Customer Terms and Conditions 

The Good Food Collective and the artisan producers featured value your support as a customer. We are proud to provide a website that helps you find a wide range of food and drink being made locally.

By law we have to explain the Terms and Conditions that apply to using our website and services. To ensure that you’re happy with how our site operates, please take a moment to read them. If you don’t agree with any of them, please do not use our service.

We are grateful that you visited our site and we hope that you enjoy the many wonderful products on offer.

Information about us

1.The website http://www.thegoodfoodcollective.co.nz (Our Website) is a site operated by The Good Food Collective Limited (“We”, Our or “Us”). We are a limited liability company registered in New Zealand (business number 9429048533119).
2. The Good Food Collective is the trading name of The Good Food Collective Limited.

Parties

3. The Good Food Collective Limited is an arms-length service provider which includes all references to “We, Our or Us”.
4. The Customer is a person, business, partnership, company (whether registered or not), that uses the services offered by The Good Food Collective Limited which includes all references to “You, and Your”

Interpretation

5. Clause and other headings are for ease of reference only and do not affect the interpretation of the terms and conditions;Words in the singular include the plural and vice versa; and reference to A party in these terms and conditions includes that party’s permitted assigns; and Including and similar words do not imply any limit.

Definitions

6. “Customer” Means a person or company that accepts an offer to purchase a Product from a Producer.
7. “Content” Means the textual, visual and/or audio content that is encountered as part of your experience on the Good Food Collective’s on-line store/s, website or other digital platforms which may include but is not limited to; text messages, images, sounds, videos, blog, vlogs and advertising materials published/posted by you the Producer.
8. “Loss” Includes loss of profits, savings, revenue, or data, and any other claim, damage, loss liability and cost, including legal costs on a solicitor client basis.
9. “Our Website” means any website, facebook page or other physical or digital platform created and or administered by The Good Food Collective.
10. “Producer” Means a person or company that offers a Product for sale to a Customer“Product” Means any item or items offered for sale by you the Producer on Our Website, whether physical goods or services.
11. “Service” Means all of the services available from Our Website, whether free or charged for.
12. “Terms” Means these terms and conditions titled The Good Food Collective Terms and Conditions applicable to a Producer of goods using The Good Food Collective.
13. “User ID” Means a unique name or password or both allocated to you to allow you to access certain parts of Our Website
14. “Working Day” Means a day, other than a Saturday or Sunday, on which New Zealand registered banks are open for business within the Auckland region.“We, us, or our” Means The Good Food Collective Limited.
15. “You, and your” Means you or if clause 5.d applies, both you and the other person on whose behalf you are acting.

Applicability

16. These terms and conditions apply to Customers using The Good Food Collective’s website to purchase Products and or services from Producers.
17. These terms and conditions form the contract between you, the Customer, and the Producer and Us, The Good Food Collective.
18. By visiting and/or using our website and any other services, you agree to be bound by these terms and conditions.
19. Where your access and use is on behalf of another person (e.g. a company or another individual) you confirm that you are authorised to do so, and do in fact, agree to these terms and conditions on that person or entities behalf and that, by agreeing to these terms and conditions on that person’s behalf, that person is bound by these terms and conditions.
20. To ensure that any contracts between You and the Producer are enforceable, you must be over 18 years of age to use Our website.
21. If you do not agree to these terms and conditions, you are not authorised to access and use Our Website, and you must immediately stop doing so.

Changes to our Terms

22. We may revise our Customer Terms and Conditions (or any part of any of them), or add further Terms and Conditions at our discretion, at any time by amending this page or the relevant document setting out any part of our Terms and Conditions. Unless stated otherwise, any change takes effect immediately.
23. Please check this page and the pages setting out other parts of our Terms and Conditions from time to time and take notice of any changes we have made, as they are binding on you.
24. Where it is reasonably practicable in the circumstances, we will endeavour to give you prior notice of any material changes to any of our Terms and Conditions.
25. We may also at our discretion require you to expressly confirm your acceptance of any revised Terms and Conditions but in any event, you will be deemed to have accepted any revised Terms and Conditions upon continuing to use our Website or any related services after such changes have been published on our Website.
26. These Terms and Conditions were last updated on the 27th of October 2020.

