Terms Of Service

By purchasing products from Farm Cove Food Mart (“Farm CoveFoodMart”, “we”, “us”, “our”) or using this website, the purchaser (the “Customer”, “you”, “your”), agrees to the following terms and conditions of sale (the “Terms”). References in the Terms to “FarmcoveFoodMart”, “us”, “we” or “our” are references Kush limited, FarmcoveFoodMart’s Auckland Limited, its related companies, and directors, officers, employees or agents of Kush limited or its related companies, as the context requires.

Consumer Protection and other legislation:

Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.

Business Customers:

To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business, the Consumer Guarantees Act 1993 or equivalent consumer protection legislation does not apply.

Limitation of Liability:

The Customer shall indemnify Farm Cove FoodMart against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the Customer. Farm Cove FoodMart  shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Farm CoveFoodMart, even if Farm CoveFoodMart  has been advised of the possibility. In no case shall Farm CoveFoodMart’s maximum liability exceed the cost of the relevant original order.

Refunds:

Farm CoveFoodMart will comply with its obligations under the Consumer Guarantees Act 1993 or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.

Addressing:

If a product is found to be misaddressed by Farm Cove Food Mart then Farm Cove Food Mart shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an erroneous, outdated or insufficient address, then Farm Cove Food Mart will not be held liable and will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer. It is the Customer’s responsibility to notify Farm Cove Food Mart of any address changes before an order is placed.

Payment:

Farm Cove Food Mart only accepts payment through this website via valid debit or credit cards. The online shopping method does not accept EFTPOS, cash, cheque, voucher or any other form of payment. We do not store customers’ payment details on our servers. All transactions are carried out using a third-party payment gateway. Farm Cove Food Mart uses “Stripe” to securely authorise credit card payments before any charges are made. For further information regarding “Stripe” and how it encrypts and processes transactions, please visit https://stripe.com/en-nz.

Title:

Farm Cove Food Mart retains title in the products purchased until Farm Cove Food Mart receives payment for the products in full, including applicable delivery charges. Once the Customer’s order has been delivered the Customer assumes full responsibility for and risk in the products.

Prices:

Prices displayed on this website may differ from in-store prices.

Pricing and content errors:

Although we do our best to ensure that prices and other content stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to rectify the error and charge the rectified price, or cancel your purchase. If we choose to charge you the rectified price, you will be notified of the error and will be given the option to pay the difference between the incorrect price and the rectified price, or receive a refund, as the case may be. Farm Cove Food Mart will not be held liable for any direct or indirect damage or loss arising from non-pricing errors or inaccuracies in this website’s content.

Damaged Goods:

Farm Cove Food Mart takes care to ensure that all goods delivered to customers are adequately packaged. If you receive damaged goods we will accept a return of the goods and offer a full refund or replacement. You are responsible for arranging the shipment and related costs of returning the damaged goods to us. No damage claims will be considered after seven days following the Customer’s receipt of the goods.

Delivery of Incorrect Goods:

If Farm Cove Food Mart delivers goods which do not match the order placed, customers may either return the goods and request a refund, or keep the incorrectly delivered goods. If the Customer chooses to keep the incorrectly delivered goods, no adjustments will be made by Farm Cove Food Mart.

Security:

Farm Cove Food Mart uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However, you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Farm Cove Food Mart will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).

Special Offers:

Special deals and offers on this website are only valid for so long as they are displayed or while stock lasts, unless expressly stated otherwise. The special deals and offers displayed on this website may differ from in-store special deals and offers.

Shipping:

Free shipping is available for orders that are equal to or more than $60.00. An additional $6.99 may be charged for delivery to a rural address.

Cancelling Orders:

Farm Cove Food Mart reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation (regardless of whether payment for the order has been made), including (without limitation) where Farm Cove Food Mart believes the order to be fraudulent or constitute a misuse of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you; however we will provide a reasonable notice to you stating that your order has been cancelled, and will refund the purchase price to you (where it has already been paid). Customers may cancel or modify an order free of charge if the product is out of stock or there is an error in price or product description on this website, or up until such time as the order has been packed for delivery. If the Customer wishes to cancel an order after the order has been packed, the Customer may be charged a cancellation fee. A Customer cannot cancel an order once the order has been shipped.

New Zealand Currency and GST:

All prices displayed on this website are expressed in and payable in New Zealand dollars (NZD) and are inclusive of New Zealand Goods and Services Tax (“GST”). For New Zealand delivery addresses, all purchases will be charged GST unless otherwise stated. If your order ships to a delivery address outside New Zealand, no GST will be charged. Any currency conversion will take place online at the rate applicable at the time of purchase.

New Zealand Currency and GST:

All prices displayed on this website are expressed in and payable in New Zealand dollars (NZD) and are inclusive of New Zealand Goods and Services Tax (“GST”). For New Zealand delivery addresses, all purchases will be charged GST unless otherwise stated. If your order ships to a delivery address outside New Zealand, no GST will be charged. Any currency conversion will take place online at the rate applicable at the time of purchase.

