Online Shopping Terms & Conditions
1. “Customer” means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing Preston’s Online Shopping who is not registered to use Preston’s Online Shopping.
2. “Delivery Point” means an outside area of the Premises, such as the Customer’s front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building
3. “Fulfilment Fee” means the fee you as the customer must pay to have your order picked, packed and delivered and may also be referred to as “delivery fee”.
4. “GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
5. “Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
6. “Premises” means the premises at the address specified by the Customer on their registration application, as amended from time to time.
7. “Products” means the products for sale in Preston’s Online Shopping.
8. “Store Policies” means the store policies of Preston’s Online Shopping, set out in the section of the same name on Preston’s Online Shopping.
9. “Preston’s Online Shopping” means this internet site owned by Preston’s, being the medium by which Products are offered for sale online by Preston’s to the Customer.
1.2 Use of Preston’s Online Shopping subject to terms and conditions
Your access to, and use of, Preston’s Online Shopping is subject to the following terms and conditions. By using Preston’s Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Preston’s Online Shopping constitute legal offers to purchase, and are capable of being accepted by Preston’s without any further reference to the Customer.
1.3 Terms and conditions to prevail
These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policies.
1.4 Preston’s discretion to accept orders
Preston’s has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Preston’s may cancel an order for any reason whatsoever.
1.5 Registration and access costs
No costs are payable to register to use Preston’s Online Shopping, but Customers are responsible for any costs incurred in using Preston’s Online Shopping, including any charges imposed by their internet service provider.
1.6 Suspension or termination
Preston’s may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Preston’s Online Shopping for any reason whatsoever.
1.7 Customer liable for every order
Customers are liable for every order placed and confirmed on the website.
1.8 Trading hours
Online shopping and deliveries are not available on recognised New Zealand public holidays.
1.9 Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through Preston’s Online Shopping for the purpose of resale.
1.10 Security of information
Preston’s shall use its reasonable endeavours to prevent any unauthorised entry into Preston’s Online Shopping. However, no member of the Preston’s companies will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
1.11 Site content
While Preston’s has endeavoured to ensure that the information provided on Preston’s Online Shopping is free from error, no member of the Preston’s Group warrants its accuracy, adequacy or completeness, and no member of the Preston’s Group shall be responsible or liable for any error in, or omission from, the information provided on Preston’s Online Shopping. We reserve the right to make changes to the information provided on Preston’s Online Shopping at any time and without notice.
1.12 Use of the site
The Customer agrees not to use Preston’s Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on Preston’s Online Shopping for their own personal use but otherwise neither Preston’s Online Shopping, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Preston’s’ prior written consent. The Customer agrees that it will not interfere with any other party’s use and enjoyment of Preston’s Online Shopping, or damage the operation of Preston’s Online Shopping, or Preston’s systems or those of other persons who use Preston’s Online Shopping, whether by way of a virus, corrupted file, any other software or program, or otherwise.
The Customer shall pay Preston’s for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered. Prices and specials available on Preston’s Online Shopping may not necessarily be the same as the prices and specials available in Preston’s stores. Any prices and specials available in Preston’s stores will only apply to Products purchased through Preston’s Online Shopping if those prices or specials are specifically displayed on Preston’s Online Shopping, and vice versa. Preston’s may vary the prices of the Products at any time without notice.
The prices of Products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Fulfilment fee
In addition to the price of Products ordered, the Customer shall pay Preston’s a fulfilment fee. This fee covers the costs associated with picking, packing and the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. Preston’s may change this fee at any time and may reduce this fee if the Customer collects the Products ordered and this has been previously agreed to by Preston’s.
2.5 Adjustments to price
The Customer will be notified of any adjustments made to the total price of their order on the invoice which will accompany the purchased Products on delivery.
2.6 Variation of order and price
If the Customer requests a variation to the order under clause 6.1 which Preston’s accepts then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.
