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Attitude Foods - Terms and Conditions

Thank you for choosing to purchase Attitude Foods product.

By using Attitude Foods online order form you signify that you have read and agree to the following terms and conditions as laid out below.

Any order placed through Attitude Foods website represents a full legal purchase and under no circumstances will Attitude Foods take responsibility for misrepresented orders.


SUSPENSION OR TERMINATION
of Attitude Foods online order service

Attitude Foods may at any time refuse, suspend or terminate a customer from using our online order form for whatever reason. If termination takes place and the order process has started we will notify you on the contact number or email address you have provided and either choose to process your order or refund any payments made.

CUSTOMER LIABILITY for every purchase

As written above, Attitude Foods takes no responsibility for any misrepresented orders.

SECURITY of customer information

Attitude Foods takes all reasonable care to prevent any unauthorized purchase off our website. All credit card and pay pal purchases go through the secure pay pal site.

We also accept payment by cheque and internet bank funds transfer. In these circumstances your order is sent to us directly and we contact you by return email with account and postal details for payment. (Note: Payments by cheque and or internet banking must be paid within 14 days from date of invoice, otherwise your order will automatically be cancelled and any funds in transit that are received after this date will be refunded or returned to sender.

No member of Attitude Foods staff or the company will take liability for any direct or indirect losses whatsoever if any third party gets access to your information, or uses your accounts fraudulently to purchase Attitude Foods products.

CUSTOMER INFORMATION

Attitude Foods takes no responsibility for any incorrect customer information detail entered on the website order form during the process of ordering product. If under any circumstances the information provided is incorrect or false, the customer will be responsible for any unforeseen circumstances that arise and will incur the costs of such circumstances.

SITE CONTENT INFORMATION

Attitude Foods has taken all due care in providing information that is free from error, however no member of Attitude Foods is liability for any error in, or omission from the information provided on Attitude Foods web site.

LIMITATIONS

Attitude Foods website cannot/maynot be used for:
  1. Any unlawful or prohibited acts by these term and conditions
  2. The downloading of information for personal or business use. This includes the use of altered, modified or reproduced information without the consent of Attitude Foods NZ Ltd.

PRICE CHANGES

The customer will only pay what is charged on Attitude Foods web site order form on the date of their order. Attitude Foods will not make any adjustments if the price of a product increases or decreases between the time the order is placed and the time the order is delivered. However, if there are errors in pricing displayed on the web site order form then Attitude Foods reserves the right to refuse the order or change the price accordingly before dispatch of goods. The customer can then choose to accept the price change or ask for a refund.

GOODS AND SERVICES TAX

All prices on Attitude Foods website order form are inclusive of GST (Goods and services tax)

All prices and totals quoted in New Zealand dollars

All prices and totals are quoted in New Zealand dollars ($NZ)

Additions to the order

If customer decides to add to their existing order, they must contact us by email (info@attitudefoods.com) to arrange the changes or additions. - If customers order has already been processed Attitude foods reserves the right to charge an additional packing fee. And, if the order has been dispatched from Attitude Foods warehouse, alterations or additions to the order will not be possible. – After dispatch, any additions will be treated as a new sale and freight and packaging fees will be payable.

Product availability

Attitude Foods will make every effort to fulfill all orders, however at times the product/s may not be available due to stock outages or unforeseen circumstances. Any member of Attitude Foods will not be liable to any person/s if orders are not able to be fulfilled.

Attitude foods reserves the right to limit the number of products or the quantity of any individual item that a customer may order.

If an order has already been paid ‘by Credit Card or through a Paypal account’ Attitude Foods will contact the customer on the telephone number or email address they have provided with their order. Attitude Foods will in the first instance offer a suitable product substitution of the same value. If the customer does not wish to substitute the product ordered Attitude Foods will refund the value of the product/s they are not able to supply. The refund will be processed immediately or within 24 hours of the first working day following the customers request for a refund.

Featured products and specials

Featured products and specials are only available while stocks last

Product quality

If a customer believes that a product is not up to their standard or has been damaged in transit or any other form of damage, they must contact Attitude Foods by email (info@attitudefoods.com) within 24 hours of delivery.If the customer has not contacted Attitude foods within 24 hours of delivery it will be deemed that the order has arrived in a satisfactory condition and is accepted in full.

If the customer has contacted Attitude Foods within 24 hours of delivery with a complaint about product quality or damage they may need to return it ‘at their own expense’ ‘and within 7 days’ to the distribution centre. (Attitude Foods will advise the customer if goods needs to be returned to the distribution centre, depending on what the complaint is.) If the product is deemed to be damaged or of pour quality (which is done on a case by case basis) a full refund for the order and shipping cost will be issued.

Payment options

Attitude Foods only accept payment (As listed on Attitude Foods website Order Form) by: (For instant payment satisfaction)
  1. Credit card - through a secure Paypal site
  2. Paypal account - through the secure Paypal site

Push the send order button to receive an invoice by return email with postal address and bank account details

  1. Cheque - Order is only released once cheque is cleared
  2. Direct Debit - Order is only released once payment shows in Attitude Foods bank account.
 