Customs & Duties:

For any orders shipped outside of New Zealand the Customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Farm Cove Food Mart’s control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.

Website Access:

Farm Cove Food Mart hereby grants you permission to access, view and download the content appearing on this website, for your personal, non-commercial use only. However, we reserve the right, at our absolute discretion, to deny any application for customer registration on our website for any reason whatsoever, or to terminate an existing user’s account if the user violates our terms and conditions. You agree not to use any device, method or software to interfere with the proper functioning of this website. Without the express written permission of Farm Cove Food Mart, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.

Use of Personal Information:

By using the online shopping method on this website the Customer authorises Farm Cove Food Mart to use the Customer’s personal information to assess their registration application, to conduct any transaction with the Customer, to enforce any legal rights Farm Cove Food Mart has against the Customer, for sending any promotional or advertising materials, for enhancing this website or to provide a personalised experience for the Customer.

Cookies:

This website may use “cookies” which are elements of data that this website can send to your browser, which may the store it on your system. To use the online shopping method on this website you do not necessarily need to enable your browser to accept cookies, although some information or services may not be available if you set your browser to not accept cookies.

Use of Third Party Websites:

Farm Cove Food Mart may use third-party web-analytic services to measure user activity on this website. No personal information is collected from the Customer in this process.

Copyright & Trademarks:

You agree that the content you access, view or download on this website and the software used to create it, remains the property of Farm Cove Food Mart Limited or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.

Stock Availability:

In order to provide the greatest range of products, you understand that Farm Cove Food Mart does not stock all products listed on this website in a single warehouse. All items sold via the Farm Cove Food Mart website are subject to availability and Farm Cove Food Mart reserves the right not to accept or to cancel any order for products that are out of stock. Product availability information is provided by a number of third party suppliers. Farm Cove Food Mart works with these third-parties to ensure this information is as accurate as possible, however some errors and omissions are expected. Goods delivered may differ to the product images presented on this website.

Gift Voucher and Farm Cove Food Mart Credit Expiry:

Gift vouchers and Farm Cove Food Mart Credits are valid for one year from the time they are issued, after which the voucher and credit will expire. Any credit remaining after the expiry of the gift voucher or Farm Cove Food Mart Credit is non-refundable. Gift vouchers and Farm Cove Food Mart Credits are not available for use in conjunction with orders made through the online shopping method on this website.

Delivery Estimates:

Farm Cove Food Mart makes every effort practical to ensure that delivery timeframes given are accurate and that your orders will be delivered as soon as possible, however, we cannot guarantee that orders will be delivered within any given timeframe. The delivery times stated for products on this website assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold Farm Cove Food Mart liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame. If you feel that there is a substantial delay (more than 72 hours) in delivery, you may place a request for a refund.

Force Majeure:

Farm Cove Food Mart will not be liable to the Customer for any loss or damage, directly or indirectly arising out of or in connection with any delay or failure to perform our obligations where such delay or failure is outside our reasonable control.

Communications:

By creating an account with Farm Cove Food Mart you consent to receiving electronic communications from Farm Cove Food Mart. These communications will include account status updates, order status updates, promotional and marketing materials and other information relating to the service. Your personal details will not be made available to any third party.

Notice of Copyright Infringement:

Farm Cove Food Mart respects the copyrights of others. If you feel that data is used in Farm Cove Food Mart’s product catalogue in a manner that constitutes an infringement of your copyright under applicable copyright legislation, please write to us at: 1/190 fisher parade farm cove Auckland New Zealand.,

Please include the following details:

• Identification of the copyrighted work that has allegedly been infringed upon
  and that you wish to have removed. Please include a web address (URL);
• A statement that the complaining party believes that infringement of the
  complaining party’s copyright has occurred, giving the reasons for such belief;
• A statement that you are the copyright holder or authorised to act on the
  copyright holder’s behalf; and
• Contact details including an email address where the complaining party may
  be contacted.

Linked Websites:

This website may contain links to other websites operated by third parties. Farm Cove Food Mart is not liable for those websites or any content or information such websites contain.

Statements:

The name that will appear on your statement will be Farm Cove Food Mart.

Sell Yours:

Farm Cove Food Mart does not act as agent for either party for Sell Yours transactions. Sell Yours sellers indemnify Farm Cove Food Mart against any claim made by a third party for any liability to a third party resulting from any sale by them using the Farm Cove Food Mart websites. Sell through rates will be monitored and if deemed not to be at an acceptable sell through rate, Farm Cove Food Mart will advise the seller. Should this occur the option to return the goods will be made, at the seller’s cost. Further information and conditions can be found in our FAQs. All buyers and sellers should read this information prior to conducting a transaction.

Disclaimer:

Farm Cove Food Mart would like to welcome you to this website; we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer. The information on this website is provided “as is” and for general information only. Farm Cove Food Mart has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and Farm Cove Food Mart does not guarantee that the website will always operate or be error free. Accordingly, to the maximum extent permitted by law, Farm Cove Food Mart does not accept any liability for the use of or inability to use this website, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.