1. GENERAL

1.1. All the products sold on the Canterbury Fresh Lamb website are sold subject to the following terms and conditions. The Customer should ensure that they have read them thoroughly prior to purchasing any products.

1.2. These terms and conditions shall prevail over any other documentation or representation by Canterbury Fresh Lamb, its employees or its affiliates.

1.3. Canterbury Fresh Lamb may at any time, vary these terms and conditions.

1.4. No delay, neglect or forbearance by Canterbury Fresh Lamb in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice Canterbury Fresh Lamb's rights hereunder.

1.5. If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the terms will remain in full force and have full effect.

2. DEFINITIONS

2.1. "Customer" means you and all other persons who purchase the products under your Login.

2.2. "GST" means goods and services tax.

2.3. "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.

2.4. "Login" means a Customer's personal password and access to the www.canterburyfresh.com website under that Customers registration.

2.5. "Products" means all the products for sale in the Canterbury Fresh Lamb website. These products can only be purchased via the Canterbury Fresh Lamb website and not through any associated retail outlet.

2.6. "Site Policy" means the website policy of the Canterbury Fresh Lamb website.

2.7. ďWebsiteĒ means this website, accessible via the www.canterburyfresh.com domain name.

2.8. "Canterbury Fresh Lamb" means this Internet site being the medium by which products are offered for sale by Canterbury Fresh Lamb to the Customer. Canterbury Fresh Lamb is a privately owned New Zealand registered company.

3. PURCHASE TERMS

When purchasing Products on this website The Customer confirms and acknowledges that:

3.1. All information supplied by the Customer to Canterbury Fresh Lamb is correct at the time of purchase on this website.

3.2. Canterbury Fresh Lamb may disclose the Customerís information to their bank or Credit Card Company and for the purposes of any debt recovery proceedings Canterbury Fresh Lamb may issue against the Customer.

4. PRICE

4.1. The Customer shall not be liable for any registration costs to register with the Canterbury Fresh Lamb website.

4.2. Product prices are displayed in New Zealand currency.

4.3. The price of the products is inclusive of GST.

4.4. Canterbury Fresh Lamb includes the delivery fee which covers the costs associated with picking, packing and the delivery of their order in the total price at the time of purchase. Canterbury Fresh Lamb may review this fee at any time.

4.5. If the Customer requests a variation to the order which Canterbury Fresh Lamb accepts then the price payable for the order will be adjusted to reflect the variation and recorded on the invoice.

4.6. Canterbury Fresh Lamb may vary the prices of the products at any time without notice.

4.7. In the event that computer error results in a material misstatement of the Customerís order Canterbury Fresh Lamb may, prior to the customerís receipt of the order or at any time thereafter, require that the Customer pay Canterbury Fresh Lamb the difference between the amount charged for the order and the correct amount payable.

5. PAYMENT

5.1. The Customer shall make payment of each order by credit card and pay on line as directed. Canterbury Fresh Lamb accepts payment by Visa or Mastercard. Fax ordering can also be arranged by faxing orders direct to Canterbury Fresh Lamb on (03) 3487706

5.2. The Customer is liable for all costs associated with the collection of any unpaid amounts where the Customer's payment has defaulted. The Customer agrees to indemnify Canterbury Fresh Lamb against any default by their credit card company to make payment to Canterbury Fresh Lamb in full.

6. PRODUCT RANGE AND AVAILABILITY

6.1. All products are sold subject to their availability while stocks last. Canterbury Fresh Lamb shall not be responsible for its inability to supply products to the Customer where the product is unavailable or where stock has been exhausted.

6.2. The Canterbury Fresh Lamb website does not allow back orders for specials that are not available at the point of ordering.

6.3. Canterbury Fresh Lamb reserves the right to limit the range of products available to certain areas.

6.4. Canterbury Fresh Lamb reserves the right to limit quantities of the product.

6.5. Canterbury Fresh Lamb may delay dispatch of a bulk order due to stock availability.

6.6. Gift Vouchers and Christmas Vouchers may not be purchased Online. Gift Vouchers, Christmas Vouchers and supplier vouchers can not be redeemed online.

7. DELIVERY

7.1.Canterbury Fresh Lamb delivers to most locations within the North and South Islands of New Zealand. Delivery is deemed to have taken place when the products reach the address the Customer has specified for delivery.

7.2.Property and risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address. *Please note our delivery preference is for you to be available to sign for the delivery or an alternative is to provide us with your contact number for the Courier to confirm your delivery

7.3. Nothing in these terms and conditions entitles the Customer to refuse to take delivery or return the products as being surplus to their needs or for any other reason other than those agreed herein.

7.4. Canterbury Fresh Lamb reserves the right to refuse delivery of the Products to the Customer for any reason whatsoever.

7.5. Canterbury Fresh Lamb shall use all reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form on a timely basis. Canterbury Fresh Lamb is not responsible for any failure to deliver or delay in delivery caused by any event outside its reasonable control.

7.6. The Customer is to notify Canterbury Fresh Lamb (shop@canterburyfresh.com) immediately of a change to their delivery address and in such case the notification shall be treated as a new application for registration.

7.7. Advice regarding order shortages or damage in transit must be given to Canterbury Fresh Lamb no later than three (3) days after receipt of the products.

