Terms & Conditions

TERMS AND CONDITIONS FOR USE OF WEBSITE

To access, use and purchase Products from the Website www.picnicbox.co.nz you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.

Picnic Box has endeavoured to ensure that the information provided on the Website is free from error. Picnic Box does not warrant its accuracy, adequacy or completeness, and Picnic Box 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.

REGISTERING AND ORDERING
1. You must keep your Login details safe and confidential at all times.
2. The cut off time for ordering is 48 hours prior to the Delivery Date.
3. Changes are not possible to the Products or orders.
4. Unless otherwise agreed, you may not purchase any Products through the Website for the purpose of resale.
5. The Products are not designed to cater for allergies or specific dietary requirements.

PRICE AND PAYMENT
1. The prices are listed on the Website and are inclusive of GST.
2. Delivery charges are additional.
3. All amounts are in New Zealand dollars.
4. You must pay for your order by credit card. The Website does not accept any other form of payment.
DELIVERY
1. Ownership, responsibility and risk in the Products shall pass to you on the Delivery Date to the Delivery Address. No changes are permitted.
2. You must ensure that your Delivery Address is easily accessible and safe for the delivery person.
3. Picnic Box shall be entitled to commission third parties to make delivery.
4. The Products must be consumed within four hours or refrigerated. Common food safety practices must be observed at all times.
5. Picnic Box will make every effort to fulfill orders placed with the Website, however we will not be liable to any person if we are unable supply a product for any reason whatsoever. Picnic Box will not compromise on quality however changes may be made due to availability.
6. Picnic Box 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.

DELIVERY AREAS
As part of the Picnic Box ordering and registration process, you will be immediately advised if we are able to deliver to your address.

Current delivery service zones Auckland City including Auckland CBD, St Marys Bay, Wynyard Quarter, Princes Wharf, Ponsonby, Epsom, Eden Terrace, Freemans Bay, Herne Bay, Grey Lynn, Parnell, Newmarket, Judges Bay, Grafton, Mt Eden, Kingsland, Sandringham, Westmere and Remuera.

PRODUCT QUALITY
If a product was damaged or spoiled on delivery to you please contact us immediately by calling 0508 742 642. We may require photographic evidence and/or return of the damaged or spoiled Product. If Picnic Box agrees that a Product was delivered to you in a damaged or spoiled condition we will replace the product or credit you by refunding the value of the damaged or spoiled Product.

PRODUCT LIABILITY
The liability of Picnic Box 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 Picnic Box's obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

Picnic Box 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.

INDEMNITY
Notwithstanding any other term, you agree to indemnify Picnic Box against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against Picnic Box, arising directly or indirectly out of your use of the Website, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
WARRANTIES
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 of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample 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 Picnic Box 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 Picnic Box does not assume any obligation or liability for any advice given, and that all such Products are accepted by you entirely at your risk.
INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website and its contents shall at all times remain the exclusive property of, Picnic Box, its licensors and the providers of any other products and services accessible through the Website, and is protected by New Zealand and international law.
FORCE MAJEURE
If the performance by Picnic Box 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 Picnic Box) Picnic Box shall be excused from such performance to the extent of such prevention.
PRIVACY
In using the Website, you authorise Picnic Box to collect, retain and use your personal information for the purposes of
a) processing your registration application
b) fulfilling your orders for Products
c) communicating with you in respect of your orders, including by text, telephone or email
d) sending you notifications of offers, new products or services or other promotional materials
e) providing you with personalised features of the Website
f) enforcing any other legal rights that we may have against you

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

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

You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information held by Picnic Box. If you do so, you agree to pay Picnic Box the reasonable charges requested by Picnic Box in relation to time and attendances involved in complying with your request in this regard.

NEW ZEALAND LAW GOVERNS
New Zealand law governs the use of the Website and these terms and conditions.
DEFINITIONS
this Agreement means the agreement made when we accept an order from you to purchase Products, the terms of which are set out in your order and these terms and conditions.
Customer, you and your means you and any other person who registers, and/or orders a Product, under your Login.
Delivery Date means, the date selected for Delivery
Delivery Address means the physical street address specified by you in making an order via the Website.
GST means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
Intellectual Property means all intellectual property rights of whatsoever nature.
Login means your personal email address and password used to access the Website under your registration.
Picnic Box we and our means Picnic Box Limited, which is the seller of the Products and the owner of the Intellectual Property and includes its related companies, directors, officers, employees or agents.
Products means the contents of the picnic box and extras and sold via the Website.
The Website means this internet site owned by Picnic Box, being the medium by which you order to receive Product.