TERMS AND CONDITIONS OF ONLINE PURCHASES

 

  1. GENERAL                    

(a)        These Terms and Conditions of Online Purchases (“Terms”) govern the purchase of any Fruit you make from the Website.

(b)        By ordering Fruit from the Website you agree that you have read, understood and accepted these Terms and Conditions.

(c)        Bayfarms has the right to change these terms from time to time. Amendments will be effective immediately upon being placed on the Website.

(d)        Bayfarms takes steps to ensure the information provided on its Website is correct, however there is no warranty in this regard and Bayfarms will not be liable for any error or omission.

(e)        All descriptions of Fruit, specifications, weights and photos are approximate representations only. Bayfarms will use reasonable efforts to display attributes of the Fruit accurately, however is not liable for any discrepancies. The Customer further acknowledges that there is likely to be variations within varieties.

(f)         All Fruit displayed on the Website is subject to availability and Bayfarms does not guarantee that Fruit shown on the Website will be in stock and available to order.

(g)        If Bayfarms delays or does not exercise any of its rights or remedies under these Terms, that will not be a waiver of the right or remedy.

(h)        If any provision of these Terms is deemed to be invalid, void, unenforceable or illegal for any reason, such provision shall be severed from these Terms and the remaining provisions shall remain in full force.

(i)         These Terms are governed by the laws of New Zealand.

  1. DEFINITIONS

(a)        “Bayfarms” means Bayfarms Limited.

(b)        “Customer” means the person who purchases fruit using the Customer’s Login.

(c)        “Fruit” means products for sale on the Website

(d)         “GST” means Goods & Services Tax chargeable in accordance with the Goods & services Tax Act 1985.

(e)        “Login” means the Customer’s personal email address and password used to access the Website.

(f)          “Website” means www.bayfarms.net.nz.

  1. TERMS OF USE / PRIVACY POLICY

(a)        In addition to these Terms, the Terms and Conditions of Use / Privacy Policy also govern your access to and use of the Website. You should ensure that you have read the Terms and Conditions of Use / Privacy Policy in conjunction with these Terms. By accessing the Website you are deemed to have read and agree to be bound by the Terms and Conditions of Use / Privacy Policy.

  1. ORDERS

(a)        Customers may order Fruit for the price specified on the Website. All prices are expressed in New Zealand dollars and are inclusive of GST.

(b)      Customers can opt to place orders on a recurring weekly, fortnightly or monthly basis. Where a Customer does so the order constitutes an order for an ongoing and regular purchase and delivery of Fruit and will, subject to the rights to terminate set out in clause 4(e) below, continue indefinitely.

(c)        Bayfarms reserves the right to amend the prices of Fruit from time to time without prior notice.

(d)       Where Bayfarms amends the price of Fruit in accordance with clause 4(c), Bayfarms will provide all Customers who have opted to place recurring orders with notice of the price change by email at least 7 days before the price change is implemented. If your email address changes, you must notify Bayfarms.

(e)        A Customer may terminate a recurring order at any time by notifying Bayfarms by email. Termination will not relieve the Customer of the obligation to pay for orders which have already been processed.

(f)  In placing an order the Customer will be required to supply certain personal information, such as the Customer’s name, email address, delivery address and any other ordering information specified on the Website. Although Bayfarms will take all reasonable steps to protect the Customer’s personal information supplied, Bayfarms cannot gurantee the complete security of any data disclosed online. Customers accept the inherent risk of providing personal information and using the Website.

(g)        Bayfarms has the discretion to decline any order placed or cancel any order for any reason. If Bayfarms declines or cancels an order, or is unable to supply the Fruit ordered, it will reimburse the Customer for any payments already received by Bayfarms from the Customer.

(h)        Customers are liable for every order made under their Login and may not cancel an order once it has been submitted. No refunds will be provided if a Customer changes their mind.

 

  1. PAYMENT

(a)        Except where clause 5(d) applies, the Customer will pay Bayfarms for the Fruit ordered at the price displayed on the Website at the time the order is submitted together with all freight costs. Payment must be made in the manner described on the Website, namely by internet banking or credit card.

(b)        Freight costs are determined by location and charged per box of Fruit ordered. Freight costs will be advised at the time of order.

(c)        In the event the Customer has selected an incorrect freight option, Bayfarms reserves the right to refuse or cancel the order, or to charge for any additional delivery charge for the order.

(d)        Where a Customer has opted to place orders on a recurring basis the Customer authorizes Bayfarms to debit the price, together with applicable freight costs from the Customer’s credit card each week, fortnight or month (as applicable).

(e)        The Customer is liable for any and all costs associated with debt collection.

 

 

  1. PRODUCT QUALITY

(a)        The Customer acknowledges Bayfarms is selling perishables goods.

(b)        Bayfarms will, at its discretion, replace any damaged fruit or provide a refund provided the Customer lets Bayfarms know within 24 hours of receiving the damaged fruit. If requested by Bayfarms the Customer must provide a photo or arrange for the return of damaged fruit before any refund or replacement will be provided.

(c)        Bayfarms will not be liable for damage to Fruit as a result of it being incorrectly stored or handled after delivery.

 

  1. DELIVERY

(a)        Deliveries will be made to the address and location the Customer has identified on the order and once delivered to the specified address the Fruit will be deemed to be delivered and all risk in the Fruit shall pass to the Customer.

(b)        Bayfarms endeavours to dispatch all orders within six working days of an order but shall not be liable for late delivery. If a customer has not received an order within Ten working days of having placed the order, or receives an incorrect order, they are required to contact Bayfarms. If the Customer contacts Bayfarms within 24 hours of receipt of an incorrect order Bayfarms will arrange at its option, for a refund or replacement of the correct fruit if it is available. If contact is not made within 24 hours, the Customer is deemed to have accepted the order.

 

  1. EXCLUSION OF  LIABILITY

(a)        Bayfarms is not liable in any circumstances for any loss, damage or injury arising directly or indirectly from the Customer’s use of the Website or the purchase or consumption of any Fruit.

(b)        All warranties, descriptions, representations and conditions relating to the Fruit are expressly excluded, except to the extent that such liability is required by law without right of exclusion.

(c)        In the event any limitation in these Terms is held to be invalid or unenforceable for any reason, Bayfram’s maximum liability in contract, tort (including negligence), equity, statute, regulation or otherwise for any loss, damage or injury arising in respect of the supply of Fruit pursuant to an order is to be limited to the lesser of the value of the Fruit comprised in an order to which  claim relates and the actual loss or damage suffered by the Customer.