Urban Harvest Limited

Website Terms

By viewing and using the Website you agree to these Website Terms without qualification. If you do not agree to be bound by these Website Terms, you must stop accessing and using the Website. Orders placed through the Website constitute legal offers to purchase and are capable of being accepted by Urban Harvest without further reference to you. Urban Harvest may change these Website Terms at any time by notifying you about the amendments on the Website.

1.Definitions

In these Website Terms:

Customer Services Manager means the customer services manager of Urban Harvest (who dcan be contacted at info@urbanharvest.co.nz);

Delivery Fee means the fee of $10 for orders of Products up to $200.

Delivery Point means the delivery point specified by you when ordering the Products (for example, the front door of your home) and if no delivery point is specified, means your front doorstep if you are not home or your kitchen bench if you are home. If delivery is to your place of work, the Delivery Point is the reception of your workplace unless otherwise specified. If delivery is to an apartment, the Delivery Point shall be located on the ground floor unless otherwise specified;

Product means a product for sale on the Website;

Us, Our, We or Urban Harvest means Urban Harvest Limited;

Website means www.urbanharvest.co.nz; and

Website Terms means these Website Terms and conditions.

2.Sale subject to Website Terms

Any Products supplied by Urban Harvest to you will be supplied on these Website Terms only.

3.Price and Delivery Fee

The price of the Products will be the price specified beside the Product on the Website at the date the Products are ordered by you. We may alter Product prices on the Website without notice and at any time. All prices include goods and services tax and any other sales tax. All prices are displayed in New Zealand currency.

You must pay the Delivery Fee in addition to the price of the Products. The Delivery Fee is $10 for each order of Products up to $200. There is no Delivery Fee payable for a Product order which is more than $200. We may alter the Delivery Fee without notice and at any time.

4.Orders & Payment

(a)We have absolute discretion as to whether an order placed on the Website is accepted and fulfilled. We may cancel an order for any reason whatsoever.

(b)You may vary or cancel an order at any time up to the relevant order deadline which is 9:30pm Sunday night for Tuesday deliveries and 9:30pm Wednesday night for Wednesday deliveries by emailing info@urbanharvest.co.nz or calling 04 3854200. If you decide to cancel the order after the relevant order deadlines, you will incur a cancellation fee equivalent to 80% of the price of the Products ordered and then cancelled.

(c)You must pay for every order of Products made using your account on the Website and the relevant Delivery Fee.

(d)You must pay Us for the Products ordered using your account and the Delivery Fee by Visa or MasterCard only. Your Visa or MasterCard details will be delivered immediately to a secure ecommerce server and Our bank will immediately debit your card for the cost of the Products ordered and of delivery. We use “Payment Express” to securely authorise credit card payments before any charges are made. For more information about “Payment Express”, please visit www.paymentexpress.com.

(e)You may not deduct or withhold any amount (whether by way of set-off, counterclaim or otherwise) from any money owing to Us.

(f)Any payment received by Us may be applied in reduction of any amount owing to Us, as determined by Us.

(g)If you do not pay for the Products or the Delivery Fee in full (or your credit card is declined by its financial institution), We will not deliver the Products to you.

5.Delivery

(a)You must choose your preferred delivery day (either a Tuesday or a Friday) from the drop-down list on the Website when ordering Products using the Website. You must order by 9:30pm Sunday for delivery on the following Tuesday or 9:30pm Wednesday for delivery on the following Friday.

(b)We will only deliver Products to households within Wellington City boundaries (as defined…)

(c)Urban Harvest will arrange delivery of the Products so the Products arrive at the Delivery Point between 3.00pm and 6.00pm on your preferred delivery day. The Products will be delivered in closed insulated bags which will contain ice packs where appropriate to keep Products cool and you will be notified by text when delivery has been made.

(d)Delivery is made when the Products arrive at the Delivery Point regardless of whether there is anyone there to accept the delivery. Risk in and ownership of the Products will pass to you immediately on Delivery. We will not be responsible or liable in any way if Products are damaged or spoiled due to a change in temperature in the bags in which the Products are contained or due to any other occurrence or event after Delivery.

(e)We are entitled to assume that any person accepting delivery of the Products is authorised to do so on your behalf.

(f)If you fail or refuse to take delivery of the Products, We may (without affecting any other rights We may have) charge you for any expenses or additional costs that we incur as a result of the failure or refusal.

(g)You must make sure the Delivery Point is safe and easily accessible to our delivery partners. If, in the reasonable opinion of our delivery partner, the Delivery Point is not safe or easily accessible, the delivery will not be made and We will contact you to arrange an alternative delivery arrangement. We reserve the right to charge you an additional Delivery Fee for any agreed alternative delivery arrangement. If delivery cannot be made, you will be deemed to have cancelled the order and We reserve the right to charge a cancellation fee of $25.

(h)If there is a delay in the delivery as a result of reasons outside Our control, we will not be liable to you. We will contact you if your delivery is likely to be later than 6pm on the relevant delivery day.

(i)If a delivery day falls on ANZAC Day, Good Friday, Easter Sunday or Christmas Day, the product will be delivered the following day.

6.Trading Hours

An order submitted by a Customer before 1pm on ANZAC Day or at any time on Good Friday, Easter Sunday or Christmas Day shall not be accepted by Us immediately at checkout but shall be deemed to have been accepted by US at 1:05pm on ANZAC Day or 12:05am on the day following Good Friday, Easter Sunday or Christmas Day (as the case may be).