3. PRODUCT AVAILABILITY, RANGE, SPECIALS, GUARANTEE
3.1 Product availability
Every effort will be made to fulfil orders placed with Preston’s Online Shopping, but no member of the Preston’s Group shall be liable to any person if Preston’s is unable to or declines to supply a Product for any reason whatsoever. Preston’s reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer’s order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly Preston’s may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
3.2 Product range
Preston’s reserves the right to limit the range of products available to certain areas.
Specials are subject to availability while stocks last. Preston’s Online Shopping does not allow back orders for specials that are out of stock.
All our products are processed on licensed premises and guaranteed to reach you fresh and ready for immediate use, storing or freezing. We prefer not to leave product at the door unless specifically instructed by you. If you are not happy with your product once you receive it please contact us immediately on ph 04 3856118 so that we can remedy any concerns you may have. Unfortunately 7 days after the dispatch of your product we are unable to replace or credit the goods
4.1 Method of Payment
Customers must pay Preston’s for the Products purchased by credit card. Preston’s Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.
4.2 Payment by credit card
If a Customer’s credit card is declined by its financial institution, delivery of the relevant order will not be made, and Preston’s will contact the Customer to make alternative payment arrangements. We accept Visa and Mastercard cards. Preston’s reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever. All credit card processing is handled by DPS.
If a Customer is invoiced an incorrect amount for any Product ordered, Preston’s shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.4 Change to payment policy
Preston’s may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.
Gift vouchers and Christmas vouchers may not be purchased through Preston’s Online Shopping. Please contact head office direct to purchase these.
5.1 Right to withhold delivery
Preston’s reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if Preston’s permits) or alternative delivery arrangements are made.
5.2 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of the Preston’s Group shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of the Preston’s Group for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point. Preston’s shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
5.3 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to Preston’s allocated couriers, and that it is safe for those couriers to enter the Customer’s premises in order to complete the delivery. If in the courier’s opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Preston’s reserves the right to charge Customers an additional fulfilment fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to Preston’s are not reached, the Customer will be deemed to have cancelled the order, and will incur a $20 cancellation fee.
5.4 Change of address
The Customer shall notify Preston’s Head Office within business hours on 04 3856118 immediately of a change to its delivery address.
5.5 Delays to delivery
Notwithstanding any other term, no member of the Preston’s Group shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Preston’s or otherwise. If Preston’s considers that the delivery of a Customer’s order is likely to be substantially delayed, Preston’s may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
5.6 Delivery deemed to have taken place
If no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses 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.
5.7 Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case Preston’s will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), Preston’s reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, Preston’s reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Preston’s will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock Preston’s may cancel the order for that Product) (in each case without incurring any cancellation fee), and Preston’s will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted.
5.8 Delivery times
Local orders received by 12pm will be delivered the following day or on any nominated day ( Tuesday through Friday ) by you.
5.9 Rural and South Island Deliveries
We can arrange deliveries to rural areas and to the South Island. To ensure you receive your product efficiently we need to arrange a pick up point where our transport delivers. Please phone us on 04 385 6118 so we can determine the most convenient pick up point for you. We can confirm delivery cost at this time.
5.10 Delivery charges (per 10kg box), inclusive of high quality, recyclable, chilled packaging
– Wellington suburbs, Porirua, Whitby, Lower Hutt, Upper Hutt $7.00
– Kapiti Coast, Palmerston North, Wairarapa, Wanganui, Dannevirke $11.00
– Rest of North Island, $13.00
– South Island, Rural & Saturday Deliveries – please contact us for a delivery price
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
(a) If the Customer wishes to cancel an order prior to it being dispatched, the Customer may incur a $20 cancellation fee. If the order has been dispatched, the customer is liable for the full cost and delivery of that order.
(b) Preston’s 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
that we reasonably believe your order has been placed in breach of these terms and conditions.
(c) In the event of a cancellation by Preston’s, Preston’s will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
Subject to clause 13, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of the Preston’s Group other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of the Preston’s Group assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer’s risk.
