Terms and Conditions

Terms Used: 
The seller refers to both Best Quality Food and/or CM Enterprise of New Zealand. The buyer refers to any legal entity purchasing from the seller. There is no minimum purchase for online orders.

Shipping
Shipping costs range from $10.00 to $32.00 even if the order is only $1. Please see the Shipping page for details and exact pricing options. Orders received before 9am should make the evening courier, any orders placed after that will be on the next earliest morning courier. Please allow for 2 days if you order is made after 9am daily. All orders couriered on Friday should arrive Monday.

General 
These Conditions of Use shall prevail over any terms contained in any order or offer made by the buyer or any document used by the buyer (which shall have no effect). 

Ordering 
The seller's website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer, to buy those products, in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.

Order Process 
The buyer may order products from the seller by completing and submitting the checkout process on the seller's website. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyer’s order.

The Sellers Discretion in Rejecting Orders 
No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.

Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (the Act) then: If the buyer is acquiring products from the seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products. In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall any way limit the purchaser's rights under the Act.

Prices 
Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars ($NZD) and include GST. Any currency conversion will take place online at the rate applicable at the time of purchase.

Taxes and other Charges 
All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%. 

Gift Vouchers 
Gift vouchers will not be exchanged and are not subject to returns for credit or refunds. Gift vouchers can not be used to buy more gift vouchers. The seller will not replace a gift card that is lost or stolen after being received. Please see all terms and conditions located on the back of your gift voucher.

Overseas orders 
Except for New Zealand Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to buyers order. The buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to buyers order. Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller. The seller may vary any prices on the seller's website at any time and without notice to the buyer.

Availability and Cancellation 
All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.

Cancellation of Orders 
Where products are listed on the seller's website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order. 

The seller may cancel the buyer's order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.

Damages or Loss in Transit                                                                                                                              Liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where the buyer believes that there is a shortage in the quantity of products delivered, the buyer must notify the seller of any such claim within 7 days of delivery and must provide the seller with a reasonable opportunity to investigate that claim. All orders delivered using the Streamline Freight are insured against loss or damage up to the value of NZ$250, and the buyer can optionally purchase additional insurance cover up to the value of NZ$1500. The seller will not accept any liability for loss or damage in transit that exceeds the value of the loss or damage insurance applying to that delivery. Goods leaving the seller's premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner: 


Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly. Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition. No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.  Please refer to the Returns Policy below to see what is covered.  

Delivery & Shortages
Once the seller has confirmed acceptance of the buyer's order, the seller will endeavour to dispatch the buyer's order within 2 business days unless a different time frame is specified in relation to a particular product. If the seller is unable to dispatch the buyer's order within the time frame specified the seller will endeavour to contact the buyer and advise the buyer of the expected dispatch date. The seller reserves the right to dispatch the buyer's order in one delivery. Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery. The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers delivery instructions. New Zealand law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost. 

Liability and Maintenance Guarantee
To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose. To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product. To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller. 
The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer, in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.   

Errors or Omissions 
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund. 

Ownership and Risk 
Ownership of all goods sold by the seller (the goods) is retained by the seller until until the buyer has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment. Until full payment is made the buyer agrees to: Enable the goods to be readily identifiable as the property of the seller. Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller. On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.

Personal Property Securities Act 1999 - Until full payment has been received for the buyers order, the buyer acknowledges and agrees that: These Conditions of Use constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and a security interest is taken in all products previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer (if any).

The seller undertakes to: Sign any further documents and provide any further information which the buyer may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register; indemnify the seller for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities Register or releasing any item charged thereby; not register a financing change statement or a change demand on the Personal Property Securities Register without our prior written consent; give the seller not less than 14 days' prior written notice of any proposed change in the buyer's name or any of the buyer's contact details. Unless otherwise agreed to in writing by the seller, the buyer waives their right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999.

Risk 
Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer's delivery instructions), the buyer assumes full responsibility for and risk in the products.