7.8. Where Canterbury Fresh Lamb fails to deliver or delays all or part of the Customerís order or when loss is incurred by the Customer in relation to such delivery which is within Canterbury Fresh Lamb control, Canterbury Fresh Lamb's liability shall be restricted to payment of the cost of replacing the order of part of the order as Canterbury Fresh Lamb may determine in Canterbury Fresh Lambís sole discretion.

8. ORDER VARIATIONS/CANCELLATIONS/RETURNS

8.1. The Customer may vary or cancel the order up to the point in time that Canterbury Fresh Lamb has commenced packing the order by contacting the Canterbury Fresh Lamb Office on (03) 3487705.

8.2. Subject to the Customer's consent, Canterbury Fresh Lamb may substitute a product for another similar product if the initial product ordered by the Customer is unavailable.

8.3. Subject to clause 7.7, if for any reason, the Customer is dissatisfied with their order, they must contact Canterbury Fresh Lamb within Seven (7) days of receipt of the order (03) 3487705 for assistance.

9. DISCLAIMERS WARRANTIES AND LIMITATIONS OF LIABILITY

9.1. Canterbury Fresh Lamb makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. The Customer expressly agrees that their use of this site is at their sole risk and that they buy the product in reliance upon their own judgment. To the full extent permissible by applicable law, Canterbury Fresh Lamb disclaims all warranties, express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose. Canterbury Fresh Lamb does not warrant that this site, its servers, or e-mail sent from Canterbury Fresh Lamb are free of viruses or other harmful components. Canterbury Fresh Lamb will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, and consequential damages.

9.2. The liability of Canterbury Fresh Lamb whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Canterbury Fresh Lamb obligations hereunder shall not in any event exceed an amount equivalent to the price of the product.

10. INTELLECTUAL PROPERTY

10.1. All right, title and interest in all Intellectual Property and in all concepts, systems, written, graphic and other material relating to Canterbury Fresh Lamb shall at all times remain the property of Canterbury Fresh Lamb. The Customer may not display or distribute the content of any part of the Website in public, including any reproduction in any form on the internet, without Canterbury Fresh Lamb's express permission.

10.2. Any infringement of Canterbury Fresh Lamb's intellectual property rights will be subject to litigation under New Zealand Law.

11. USE OF YOUR INFORMATION

11.1. The Customers use of this website will generate certain information that will be recorded electronically by Canterbury Fresh Lamb. Information of this type may include, for example, the Customers IP address, usage statistics etc. Canterbury Fresh Lamb will also record the Customerís contact details, credit information and any related personal details that the Customer supplies or that Canterbury Fresh Lamb obtains independently.

11.2. The Customer acknowledges that Canterbury Fresh Lamb, its employees, carriers, contractors and agents may use or disclose any of the information identified in the previous clause for purposes connected with the supply of services to the Customer. Examples of purposes connected with supply include for example:

11.2.1. administration of the Customers order or account on the website;

11.2.2. carrying out credit checks; 11.2.3.

keeping the Customer up to date with new offers / changes at Canterbury Fresh Lamb;

11.2.4. sharing with contractors to enable the Customer to use or facilitate their use of the website;

11.2.5. Undertaking any dealings or transactions with the Customer;

11.2.6. Enforcement of any legal or other rights Canterbury Fresh Lamb sees fit.

11.3. The Customer may at any time make a written request to see any personal information that Canterbury Fresh Lamb holds or to ask to correct any mistakes in that information.

12. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES

12.1. The Customer agrees by registering on this website that they expressly consent to their inclusion in Canterbury Fresh Lambís direct marketing database and accept that they may, as a result, receive regular electronic communications and promotional communications from Canterbury Fresh Lamb. The Customer has the right to ask Canterbury Fresh Lamb at any time to stop sending online communications and promotional offers to them.

13. SECURITY OF INFORMATION

13.1. Canterbury Fresh Lamb shall use its best endeavours to prevent any unauthorised entry into the Canterbury Fresh Lamb website. However Canterbury Fresh Lamb shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.

13.2. The Customer is obligated to keep their login and password details safe and confidential at all times.

14. JURISDICTION / DISPUTES

14.1. This website is provided for use by New Zealand residents. Canterbury Fresh Lamb makes no representations that the website complies with the laws of any country outside of New Zealand.

14.2. These terms and conditions are governed by New Zealand law and any legal action against Canterbury Fresh Lamb must be taken in a Court in New Zealand.

14.3. The Customer agrees that in the event of any legal dispute relating to these terms and conditions the parties will attempt to settle matters by way of mediation at first instance.

15. ASSIGNMENT

15.1. The Customer may not assign any rights under this agreement except without the written consent of Canterbury Fresh Lamb.

15.2.Canterbury Fresh Lamb may assign its rights under this agreement without seeking the Customerís consent.

16. NOTICES

16.1. Canterbury Fresh Lamb will send all invoices and notices required to the address (postal, fax or email) that the Customer nominated as their referred method of contact. It is the Customerís responsibility to ensure that the Customer keeps Canterbury Fresh Lamb informed of any changes to their contact details.

16.2. The Customer will be deemed to have received a notice:

16.2.1. sent by email or fax, at the time it is sent;

16.2.2. sent by post, four days after it is sent.
 
     
     




 
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