  11. System Integrity: The Website may from time to time experience down time due to scheduled maintenance or site repairs. Moodfood takes no responsibility for any system unavailability or for any loss that is incurred as a result of the Website or the services provided by Moodfood being unavailable.
  12. Variation of Terms: Moodfood may revise and amend these terms and conditions from time to time. The Customer will be subject to the terms and conditions in force at the time that an Order is placed.

ORDERS

  1. Placing an order: If you place an order with Moodfood through the Website it will constitute an offer to buy from Moodfood the Products referred to in the Order at the price advised by Moodfood and otherwise on the basis of these Terms. If Moodfood accepts the Order by confirming it to you that the Products have been ordered then a contract will be formed between Moodfood and the Customer.
  2. Pricing: The price payable for Products and each Order will be displayed on the Website at the time that an Order is submitted.
  3. GST: The prices stated on the Website will be inclusive of Goods and Services Tax.
  4. Delivery Fee: In addition to the price for Products ordered, you must pay a delivery fee for the costs associated with assembling, packing and delivering the Order.
  5. Variations to order: In the event that any part of an Order cannot be supplied, Moodfood will use reasonable endeavours to contact you to discuss a variation to the Order. In the event that Moodfood is unable to contact you it may vary the Order by supplying a substitute Product of similar quality to that originally ordered. The price for the Order will be varied accordingly if the substitute product is of a lower value than the original Product but if the substitute Product is of a greater value there will be no variation to the price.
  6. Alcohol: In the event that an Order includes alcohol, you warrant that you are over 18 years of age and that you are not under the influence of alcohol at the time the Order is placed. You must ensure that the delivery of any Order including alcohol is received by a person over the age of 18 years. Any Orders for alcoholic beverages will be fulfilled by Moodfood Wines Limited and a separate tax invoice will be issued by Moodfood Wines Limited.

DELIVERY

  1. Delivery address: Moodfood will procure that each Order is delivered in accordance with the instructions contained on the Order form to the Customer within the time frame specified in the Order.
  2. Access: You must specify a delivery address within the Serviced Area which is able to be readily accessed by Moodfood’s courier. In the event that you fail to provide a reasonable point of access for delivery, Moodfood will not be responsible for any loss suffered by you.
  3. Delays: Moodfood will not be liable for any loss suffered by you as a result of any delayed delivery of an Order if the delay is as a result of causes beyond the reasonable control of Moodfood.

PAYMENT TERMS

  1. Payment: Payment for each Order must be made by credit card over the Website
  2. Credit card declinature: If a proposed payment on a Customer’s credit card is declined the Order will be deemed not to have been accepted and delivery of the Order will not be made.

OWNERSHIP

  1. Risk: Property and risk in Products ordered by a Customer will pass from Moodfood to the Customer upon delivery in accordance with these Terms.
  2. Ownership: In the event that Products are delivered but have not been paid for ownership of the Products will remain with Moodfood until payment has been made in full.

QUALITY OF PRODUCTS

  1. Warranty: Moodfood hereby warrants that Products supplied to you will be of merchantable quality and fit for purpose.
  2. Other warranties excluded: Except as specifically warranted in these terms and conditions or as implied by law, all other warranties, guarantees and representations which may be implied by law are hereby expressly excluded to the fullest extent permitted by law.
  3. Consumer Guarantees Act: You acknowledge that if Products are ordered for business purposes then the provisions of the Consumer Guarantees Act 1993 will not apply to any such Order.
  4. Advice: Moodfood makes no warranty in relation to advice which may be provided by it to the customer in relation to the use of the Products and the Customer hereby acknowledges that it is purchasing the Products and using any recipes or recommendations provided by Moodfood entirely at its own risk.

LIABILITY

  1. Maximum liability: The maximum liability of Moodfood to the Customer in respect of any defective Products is an amount equal to the price paid by the Customer for the relevant Product.
  2. Indirect and consequential loss: Notwithstanding any other provision contained in these Terms Moodfood will not be liable for any indirect or consequential loss or damage suffered or incurred by the Customer arising from or in relation to Products supplied pursuant to these Terms.

INTELLECTUAL PROPERTY

  1. The customer acknowledges all Moodfood Intellectual Property is the sole property of Moodfood. The Customer may access the Website for the purpose of placing Orders for Products but will not have any other right or licence in relation to the Moodfood Intellectual Property.

PRIVACY

  1. Moodfood will collect personal information in relation to each Customer for the purpose of accepting and fulfilling Orders. Moodfood will deal with that personal information in accordance with the Moodfood Privacy Policy.

FORCE MAJEURE

  1. Moodfood will be relieved of its obligations under these Terms in the event that it is prevented from performing those obligations by any event beyond its reasonable control including fire, accident, act of God, natural disaster, change of law, strikes, labour disputes and Products becoming unavailable.