Changes to our Website

27. We may update our Website from time to time at our sole discretion, and may change or discontinue the content at any time. Please note however that at any given times, content on our Website may be out of date and we are under no obligation to update it.

General Terms and Conditions

28. We connect You, the Customer with Producers. Whilst we operate the platform, when you buy products from a Producer, your contact is with the Producer.The relationship between us is solely that:  

The Good Food Collective is an e-commerce platform and we are agents of the Producers only to the extent of use of Our Website as a platform for sale of the Producers Products and for collection and forwarding of your money to the Producer.

29. We are not responsible to you further than to collect your money and pass it on to the Producer.
30. We are neither a Customer nor Producer of Products offered for sale in any form. We are never either a principal or agent in a buying transaction.
31. We are not responsible for the delivery of any Product that you order or for the returns and repayment should you decide to return a Product for any reason.
32. These terms and conditions regulate the business relationship between you the Customer and Us. By using Our Website free of charge, you agree to be bound by these Terms and Conditions.
33. We provide our platform for the showcasing of Products. We are not responsible for:

Your locating and ordering of the Product;
Your choice of Product or Products;
The description of the Products;
Any refund for the Products;
The quality of the Product;
The Producers compliance with New Zealand local and/or central Government laws, rules or regulations;
Any complaint about the Product;
Any negligence by the Producer in relation to the Product;
Any other aspect of the Product;
In any dispute with a Producer, you should deal with the Producer.

34. We do not have any legal obligation or any legal responsibility or information about the Product.
35. We may change, suspend, discontinue, or restrict access to, Our Website without notice or liability
36. We welcome any comment or complaint about a Producer, which you make through Our Website. We may act upon a complaint in our discretion for the benefit of you the Customer, other Customers and/or The Good Food Collective.

The process of purchasing

37. We are not responsible for the fulfilment of your contract to buy a Product.
38. Prices listed on Our Website by Producers are inclusive of New Zealand GST.
39. Unless it is clear to the contrary, you may assume that every sale is made by the Producer is made in the course of his, her or their business.
40. Products may be offered from time to time at a discounted price as arranged between The Good Food Collective and the Producer which may be accessed via the use of a discount or promotional code.
41. Subject to any discounts and/or promotions, Products are offered for sale at a fixed price in New Zealand Dollars.
42. All Products will be subject to a delivery / shipping charge which will be shown at checkout. The shipping charge will be fixed by the Producer for each Product offered for sale. Shipping charges may change from time to time at the discretion of the Producer and without prior notice.
43. Once you have bought an item, the delivery charge offered to you cannot be increased by any party.
44. Neither we nor the Producer will be responsible for any shipping delays or the impounding of any item by the shipping company.
45. For security purposes (yours and ours) we may limit the maximum number of transactions with you in a given 24-hour period.
46. To make the future use of Our Website easier and faster for you, we will retain the personal and delivery information you give us. We will not retain information relating to your payment or credit card (unless otherwise allowed for in these Terms and Conditions). This financial information never comes into our control. The information keyed into a page is that of our payment service provider. For details about disclosure of personal information please see our Privacy Policy.

Payment security

47. We take care to make Our Website safe for you to use.
48. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
49. We currently accept Visa and MasterCard.
50. Our merchants only accept payment in New Zealand Dollars.

Damaged, Faulty or incorrect product returns

51. The Consumer Guarantee’s Act sets out minimum standards for goods and services sold via our site.
52. If you are unhappy with your purchase for any reason, you should contact the Producer via the Good Food Collective’s site as soon as you can to raise your concerns and they will do their best to remedy the situation promptly.
53. The Producer will not accept returns unless there was a defect in the Product at the time of purchase, the Product is damaged or you have been sent incorrect product.
54. As soon as Products are found to be damaged, faulty or incorrect, please contact the Producer promptly via our site.
55. The Producer may allow a return and/or process a refund in other circumstances at their discretion.
56. Producers may ask that any incorrect, faulty or damaged Products are returned to them.

