SECTION 1: GENERAL
This website is operated by Snap Delivery Limited. Throughout the site, the terms “we”, “us” and “our” refers to Snap Delivery Limited. Snap Delivery Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms.
You may download the information on the Site for your own personal use but otherwise neither the Site, nor any material on it, may be scraped, copied, altered, modified, reproduced, transmitted or distributed without our prior written consent. Your use of the Site will not create, nor will you represent to have, any interests or rights in our intellectual property. You agree that you will not interfere with any other party's use and enjoyment of the Site, or damage the operation of the Site, or our systems or those of other persons who use the Site, whether by way of a virus, corrupted file, any other software or program, or otherwise. We reserve the right to suspend your use of the Site where we consider that you may have breached these Terms or the law.
1.3 Accuracy, Completeness and Timeliness of Information
Site content: While we have endeavoured to ensure that the information we have provided on the Site is free from error, it is provided "as is" and "as available" and without warranties of any kind either express or implied.
We do not warrant the accuracy, currency or completeness of the information on the Site or that the Site is error free or suitable for your intended use.
We do not warrant that the Site or the server that makes it available are free of viruses or other harmful components and we shall not be responsible or liable for any error in, or omission from, the information we have provided on the Site except as required by law. We reserve the right to make changes to the information provided on the Site at any time and without notice.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
1.4 Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
1.6 Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
1.7 Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by us. We do not monitor the content of any other websites and are not liable or responsible in relation to any content on them.
You agree that you will not create a hyperlink to this Site without our express written permission. If you do create a hyperlink to this Site, you are responsible for all losses that we may suffer as a result of that link, whether direct or indirect. Linking to this Site is at your own risk. You may not frame any part of the Site content by including advertising or other revenue generating material.
1.8 User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
1.9 Personal Information
1.10 Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
1.11 Disclaimer Of Warranties;
We make no representation or warranty of any kind, express or implied, as to the operation of the Site or the accuracy of information, content, materials or products included on the Site, except as otherwise provided under applicable New Zealand law, including any provisions in the Consumer Guarantees Act 1993 ("CGA") and Fair Trading Act 1986 (“FTA”).
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Snap Deliveries Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
1.12 Limitation of Liability and Indemnification
The provisions contained in this paragraph are subject to the Warranty clauses to the extent applicable.
- Product liability: Subject to any statutory rights available under law, including under the CGA, Snap Delivery Limited shall not be liable, 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 Snap Delivery Limited’s obligations under these Terms.
- No liability for indirect loss: Snap Delivery Limited 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, Snap Delivery, or the delivery or failure to deliver any Products.
iii. Indemnity: Notwithstanding any other term, you agree to indemnify Snap Delivery Limited against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against Snap Delivery Limited, as a result of any breach by you of these Terms, or caused by you.
You agree to indemnify, defend and hold harmless Snap Deliveries affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitors’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
1.13 Consumer Guarantees Act
You acknowledge and agree that:
- where the Products are ordered for business purposes (as the term "business" is defined in the CGA), the provisions of the CGA shall not apply to the sale of the Products by Snap Delivery Limited; and
- nothing in these Terms is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these Terms shall be read as modified to the extent necessary to give effect to that intention.
1.14 Consent to Receiving Messages and Direct Marketing:
1.15 Force Majeure:
If the performance by Snap Delivery Limited of its obligations under these Terms 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 (whether similar to the foregoing or not) beyond the reasonable control of Snap Delivery Limited) Snap Delivery Limited shall be excused from such performance to the extent of such prevention.
1.16 No waiver:
Failure on the part of Snap Delivery Limited to enforce any of these Terms shall not be construed as a waiver or as a waiver of Snap Delivery Limited’s right to enforce these Terms at a later date.
SECTION 2: SPECIFIC ONLINE SHOPPING TERMS & CONDITIONS:
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Large Orders: For orders in excess of reasonable household or workplace office quantities (whether in respect of any one Product or the total size of the Order), we reserve the right to notify you of the increased Delivery Fee that we propose to charge, to reflect the actual cost of delivery, which would need to be agreed by you prior to delivery. Whether any Order exceeds a reasonable household or workplace office quantity or not will be determined by us in our absolute discretion.
Delivery Fee: In addition to the price of Products ordered, you must pay Delivery Fee for picking, packing and the delivery of your Order. The fee will be identified and included in the total price at the point of checkout. We may change this fee at any time. The following additional terms apply to the Delivery Fee:
- the Delivery Fee may vary depending on your location;
- if we choose to adjust the Delivery Fee, you will be contacted prior to the Order being ready for delivery, to confirm acceptance of the revised fee. Deliveries of such Orders will not be made unless and until this confirmation is obtained;
iii. no member of the Snap Delivery Limited shall be liable to you for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.