Delivery options and liability

Attitude Foods provide two delivery options.
If the customer does not provide specific delivery instructions and/or ask for delivery option 2 ‘on the website order form’, then delivery will automatically be sent via delivery option 1. With both delivery options, Attitude Foods assumes that the delivery point is the correct delivery point and the person/s who accept the delivery are authorized to do so on behalf of the customer.

Option 1.

‘POSTAL’ – Parcel is sent by NZ Post’s standard ‘tracked’ postal service. – Parcel is delivered to the delivery address the customer has provided on Attitude Foods web site order form. However, if there is no one at the delivery address to receive the parcel when the postman calls, the parcel is either left in the letter box at the postman’s discretion or a card is placed in the letter box informing the customer to collect their package from their local postal depot. (Delivery by post, takes 1 – 3 working days from the day following dispatch.)

Option 2.

‘COURIER’ – A courier will only call ‘once’ to deliver a parcel. Therefore, if there is no one at the delivery address to receive the parcel ‘during normal business hours’ when the courier calls, the courier will either; hold the parcel ‘safely’ at their depot for the customer to pick up and sign for. Or, they will leave the parcel at; a back door, front door or other designated area ‘as pe customer’s instructions on Attitude Foods website order form’. However, if the parcel is left unattended at a designated drop off point it is left at the customer’s risk. (Delivery by courier, ‘within the North Island, New Zealand’ takes 1 - 2 working days from the day following dispatch, and ‘within the South Island, New Zealand’ takes 2 – 3 working days from the day following dispatch.) – Note: please see below ‘Delivery and packaging charge’ if your delivery address is rural. (Delivery to a rural address can take an additional day or longer)

Delivery and packaging charge

Attitude Foods website order form provides one standard charge for delivery and packaging of $9.00 (including gst), Therefore, delivery option 2 ‘above’ is only available for delivery addresses that are classified as ‘non rural’ by Attitude Foods courier company. Rural customers are able to request delivery by option 2, but only by using the ‘send order’ button on Attitude Foods website order form. As Attitude Foods would need to ‘manually’ add and invoice an additional cost of $5.00 to the customer’s order.

Delays to delivery

Attitude Foods will at all times try to get the customers order processed and delivered within the specified time frame. However in some circumstances this cannot always be met. Attitude Foods will not be liable for any delay of the order, however, Attitude foods may at it’s discretion arrange alternative delivery or a refund for the goods ordered.

Incorrect or undelivered product/s

At times by mistake a product delivered may not correspond with the customers order. If this occurs the customer may;
  1. Keep the incorrect product, in which case the customer would not have to make an adjusting payment, or
  2. Decline the incorrect product, in which case Attitude Foods will replace the product with the original product ordered and/or issue a refund. (If the customer selects option b. the customer must contact Attitude Foods by email at (info@attitudefoods.com) within 48hours of receiving their goods to inform Attitude Foods of the error and ask for instructions to return the incorrect item ‘at their own expense’. On arrival, Attitude Foods will refund the return freight price and the price of the original item ordered or send the correct item ordered to the client at Attitude Foods expense.)

Changes or cancellations of orders

If a customer wishes to cancel or change their order they must do this before Attitude foods has commenced preparing the order. However, variations on the order can in some circumstances be made just before the order is dispatched. All cancelled orders may incur a penalty of $5.00.

Product Liability

Attitude Foods shall not be liable for any loss, damage or injury arising directly or indirectly from a non-compliant or defective product other than the cost of the product itself.

Indirect losses

Attitude Foods shall not be liable for any indirect losses resulting from a Customer’s use or misuse of Attitude Foods products and it’s respective services.

Intellectual property and capital, Trade Marks and Website Design

All intellectual property and capital, trade marks and website design remains the property of Attitude Foods NZ Ltd. No company or individual has the right to use any intellectual capital contained in the website unless they have prior approval from the owners. No individual or company can copy, use or recreate Attitude foods website contents, ideas, visuals, layouts or any other aspect of the website front end or back end for their own use or others.

If an individual or company has been found guilty of breaching these conditions that individual or company will be liable under the Copyright Act 1994 and risks prosecution for a criminal offence.

Collection of customer information

The customer authorises that all information collected on behalf of Attitude Foods is to be used in the following way.

  1. processing the customers order
  2. contacting the customer by email or telephone
  3. dispatching and delivering the customers orders
  4. enforcing any terms and conditions the customer may breach
  5. sending advertising and promotional material to the customer

Information held by Attitude Foods

Attitude Foods retains all information collected on customers until which time the customer requests the removal of that information.

Safe storage of personal information

Attitude Foods will take every care to ensure that their customer’s personal information is well protected. However, no member of Attitude Foods shall be liable for any breach of security by any third party.

Outlets for customer convenience only

Attitude Foods provide a list of outlets for the benefit and convenience of our customers only. The information provided is not to be used for any means ‘by any individual or company’ for any purpose other than it’s intended purpose. Attitude Foods does not act as a guarantee for the outlets listed.

Changes in terms and conditions

At any time Attitude Foods reserves the right to change the above terms and conditions as it sees fit. Therefore, for any changes that may affect customers we recommend that you read through these terms and conditions periodically.
PO Box 308, Whangaroa, Kaeo - Northland, New Zealand - p +64 9 405 1919 - info@attitudefoods.com