Terms & Conditions
TERMS OF TRADE KITCHENCREATIONS.NZ
kitchencreations.nz is an online food purchasing and delivery service owned and operated by Homestead Foods Limited.
Homestead Foods Ltd manufacture/cook/pack and prepare all our meal solutions on site at our MPI Food Registered Premises in Homestead Drive, Stonefields, Auckland, New Zealand under the Kitchen Creations Registered Brand. Our MPI registration number is MPI000830/1
Our gourmet Meal Base home delivery packs also include other brands of supplementary meal ingredients. In some situations we may replace products showing on site with a suitable replacement brand of similar quality.
Goods can be ordered from our website at any time of day or night 24/7 – however the processing of online orders is only carried out on week days between 9:00am and 4:00pm
We endeavour to process, pack and deliver all online orders within 72 hours of placement of your order in normal business hours.
Please read the following Terms of Service and Terms of Trade.
By Purchasing Goods and/or opening an account through kitchencreations.nz website you are agreeing to all conditions set out below.
• You must live in our delivery area to order.
• Please take care when specifying your delivery address as refunds will not be given if you enter an address incorrectly.
• Delivery windows vary by location. If you will not be home, please make an alternative arrangement and leave specific delivery instructions on the checkout page or by email for our drivers to follow.
• Ownership of the products will transfer to you once we have delivered in accordance with your delivery instructions.
• We cannot commit to a smaller delivery window. We will try to accommodate, but cannot guarantee special requests.
• If a re-delivery is required at an alternative time through no fault of Homestead Foods Ltd or our logistics partners an additional fee of $10 may be charged.
TERMS OF TRADE - the Details
This page (together with the documents referred to on it) tells the customer (you/your) the terms and conditions (Terms and Conditions) on which Kitchen Creations / Homestead Foods Limited (we/our/us) will supply to you the products (Products) listed on our website www.kitchencreations.nz (Site), via one of our delivery services (Services).
Please read these Terms and Conditions carefully before ordering any Products from the site. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions and any policies stated on the Site.
We (Homestead Foods Ltd) reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended.
We therefore recommend that each time you access the Site you read these Terms and Conditions and policies. In any event you are required to tick the checkbox in the shopping cart to accept these Terms and Conditions prior to check out. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any Products from the Site.
1. INFORMATION ABOUT US - Homestead Foods Limited
1. We operate the Site located at www.kitchencreations.nz. Homestead Foods Limited are a registered company (NZBN 9429047400825) trading as Kitchen Creations™ (the brand).
2. SERVICE AVAILABILITY
2.1 The Site is only intended for use by people residing in nominated areas of New Zealand (Service Areas). We do not accept orders from individuals outside the stated Service Areas. Customers must provide a valid email address and credit card for all orders accepted online. We do not accept orders by phone.
3. YOUR STATUS
3.1 By placing an order through our site, you warrant that:
• you are legally capable of entering into binding contracts; and
• you are at least 18 years old; and
• you are resident in one of the Service Areas
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After completing the subscription or order process on the Site, you will receive an email from us acknowledging that we have received your order (Order). Please note that this does not mean that an Order has been accepted.
4.2 An Order will relate only to the Product or Service you have ordered or requested. Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products or Service. For each Order accepted by us, we will supply the Products or Service in that Order to you in accordance with these Terms and Conditions.
5. ACCEPTANCE OR REJECTION OF AN ORDER
5.1 We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in an Order.
5.2 If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.
5.3 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order.
5.4 If we refuse an Order on or prior to delivery but after our relevant weekly order cut-off, a full refund, less any discounts, will be made within 10 Business Days.
6. CHANGE OF DETAILS
6.1 Changes to address details and/or delivery instructions must be communicated prior to placement of orders my amending and saving your user account or by ensuring the delivery is correctly stated at checkout.
6.2 We are not liable for any charges you incur as a result of out of date payment or delivery information. If we incur an expense due to incorrect information provided by you, we reserve the right to seek reimbursement from you for such expense.
7.1 From time to time we may need to revise the price of the Products and associated Services (i.e. delivery) appearing on the website.
7.2The current prices of Products and our Delivery charges will be as quoted on the Site, and may be updated from time to time.
7.3 Product prices and delivery charges include taxes including GST where applicable.
8.1 Payment for all Products and Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
8.2 Orders will be charged to your nominated payment method.
(a) It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal.
(b) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
8.3 Storage of Collected Information
(a) Homestead Foods Ltd., does not collect or store Credit Card or Payment information. All payment information is collected and stored by the designated third-party Payment Provider in order to be processed as required. We never permanently store complete debit/credit card details.