Faulty products: Our Producers maintain a high level of quality standards but if a product is sold that is deficient or faulty, the Producer may ask you to return the product for inspection.
Damaged goods: Our Producers package their products carefully and dispatch them via appropriate delivery methods.
Should a Product be received, that has been damaged during delivery, please retain the product and packaging (including the outer packaging) so that it can be inspected in necessary.If possible photos should be taken to help illustrate the damage.
Incorrect Goods: If you have received an incorrect product we apologise and ask that you contact the Producer via our site so that the product can be exchanged or refunded.

57: So far as possible, a Product should be returned:

with both Product and all packaging as far as possible in their original condition;
securely wrapped;
including the Producers original delivery slip;
and at your risk and cost
58. For valid claims under this section and if the Producer agrees that the product is faulty, damaged or incorrect the Producer will:

refund the cost of return shipping if applicable; and
refund in full or replace the item as the Producer chooses.

Our guarantee to you

59. To give you the confidence in The Good Food Collective purchasing experience, we will at our complete discretion observe the following commitment:

If the Producer fails to supply a Product to you for which you have paid, or supplies a Product which is substantially different from what you ordered, we will ourselves, and at our discretion, refund the cost to you.

This guarantee is subject to our complete discretion and the following conditions:

You must first follow the returns and refunds procedure set out on Our Website;
The maximum payment value is $125.00 and we will reserve the right to exercise discretion in making a payment to you, or not.
Payments if made will be paid between 15 and 30 Working Days from the date we receive your claim. The claim form must be completed truthfully and accurately and we reserve the right to retain your claim information for the purposes of future claim referencing;
You must provide a street address to us along with phone and email contact details;
You are limited to a lifetime maximum of five claims and a maximum of one item in two years; and
You must confirm to us that you have not requested a charge back from your credit card company.

60. The guarantee set out in this paragraph is non-binding and we shall make payment at our total discretion.

The Handling of your content on our Website

61. If you Post Content to any public area of Our Website, it becomes available in the public domain. We have no control who sees it or what anyone does with it.
62. Even if access to your content is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
63. We need the freedom to be able to publicise our Services. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
64. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
65. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1994 as amended.
66. You now irrevocably authorise us to publish feedback and comments made by you through Our Website, even though it may be defamatory or critical.
67. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
68. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
69. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
70. Please notify us as soon as possible of any security breach or unauthorised use of your account.
71. We do not necessarily read or seek ideas for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it.

What you may not post on our website

72. We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
73. We do not undertake to moderate or check every item Posted, but we do and will protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with authorities in whatever ways we can.
74. You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may be one or more of the following:

be unlawful, or tend to incite another person to commit a crime; or
consist of commercial audio, video or music files; or
be obscene, offensive, threatening, violent, malicious or defamatory; or
be sexually explicit or pornographic; or
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person; or
use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement; or
request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself; or
be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use; or
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we may designate; or
facilitate the provision of unauthorised copies of another person's copyright work; or
link to any of the material specified in this paragraph; oruse distribution lists that include people who have not given specific permission to be included in such distribution process; or
send age-inappropriate communications or Content to anyone under the lawful age in New Zealand.

Restricted content

74. In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.In addition to the restrictions set out above, a Posting must not contain any of the following:

hyperlinks, other than those specifically authorised by us;
keywords or words repeated, which are irrelevant to the Content Posted; or
the name, logo or trademark of any organisation other than yours; or
inaccurate, false, or misleading information.

Offensive content removal

75. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason. If you are offended by any Content, the following provisions apply:

your complaint must be submitted to us via email detailing the reasons for the complaint and the location within our site of the offending Content and addressed to info@goodfoodcollective.co.nz after we receive notice of a complaint, we shall investigate so far as we alone decide; and
we shall remove the offending Content as soon as we are reasonably able after receipt of your complaint but not necessarily within a specified amount of time;
we may re-instate the Content about which you have complained or we may not.

75. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
76. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

Website security

77. If you violate Our Website we shall take legal action against you.
78. You now agree that you will not, and will not allow any other person to do any of the following:

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
link to Our Website in any way that would or may cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services; and
share with a third party any login credentials to Our Website.