9. LIABILITY AND INDEMNITY
The provisions contained in this clause are subject to the Customer Guarantees clause to the extent applicable.
9.1 Product liability
The liability of the Preston’s Group 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 Preston’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
9.2 No liability for indirect loss
No member of the Preston’s Group shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer’s use of, or inability to use, Preston’s Online Shopping, or the delivery or failure to deliver any Products.
Notwithstanding any other term, the Customer agrees to indemnify each member of the Preston’s Group against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of the Preston’s Group, arising directly or indirectly out of the Customer’s use of Preston’s Online Shopping, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
10. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Preston’s Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, Preston’s, its licensors and the providers of any other products and services accessible through Preston’s Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.
11. FORCE MAJEURE
If the performance by Preston’s of its obligations under these terms and conditions 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 Preston’s) Preston’s shall be excused from such performance to the extent of such prevention.
12. PRIVACY ACT
The provisions contained in this clause only apply to personal information collected by Preston’s on Preston’s Online Shopping.
12.1 Collection of information
Preston’s Online Shopping contains applications which collect personal information about the Customer. Preston’s will only use this information to the extent authorised by the Customer, and will only disclose it in the manner set out below.
In using Preston’s Online Shopping the Customer authorises Preston’s to collect, retain and use their personal information for the possible purposes of:
(a) processing the Customer’s registration application;
(b) assessing the Customer’s credit-worthiness;
(c) undertaking any dealings or transactions with the Customer;
(d) enforcing any legal or other rights Preston’s may have against the Customer in any manner that Preston’s sees fit;
(e) sending the Customer any advertising or promotional material; and
(f) enhancing Preston’s Online Shopping so that Preston’s may offer you a better, more personalised and tailored service.
12.2 Collection from other sources
In using Preston’s Online Shopping the Customer further authorises Preston’s to collect personal information about the Customer from any other source available to Preston’s including but not limited to credit referral agencies, the Customer’s bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer has been associated.
Preston’s Online Shopping may use ‘cookies’. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use Preston’s Online Shopping you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
12.4 Website Analysis Tools
Preston’s uses Google Analytics to collect information such as the number of visitors per day or the number of pages requested per day. In order for this to occur a small piece of code is placed on each page which counts these statistics. This non-personal information gained is aggregated by Google Analytics and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers.
12.5 Information retained by Preston’s
Any personal information supplied by the Customer may be retained by Preston’s until such time as the Customer requests that the information be removed.
Any personal information supplied by the Customer and retained by Preston’s may be disclosed to other persons or body corporates engaged by Preston’s for or in relation to any of the purposes listed in clause Collection of Information above, including but not limited to:
(a) Preston’s Master Butchers’ employees.
(b) Research and/or marketing firms.
(c) Credit referral agencies.
(d) Business advisors.
Preston’s reserves the right to disclose a Customer’s personal information when it believes it is appropriate to comply with the law, facilitate court proceedings or to otherwise protect Preston’s’s rights. Preston’s may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
13. CONSUMER GUARANTEES ACT
The Customer acknowledges that where the Products are ordered for business purposes (as the term “business” is defined in the Consumer Guarantees Act 1993 (“CGA”)), the provisions of the CGA shall not apply to the sale of the Products by Preston’s.
The Customer agrees that nothing in these terms and conditions 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 and conditions shall be read as modified to the extent necessary to give effect to that intention.
14. VARIATION OF TERMS AND CONDITIONS
From time to time Preston’s Online Shopping may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of Preston’s Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes.
15. GOVERNING LAW
New Zealand law governs the use of Preston’s Online Shopping and these terms and conditions.
16. GENERAL TERMS & CONDITIONS
This website (“Site”) is made up of a number of pages. The pages about Preston’s Master Butchers and its brands, products and services are subject to the terms and conditions set out below and any other specific terms and policies applicable to those matters. To the extent of any inconsistency, the specific terms and policies shall prevail.
Use of the site
Links to and from other websites
Website analysis tools
Intellectual property rights
Exclusion of liability and indemnity