(b) All online debit/credit card transactions performed on this Site are through secured payment gateways. We currently use the Stripe and PayPal payment gateways for our online payment transactions.
(c) Complete debit/credit card details cannot be viewed by Homestead Foods Ltd., or any outside party.
(d) Payments will appear on your bank statement as “Kitchen Creations”.
8.4 Failed payments
(a) Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.
(b) If we are unable to debit your payment method your Product may still be dispatched and the sale will be deemed to have occurred.
(c) In such instances Homestead Foods Ltd., will re-attempt the payment process. We reserve the right to continue to re-attempt payment on the nominated payment method to recover any outstanding amounts.
(d) In the event that payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party.
(e) We reserve the right to suspend or terminate your user account and/or future deliveries when payments are outstanding.
8.5 Debt collection
(a) You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments.
(b) If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral.
8.6 Suspected fraud accounts
(a) We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
(b) We reserve the right to terminate your order or accounts following the investigation.
9. OUR REFUNDS POLICY
9.1 It is not possible/nor allowed to cancel an Order that has already been confirmed / paid by you through the checkout and/or despatched.
9.2 Products / Goods sold by us come with included under the New Zealand Consumer Guarantees Act 1993 (the CGA). If you consider that any Products sent to you are damaged, or defective or fail to comply with of our business Guarantees or any guarantees in the CGA, you can notify us and we will examine the received digital or physical evidence of the defective Product and will notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
9.3 If you seek a refund for any other reason, you can request a refund by email to firstname.lastname@example.org and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
9.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.5 Please take care when specifying your delivery address as refunds will not be provided for if you enter an address incorrectly.
10.1 We only deliver to addresses within the Service Areas. Depending on the location or the time of the delivery will apply. Delivery fees are noted on our website and communicated at the point that you place your initial Order.
10.2 We will deliver the Products to the Front Door / location of your nominated delivery address (Delivery Address). You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
10.3 The Delivery Driver / Courier Company may require the person accepting the delivery of the Products to provide proof of that person's identity (including photographic identification) and, where relevant, age.
10.4 Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.
10.5 If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control.
10.6 You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you and/or the specified location.
10.7 You understand that under exceptional circumstances we may need to amend your delivery date from time to time. We will notify you as soon as reasonably possible if your delivery date changes for any reason.
11. RISK AND TITLE
11.1 The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.
11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
12. DISCLAIMER AND LIMITATION OF LIABILITY
12.1 The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits.
12.2 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an "as is" and "as available" basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
12.3 You acknowledge that the Products displayed on the Site may not be an exact sample and are indicative only; and that the Products you receive may vary from those displayed according to seasonal or market availability.
12.4 To the extent permitted by law, we take all care, however do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information between our servers and your computer. We also take all care but no responsibility to ensure that no computer viruses or malicious code or will be delivered or transmitted in our communications and interactions with you – either electronically via the site or by email.
12.5 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
12.6 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to/from us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
12.8 To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
12.9 To the extent permitted by law:
(a) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:
1. (i) In the case of the supply of Products:
1. (A)replacement or resupply of the Products; or
2. (B)the cost of replacing or resupplying the Products;
2. (ii) In the case of the supply of Services:
1. (A)supplying the relevant Services again; or
2. (B)the cost of supplying the relevant Services again, and;
(b) in any event, will not exceed the fees paid by you to us under the relevant Order.
12.10 To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Products and Services supplied via Kitchencreations.nz and through Homestead Foods Ltd.
12.11 Covid-19 and other Health threats. Homestead Foods Limited operate under strict Ministry of Primary Industries Health Guidelines. As a food manufacturer, we are deemed an essential service and allowed to operate during covid-19 lockdown.
Your rights under New Zealand Consumer law are fully protected. We take ALL CARE in our high quality manufacturing facilities and delivery services. We do however accept no responsibility or liability for any illness or health related problems arising from the manufacture and delivery of goods and services from our manufacturing facilities. Any such issues (should they occur) will be fully investigated and a resolution will be implemented to our sole discretion; and in respect of our customer satisfaction; and in accordance with applicable New Zealand law.
12.12 Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
13. IMPORTANT NOTICE ABOUT LINKED WEBSITES
13.1 The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
13.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
13.3 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 We are the owner or the licensee (protector) of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.
15.2 You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
15.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.
16. FORCE MAJEURE EVENTS
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) epidemic, pandemic or other health emergency (whether declared or not); and
(g) the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
17.2 We may use your contact information to send you newsletters from us to inform you of product and service related updates and promotions. You may unsubscribe from those newsletters at any time by following the instructions in the email or writing to us at email@example.com.
18.1 These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
18.2 The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.
18.3 Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
18.4 Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.
18.5 If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
18.6 These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand.