Please take a few minutes to review these Terms & Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms & Conditions do not use this website. This website is owned and operated by pure delish ltd.
These Terms & Conditions May Change
pure delish ltd reserves the right to update or modify these Terms & Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms & Conditions as changed. For this reason, we encourage you to review these Terms & Conditions whenever you use this website.
Submissions
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications sent to us shall be and will remain the exclusive property of pure delish ltd. Your submission of any such material shall constitute an assignment to pure delish ltd of all worldwide rights, titles and interests. In all copyright and other intellectual property rights in the material. pure delish ltd will be entitled to use, reproduce, disclose, publish and distribute any materials you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any material that you do not so wish to assign to use, including any confidential information or any original creative materials such as stories, product ideas, computer code, photography or original artwork.
Contract Formation:
The information contained on this website constitutes an invitation to treat and not an offer to supply goods or services to you. When you submit an order to use you are making an offer to buy those products in accordance with these terms and conditions. We reserve the right to accept or reject (for any reason whatsoever) and in whole or part, any order submitted to us.
CORRECTION OF EFFORTS AND INACCURACIES:
The information contained on this website may contain typographical errors or inaccuracies and may not be complete or current. We, therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
PRICES AND PAYMENT:
All prices on this website are in New Zealand dollars and are inclusive of GST and any other sales tax. Please note that we reserve the right to alter the prices at any time for any reason. (1) All payments must be made by you in full. (2) Payments must be made in the Stripe secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are despatched. (3) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card is fraudulently used or is used in an unauthorised manner. (4) If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements.
LINKS TO OTHER WEB SITES:
The Website contains links to other websites so that you may learn more about our products and other matters that we feel may be of interest to you. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators. While we will make reasonable efforts to ensure that these websites will meet your approval, we do not have control over, and are in no manner responsible or liable for, the availability and content of the websites to which this website is linked. Pure delish Ltd makes not representations whatsoever about any other site you may access through this website.
CONSUMER GUARANTEES ACT:
Nothing in these Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (âCGAâ) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than of those expressly confirmed in these Terms.
ELECTRONIC TRANSACTION ACT:
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent to us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the people sending any such message need not, include a functional unsubscribe facility in that message.
APPLICABLE LAWS:
This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms. The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.
DISCLAIMER:
You assume all responsibility and risk for the use of this site and the internet generally. This site is provided by pure delish ltd on an as is basis. pure delish ltd makes no representations or warranties of any kind, express or implied, as to the operation of this site of the information, content, materials or products included on this site. To the full extent permissible by applicable law, pure delish ltd disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights and freedom from errors, viruses, bugs or other harmful components. pure delish ltd will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, special, incidental, punitive, consequential damages, or damages resulting from loss of use, data, or profits, or business interruption arising out of or in any way connected with the use of this site, any delays on the site, or the inability to use this site, any portion thereof, or any hyperlinked website, whether based on contracts, tort, negligence, strict liability or otherwise, even if pure delish ltd has been advised of such damages.
Force Majeure:
We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption to the internet, electricity, supply, bank payment systems or postal/courier deliveries.
TRANSFER & ASSIGNMENT:
If we merge, sell or otherwise change control of our business or this website to a third party, we reserve the right, without giving notice or seeking consent to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.
LIMITATION OF LIABILITY:
Under no circumstances, shall pure delish ltd or any of their employees, members, agents or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including without limitation, loss of data, income, or profits), whether in contract, negligence, or other tortuous action, even if an authorised representative of pure delish ltd has been advised of or should have known of the possibility of such damages. If you are dissatisfied with this website or any of its content, or with these terms & conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge by your use of this site that your use of this is at your sole risk.
COPYRIGHT:
It is expressed that everything contained in this website is copyrighted and may not be used without written permission of pure delish ltd. pure delish ltd neither warrants nor represents that your use of materials displayed on this website will not infringe the rights of third parties owned by or affiliated to pure delish ltd. Images, photographs or illustrations displayed on this website are either the property of, or used with permission by pure delish ltd.
TRADEMARK:
The trademarks, logos and service marks (Trademarks) displayed on this website are registered and unregistered trademarks of pure delish ltd, its affiliates and others. Nothing contained on this website should be construed as granting by implication or otherwise any license or right to use any Trademark displayed on this website without the written permission of pure delish ltd or such third party that may own the Trademark displayed on this site.