Variation of Order and price: If you request a variation to the Order under clause 2.6 which we accept, then the price payable for the Order will be adjusted to reflect the variation and recorded on the invoice.
GST: Unless otherwise specified, the prices of Products are displayed in New Zealand currency and are inclusive of GST and any other sales tax.
Product availability: We will do what we reasonably can to fulfil Orders placed on the Site, but Snap Delivery Limited shall not be liable to any person if we are unable to, or decline, to supply a Product for any reason whatsoever.
Limit on quantities: We reserve the right to limit quantities able to be ordered by you, or delivered to you. If your Order is reduced in accordance with this clause, the price payable by you for that Order will be adjusted accordingly. In addition to our rights under the Large Orders Clause, we may delay dispatch of Orders that exceed reasonable household or workplace office quantities due to stock availability.
Product range: We reserve the right to limit the range of Products available to certain areas.
Specials and Promotions: Products on special or promotion are subject to availability while stocks last.
Product quality: If a Product was delivered to you in a damaged or spoiled condition (we may request photographic evidence of this), we will, at your request, refund the value of the relevant Product to you (as at the date on which the Product was originally ordered) to enable you to replace the product on your next shop. You must contact us within 48 hours of delivery of the Product in order to make a claim under this clause.
Payment by credit card: If your credit card payment is declined by your financial institution, delivery of the relevant Order will not be made, and we will contact you to make alternative payment arrangements. We reserve the right to refuse to accept payment from you by credit card for any reason.
Adjustments: If you are invoiced and pay an amount that is higher than the final amount of your Order, we shall make the necessary adjustment to the invoice and refund any amount that may be due to you.
Debt collection: If you default in payment for any Order, you are liable for all costs associated with debt collection.
Change to payment policy: We may change at any time the way in which you need to pay for Products, and any change will be notified to you prior to the change coming into effect.
Delivery areas: If a delivery suburb is listed in the registration area on the Site, this does not imply that we will deliver to all addresses within that suburb.
Right to withhold delivery: We reserve the right to withhold the delivery of any Products to you for any reason. You will not be charged for Products that have been withheld until alternative delivery arrangements are made.
Delivery and liability: Deliveries will be made to the Delivery Point. If our driver brings the Products inside the Premises, beyond the Delivery Point, at your request, or at the request of any other person accepting delivery of the Products on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, Snap Delivery Limited shall not be liable for any direct or indirect damage or loss suffered by you or any third party in doing so. We shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on your behalf.
Accessibility and safety: You must ensure that the Delivery Point is easily accessible to our drivers, and that it is safe for those drivers to enter your premises in order to complete the delivery. Any animals on your premises should be under control or restrained to ensure the safety of our drivers. If, in the driver's reasonable opinion, the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and you will be contacted to make alternative arrangements. Snap Delivery Limited reserves the right to charge you an additional Delivery Fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to us are not reached, you will be deemed to have cancelled the Order, and may incur a $20 cancellation fee.
Change of address: You agree to notify us immediately of a change to your delivery address.
Delays to delivery: We will do what we reasonably can to deliver your Order within the timeslot selected by you. If it is not possible for us to deliver your Order within the timeslot you have selected, we will try to contact you using the contact information you provided to us during registration (or subsequently updated by you). Notwithstanding any other term, Snap Delivery Limited shall not be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond our control or otherwise. If we consider that the delivery of your Order is likely to be substantially delayed, we may, but shall not be obliged to, contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may cancel the Order, without incurring any fee for doing so.
Delivery deemed to have taken place: If no person is present at the Delivery Point at the time of delivery, or if you or any other person fail or refuse to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time. If you do not think you have received your full Order, you need to advise us within 48 hours of delivery, otherwise you will be deemed to have accepted the Order.
Incorrectly delivered Products: If any Product delivered does not correspond with a Product ordered, you may as an option:
- keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from you for the Order containing the incorrect Product; or
- reject the incorrectly-delivered Product, in which case we will, at your request, either refund the value of the Product that was originally ordered (as invoiced) or replace that Product with the Product that was originally ordered.
If you choose to reject an incorrectly-delivered Product in accordance with sub-clause ii.), we reserve the right to collect the incorrectly-delivered Product from you. If you are unable, or refuse, to deliver up the Product when requested, we reserve the right to charge you for that Product. If you want to reject the incorrectly-delivered Product, you must exercise the options set out in ii.) above within 48 hours from the date of delivery, otherwise you will be deemed to have accepted the Order.
Undelivered Products: If you have been charged for a Product that has not been delivered, you may cancel the Order of such Product (or if the Product is out of stock we may cancel the Order for that Product) (in each case without incurring any cancellation fee), and we will refund the value of the relevant Product (as set out in the invoice). Alternatively, if the Product is in stock, we will, at your request, re-deliver that Product to the original address at no extra charge to you. The re-delivery time will depend on the available capacity of our trucks for that day.