7.Return of reusable bags and ice packs

Products will be supplied to you in reusable bags and, where necessary, with ice packs which are owned by Us. You agree to either return these bags and ice packs to Us at 29 Hania St Mt Victoria or leave these bags and ice packs out to be collected by Us on the next delivery of Products to you or at such other agreed time. In any event, you will make sure all Urban Harvest bags are returned to us within 30 days of receipt of the relevant bag by you. If you fail to return any bags to us within 30 days of receipt, we may, at our sole discretion, charge you a fee of up to NZ$5 per bag and you agree to pay that fee.

8.Resale restriction

Unless otherwise agreed by Us, you may not purchase the Products for the purpose of resale.

9.Product availability, quality and complaints – 100% guarantee

(a)Every effort will be made to fulfill orders placed on the Website, but We will not be liable to any person if We decline or are unable to supply a Product for any reason (except as set out below in clause 9(b)). We reserve the right to limit the quantity of Product able to be ordered by, or delivered to, you and if we do this We will adjust the price payable for the Products by you accordingly.

(b)If you notify the Customer Services Manager that any of the following has occurred:

(i)non-delivery of Products;

(ii)delivery of an insufficient quantity of Products;

(iii)delivery of the wrong Products; or

(iv)delivery of defective Products,

and We agree that the above has occurred, We will (at your option and at no extra charge), either provide or replace the Products on the next delivery day, provide you with different products (as specified by you) of the same type but from a different supplier, or refund the value of the relevant Products (as at the date on which the order was made). Alternatively, you may choose to keep the wrongly delivered Products.

(c)Any complaints must be directed to the Customer Services Manager and must be made within a reasonable time of order, or delivery, of the Products.

10.Warranties

Other than as set out in clause 9 above, We expressly excludes to the fullest extent permitted by law all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise. If you are purchasing the Products for a business purpose, you acknowledge that the Consumer Guarantees Act 1993 does not apply.

11.Force majeure

We will not be responsible or liable for any failure to provide the Products to the extent such failure is caused by a matter beyond Our reasonable control.

12.Privacy policy and personal information

You are asked to provide personal information when you register on the Website. Urban Harvest maintains a privacy policy. You consent to the release of your personal information to Urban Harvest and third parties in connection with the uses set out in the privacy policy.

13.Registration and accounts

(a)When you register on the Website, you will be asked whether you consent to receiving marketing, promotional and other material by way of email, text or other forms of electronic messages from Us.

(b)You will keep secure and confidential all usernames and passwords required to access the Website and you will notify Us immediately of any unauthorised use of your password or any other breach of security. You may not transfer your account to another user or maintain more than one account with Urban Harvest without Our consent.

(c)We may, at our sole discretion, suspend or terminate your account and limit your access to the Website. When your account is deactivated you will not be able to order the Products and you will not be able to set up a new account without our consent.

(d)We have absolute discretion to refuse your registration application for any reason whatsoever.

14.Users outside New Zealand

The Website is operated by Urban Harvest from New Zealand. The information on the Website is not appropriate or available for use in other countries. If you choose to access the Website from a country other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that country.

15.Intellectual property

Urban Harvest or its stallholders own copyright in the contents of the Website. You may not distribute or copy the Website for any commercial purpose and you are not permitted to incorporate the content of the Website or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without Our prior written consent. You may not frame any part of the Website material by including advertising or other revenue generating material. You may not remove or alter any trademarks or logos that appear on any material on the Website.

16.Linking

The contents of the Website may include links to third party materials. We are not responsible for the contents of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided only for your convenience, and we do not endorse, and are not otherwise associated with the operators of, any included linked site. You may not create a hyperlink to the Website without our written consent. If you do create a hyperlink to the Website, you are liable to Us for any loss inurred by us as a result.

17.Advertising

Any dealings by you with any advertiser appearing on the Website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

18.Communication tools

If you use any communication tools available through the Website (such as the blog, posting comments on producer stalls, or any other forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the Website, including (without limitation) offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Website are legitimate and are not able to monitor communications at all times. We reserve the right to remove any communication at any time for any reason in its sole discretion. Please contact us to report any objectionable information on the Website.

19.Continued operation of Website

We do not warrant that the Website will always be up and running (although we’ll use our best endeavours to ensure that this is the case).

20.Exclusion of liability

(a)To the fullest extent permitted by law, We are excluded from all liability in relation to the Website and the Products including all express and implied warranties and representations except as set out in clause 8 above.

(b)We will not be responsible for errors or misstatements on the Website or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity or any loss whatsoever caused by a third party gaining unauthorised access).

(c)While We will do our best to ensure the accuracy of any advice, recommendation or information provided by the Urban Harvest producers or by Al Brown in relation to the Products on the Website (or on Product labels) or their use or application, to the extent permitted by law, any liability or responsibility in respect of such advice rests with the applicable Urban Harvest producer or Al Brown, as the case may be, rather than with Us.

21.Indemnity

You will take all necessary action to defend and indemnify Us and our officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against Us arising from a breach by you of any of these Website Terms.

22.General

(a)If at any time We do not enforce any of these Website Terms or grant you time or other indulgence, this does not mean we have waived that Website Term or our right to later enforce that or any other Website Terms. Further, if any part or provision of these Website Terms is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining Website Terms will continue to be binding on you.

(b)These Website Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.

23.Entire Agreement

These Website Terms constitute the entire understanding and agreement of the parties relating to the subject matter of these Website Terms and supersede and extinguish all prior agreements and understandings between the parties relating to the subject matter of these WebsiteTerms.