Description of Products 
Modifications and improvements to the seller's products, prices and data are constantly being made. Although the seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website. The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take the appropriate action.

Force Majeure 
The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is is outside the seller's reasonable control.

Compliance 
The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.

Changes to these Conditions of Use 
The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller's website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.

Severability 
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

Disputes and Governing Law 
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996. 
These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Conditions of Use (and any contracts to which these Conditions of Use apply). Feel free to contact us if you have any questions. 

 

Returns & Privacy Policy

Returns Policy 
The vast majority of orders at Best Quality Food are delivered without a hitch, but understandably from time-to-time things go wrong and you may need to arrange a return or replacement. This information should help you determine what's covered. If you are unsure please contact us directly and we'd be happy to help you out.

The item I received is not the item I ordered. 
We will replace the item, offer you a voucher code for your next visit/order or provide a full refund. To receive your replacement or refund you must return the original item to Best Quality Food if we ask and you will be provided with a no-cost return-addressed courier satchel (or similar). We process your refund or replacement within 14 days of receiving your item, but in most case we will send your replacement the same or next day or contact. If you are unsure what to do please contact us.

The item I ordered was damaged in transit. 
If your item was damaged between leaving the Best Quality Food warehouse and arriving at your delivery address you could receive a full refund or replacement depending on the situation. Please email us for details, in some cases Streamline Freight will collect the damaged parcel from your address, along with the original packaging, and once the damage has been verified your return will be processed.

The item I ordered did not arrive.
If your item did not arrive the first thing to do is request a track and trace from us if you have not already received one and checked it. We too can check into your parcel, by calling Streamline Freight on your behalf. If the track and trace on your order indicates that it has been delivered, but you're unable to find it, we will start an investigation with Streamline Freight on your behalf. 

Regrettably, neither Best Quality Food nor Streamline Freight nor NZ Couriers are able to refund or replace items that have been lost, damaged or stolen after being delivered to your property. If you are concerned about leaving your items unattended we recommend putting a comment not to leave without a signature.

I've changed my mind and no longer want the item I ordered. 
Unfortunately we are unable to accept a return if you've simply changed your mind or no longer want the item. 

Best Quality Food is fully committed to protecting your rights under the Consumer Guarantees Act if you have any questions please contact us. 

 

Health Information

Allergies 
Please be advised that all products we currently sell are pre-packaged but the nature of our working environment does not allow us to test for allergies. Even with products where the manufacturer's advice is that the product is allergy free we cannot guarantee that there was no exposure to traces during our packaging. 

Sugar Free, Gluten Free, Nut Free, Fat Free & Low Carbohydrate Diets 
All foods, sauces, confectionery that are produced for people with specific dietary needs are listed as 'Sugar Free', 'Nut Free', ‘Gluten Free’ etc, within the product description. This information is provided by the Manufacturer and not by Best Quality Food. We have only put this description if it says it directly on the box, there are other products that may be listed on the internet as for example Gluten Free, but Best Quality Food policy is it must be able to be read on the packaging to be in our categories and descriptions.

Vegetarian 
Where a product is labelled by the manufacturer as suitable for Vegetarians or Gelatine Free this information will be displayed within each individual product description. This information is currently being updated as it is available. If the information is not currently listed, feel free to contact us about any products. 

Best Before Dates 
We stock short shelf life items. Some items may include, but are not limited to: Prima Taste and Golden Boronia and other products. Once you buy them, they are not returnable, since the information is there on the web for you to see. This is why the choice is yours if you want them. Best by dates are put on by the manufacturers to advise you that the product is still good, but quality may decline. So please think about it before you buy!

While every effort is made to ensure that the Health info contained in this site is as accurate as possible, it is taken from the manufacturer and therefore we cannot guarantee any of the information. We would ask anyone with specific dietary requirements to exercise caution when ordering and always check the packaging before consuming if you have an allergy.

 


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