2.6 Variation or Cancellation
You may vary or cancel an Order up to the point in time that we have commenced packing the Order by contacting us (refer to the Contact Us page).
2.1 Variation or Cancellation
You may vary or cancel an Order up to the point in time that we have commenced packing the Order by contacting us (refer to the Contact Us page).
We may, at our absolute discretion, suspend or terminate your ability to purchase Products through our Site for any reason whatsoever.
We may cancel any part of an Order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
- the Products in that Order are not available; or
- there is an error in the price or the Product description posted on the Site for the Product in that Order; or
- we reasonably believe your Order has been placed in breach of these Terms.
Where an Order is cancelled by us, we will make reasonable efforts to notify you of the cancellation. You will receive a refund of the value of the Order.
Products: Products ordered through Snap Delivery are at our risk until delivered to you to the Delivery Point. Once delivered, ownership and risk in the Products passes from us to you.
Sign in: You agree to keep your Sign in details safe and confidential at all times. You are liable for every Order made under your Sign in.
SECTION 3: REFUND POLICY:
Refund, exchange or replacement covers any product quality or incorrect pricing issue for all goods sold online.
The customer has a choice of a refund, exchange or replacement as long as we are able to source a replacement product.
(a) our rights and obligations under the Privacy Act and any other applicable law; and
(b) any additional information or authorisation provided by you or us in connection with your use of our Service.
Depending on the Services that you use, and your interactions with us, the personal information that we collect may include:
- your name, address, phone number, email address, age and gender;
- your customer reference number or loyalty card number;
iii. details of the Services you have used, including any rewards you have earned through your membership of our loyalty programmes;
- what, how and when you buy from us or have expressed an interest in buying from us;
- your stated or likely preferences, for example whether you may be interested in particular products or promotions;
- information you provide to enter a promotion;and
vii. any other information that you authorise us to collect.
When you use your debit or credit card to make purchases from us, we may collect and hold your payment information. This information is held in an encrypted and secure manner and in compliance with the Payment Card Industry Data Security Standards (PCIDSS).
We use Google Analytics to collect analytical information, such as the number of visitors to our Websites per day or the number of pages requested per day. This non-personal information is aggregated by Google Analytics and enables us to measure activity within our Websites, which in turn is used to continually improve our Websites and our service to our customers. For further information, please refer to the Google Analytics website.
We may use your personal information to:
- send you direct marketing, by post and electronic means, including by email, phone and text/SMS. This may include information about special offers, discounts, promotions and other information relating to our products and services, or the products and services of group companies and selected third parties, that we think may be of interest to you – you can opt out of receiving direct marketing by telling us in writing, by email (refer to the “Contact Us” section), or calling our contact centre;
- understand your shopping habits and likely preferences, in order to enhance our products and services (for example, in order to offer you a better, more personalised and tailored service, send you information about goods and services that are likely to be of most interest to you and show you advertising and information that is most relevant to you and your interests);
iii. improve our Services. For example, we may contact you to request that you respond to market research and surveys and if you contact our call centre we may record your call for quality and training purposes;
- assist you to access new channels for delivery of, and access to, our services, for example mobile applications and payment methods;
- assist us in investigating your claims, complaints and enquiries; and
- for any other purpose that you authorise.
We also use aggregated and anonymous information (where identifiable characteristics are removed, so that you will remain anonymous). Where we do this, we may use that information to determine preferences, shopping habits and other metrics related to our customers' access to and use of our Services.
In providing and managing our Programmes, we contract with other businesses to provide services to us and we may disclose personal information to them to enable them to provide those services. We require these service providers to adhere to our confidentiality requirements and to the requirements of the Privacy Act.
We may share anonymised and aggregated information (which is not capable of identifying you) with our contractors, affiliates, business partners and other third parties.
Generally, we do not undertake credit checks. If we need to undertake a credit check, we will notify you and obtain your prior express consent.
We are focused on continually enhancing our products and services and providing new products and services, which may involve new partnerships with other companies. We will only disclose your personal information in connection with new or enhanced products and services after we have given you reasonable notice of our intention to do so via a message on our website or other communication to you, or after you have given us express authorisation.
We will take reasonable technical and organisational precautions, including complying with generally accepted industry standards, to protect personal information that we hold. However, no method is completely secure and we are not responsible for any breach of security caused by third parties.
You are responsible for ensuring your Internet browser and computer system are secure (including, but not limited to, free and secure from viruses) and can support any security measures we use to protect your information.
You are also responsible for complying with any security requirements that we notify to you. For example, you must keep your online shopping sign in details safe and confidential at all times.
We rely on you to update us if your contact details change (please refer to the Contact Us section).
You can contact us at any time (refer to the Contact Us section on our website)
You can request access to, and correction of, your personal information at any time by contacting us using the details above.
SECTION 5: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.