Interruption to the Service

79. We give no warranty that the Service will be satisfactory to you.
80. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
81. You acknowledge that our Service may also be interrupted for reasons beyond our control.
82. You agree that we are not liable to you for any Loss whether foreseeable or not, arising as a result of interruption to our Service. 

Intellectual property Rights

83. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
84. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use. All other copying or downloading is prohibited without our prior written consent. If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return to us or destroy any copies of the materials you have made.
85. You must not modify or manipulate the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Trademarks

86. The Good Food Collective ™ logo, and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on our Website, registered or not, are owned or controlled by TGFC Holdings Limited (or where applicable, other third parties who have licensed use of those Marks to us).

Disclaimers

87. You access and use Our Website at your own risk.
88. We are not responsible for any Loss to you or any other person (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever to you or any other person.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

Any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website;
Any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Our Website. To avoid doubt, you are responsible for ensuring the process by which you access and use Our Website protects you from this; and
Any site linked from Our Website. Any link on Our Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operation, products or operators.

89. Our Website and Services are provided “as is”. As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, any of the following warranties:

as to fitness of Our Website and Service for a particular purpose;
as to availability and accessibility, without interruption, or without error; or
any obligation, liability, or remedy in tort whether or not arising from our negligence. 

90. We make no representation or warranty that Our Website is appropriate or available for use in other countries or that the content satisfies the laws of those countries. You are responsible for ensuring that your access to and use of Our Website is not illegal or prohibited, and for your own compliance with applicable local laws.
91. We are not liable for any Product or service listed through our website complying with local, regional or national laws.
92. We are not liable for negligence on the part of any Producer or their product; or the seller not performing their contract to you fully.
93. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Producer.

Your indemnity to us

94. You agree to indemnify us against all Loss and expense, including legal fees and management time related in any way to any of the following circumstances: 

A claim by any person in respect of any comments, remarks or posts that you may make on our Website; or
any act, neglect or default of yours in connection with these Terms or your use of the Services;
your breach of these Terms;
your failure to comply with any law;
a contractual claim arising from your use of the Services and purchase of a Product

The deletion or amendment of any comment, remark or post or other content you have placed on Our Website; or
Legal or other fees we incur in defending a claim or the imposition of a fine or penalty; or
Our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

Limitation of Liability

95. Subject to the remainder of this clause we will be liable to you for direct losses arising from our breach of these Terms. Our liability to you, or anyone claiming through you (whether in contract, tort (including negligence) equity or otherwise), will be limited at all times to $150 New Zealand dollars. This limitation applies to each claim or series of related claims made by you.

Miscellaneous matters 

96. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
97. If you are given a User ID, you must keep your User ID secure and:
Not Permit any other person to use your User ID, including not disclosing or providing to any other person; and
Immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to info@goodfoodcollective.co.nz
98. You must:

Not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, Our website or any underlying system or otherwise attempt to damage or interfere with Our Website or any underlying system; and
Unless within our agreement, access Our Website via standard web browsers only and not by any other method. Other methods include scraping, deeplinking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
99. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these terms and conditions, including any failure of a person who accesses and uses Our Website by using your User ID.
100. We (and our licensors) own all propriety and intellectual property rights in Our Website (including all information, data graphics, artwork, photographs, logos, icons, sound recording, videos and look and feel), (this does not include anything you may put on your store) and the underlying systems.
101. You undertake to provide to us your current address, e-mail address, telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
102. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
103. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
104. For the purposes of the Privacy Act 2020 you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
105. If you are in breach of any term of this agreement, we may do any or all of the following:

Publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and
you now irrevocably give your consent to such publication; or
Terminate your account and refuse access to Our Website; or
Remove or edit Content, or cancel any order at our discretion.

105. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
106. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting; If sent by email to the address from which the receiving party has last sent email: within 24 hours if no notice of non-receipt has been received by the sender. 
107. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
108. This agreement does not give any right to any third party.
109. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
110. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
111. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
112. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.