1.1. All the products sold on the riversideshop.co.nz 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 Riverside Orchards, its employees or its affiliates.
1.3. Riverside Orchards may at any time, vary these terms and conditions.
1.4. No delay, neglect or forbearance by Riverside Orchards in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice Riverside Orchards’ 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.
2.1. "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 riversideshop.co.nz website under that Customer’s registration.
2.5. "Products" means all the products for sale in the riversideshop.co.nz website. These products can only be purchased via the riversideshop.co.nz website and not through any associated retail outlet.
2.6. "Site Policy" means the website policy of the riversideshop.co.nz website.
2.7. “Website” means this website, accessible via the riversideshop.co.nz or riverside.myfoodlink.com domain names.
2.8. "Riverside Orchards" means this Internet site being the medium by which products are offered for sale by riversideshop.co.nz to the Customer.
3. PURCHASE TERMS
When purchasing Products on this website The Customer confirms and acknowledges that:
3.1. All information supplied by the Customer to Riverside Orchards is correct at the time of purchase on this website.
3.2. Riverside Orchards may disclose the Customer’s information to their bank or Credit Card Company and for the purposes of any debt recovery proceedings Riverside Orchards may issue against the Customer.
4.1. The Customer shall not be liable for any registration costs to register with the Riverside Orchards website.
4.2. Product prices are displayed in New Zealand currency.
4.3. The price of the products is inclusive of GST.
4.4. Riverside Orchards shall charge the Customer a delivery fee which covers the costs associated with picking, packing and the delivery of their order. The fee shall be identified and included in the total price at the time of purchase. Riverside Orchards is entitled to change this fee at any time.
4.5. If the Customer requests a variation to the order which Riverside Orchards accepts then the price payable for the order will be adjusted to reflect the variation and recorded on the invoice.
4.6. Riverside Orchards 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 Customer’s order Riverside Orchards may, prior to the customer’s receipt of the order or at any time thereafter, require that the Customer pay Riverside Orchards the difference between the amount charged for the order and the correct amount payable.
5.1. The Customer shall make payment of each order by credit card. Customer must pay on line as directed. Riverside Orchards accepts payment by Visa or Mastercard.
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 Riverside Orchards against any default by their credit card company to make payment to Riverside Orchards in full.?6. PRODUCT RANGE AND AVAILABILITY
6.1. All products are sold subject to their availability while stocks last. Riverside Orchards 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 Riverside Orchards website does not allow back orders for specials that are not available at the point of ordering.
6.3. Riverside Orchards reserves the right to limit the range of products available to certain areas.
6.4. Riverside Orchards reserves the right to limit quantities of the product.
6.5. Riverside Orchards may delay dispatch of a bulk order due to stock availability.
7.1. Riverside Orchards delivers to most locations within the North Island 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.
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. Riverside Orchards reserves the right to refuse delivery of the Products to the Customer for any reason whatsoever.
7.5. Riverside Orchards 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. Riverside Orchards 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 Riverside Orchards 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 Riverside Orchards no later than one (1) day after receipt of the products.
7.8. Where Riverside Orchards fails to deliver or delays all or part of the Customer’s order or when loss is incurred by the Customer in relation to such delivery which is within Riverside Orchards’ control, Riverside Orchards’ liability shall be restricted to payment of the cost of replacing the order of part of the order as Riverside Orchards may determine in Riverside Orchards’ sole discretion.
8. ORDER VARIATIONS/CANCELLATIONS/RETURNS
8.1. The Customer may vary or cancel the order up to the point in time that Riverside Orchards has commenced packing the order by contacting Riverside Orchards on 06 3268800.
8.2. Subject to the Customer's consent, Riverside Orchards may substitute a product for another similar product if the initial product ordered by the Customer is unavailable.
9. DISCLAIMERS WARRANTIES AND LIMITATIONS OF LIABILITY
9.1. Riverside Orchards 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, Riverside Orchards disclaims all warranties, express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose. Riverside Orchards does not warrant that this site, its servers, or e-mail sent from Riverside Orchards are free of viruses or other harmful components. Riverside Orchards 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 Riverside Orchards 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 Riverside Orchards’ 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 Riverside Orchards shall at all times remain the property of Riverside Orchards. 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 Riverside Orchards’ express permission.
10.2. Any infringement of Riverside Orchards’ 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 Riverside Orchards. Information of this type may include, for example, the Customer’s IP address, usage statistics etc. Riverside Orchards will also record the Customer’s contact details, credit information and any related personal details that the Customer supplies or that Riverside Orchards obtains independently.
11.2. The Customer acknowledges that Riverside Orchards, 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 Riverside Orchards;?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 Riverside Orchards sees fit.
11.3. The Customer may at any time make a written request to see any personal information that Riverside Orchards 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 Riverside Orchards’ direct marketing database and accept that they may, as a result, receive regular electronic communications and promotional communications from Riverside Orchards. The Customer has the right to ask Riverside Orchards at any time to stop sending online communications and promotional offers to them.
13. SECURITY OF INFORMATION
13.1. Riverside Orchards shall use its best endeavours to prevent any unauthorised entry into the Riverside Orchards website. However Riverside Orchards 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. Riverside Orchards 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 Riverside Orchards 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.
15.1. The Customer may not assign any rights under this agreement except without the written consent of Riverside Orchards.
15.2. Riverside Orchards may assign its rights under this agreement without seeking the Customer’s consent.
16.1. Riverside Orchards 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 Customer’s responsibility to ensure that the Customer keeps Riverside Orchards 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.