By purchasing products from Grocery Mart (“GroceryMart”, “we”, “us”, “our”) or using this website, the purchaser (the “Customer”, “you”, “your”), agrees to the following terms and conditions of sale (the “Terms”).
- Consumer Protection and other legislation: Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.
Business Customers: To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business, the Consumer Guarantees Act 1993 or equivalent consumer protection legislation does not apply.
- Limitation of Liability: The Customer shall indemnify Grocery Mart against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the Customer. Grocery Mart shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Grocery Mart, even if Grocery Mart has been advised of the possibility. In no case shall Grocery Mart’s maximum liability exceed the cost of the relevant original order.
- Refunds: Grocery Mart will comply with its obligations under the Consumer Guarantees Act 1993 or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.
- Addressing: If an order is found to be misaddressed by Grocery Mart then Grocery Mart shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an erroneous, outdated or insufficient address, then Grocery Mart will not be held liable for re-delivery.Its customers responsibility for correcting delivery before the order can be re-delivered. It is the Customer’s responsibility to notify Grocery Mart of any address changes before an order is placed.
- Payment: Grocery Mart only accepts payment through this website via valid credit cards or NetBanking. The online shopping method does not accept EFTPOS, cash, cheque, voucher or any other form of payment. We do not store customers’ payment details on our servers. All transactions are carried out using a third-party payment gateway “Payment Express” who is a global leader in payment technology. Grocery Mart uses “Payment Express” to securely authorise credit card payments before any charges are made. For further information regarding “Payment Express” and how it encrypts and processes transactions, please visit https://paymentexpress.co.nz.
- Title: GroceryMart retains title in the products purchased until Grocery Mart receives payment for the products in full. Once the Customer’s order has been delivered the Customer assumes full responsibility for and risk in the products.
- Prices:Prices displayed on this website may differ from time-to-time based on different on-going sales
- Pricing and content errors: Although we do our best to ensure that prices and other content stated on this website are accurate, errors may occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to rectify the error and charge the rectified price, or cancel your purchase. If we choose to charge you the rectified price, you will be notified of the error and will be given the option to pay the difference between the incorrect price and the rectified price, or receive a refund, as the case may be. Grocery Mart will not be held liable for any direct or indirect damage or loss arising from non-pricing errors or inaccuracies in this website’s content.
- Damaged Goods: Grocery Mart takes care to ensure that all goods delivered to customers are adequately packaged. If you receive damaged goods we will accept a return of the goods and offer a full refund or replacement. No damage claims will be considered after seven days following the Customer’s receipt of the goods.
- Delivery of Incorrect Goods: If Grocery Mart delivers goods which do not match the order placed, customers may either return the goods and request a refund, or keep the incorrectly delivered goods. If the Customer chooses to keep the incorrectly delivered goods, no adjustments will be made by Grocery Mart.
- Security: Grocery Mart uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However, you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Grocery Mart will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).
- Special Offers: Special deals and offers on this website are only valid for so long as they are displayed or while stock lasts, unless expressly stated otherwise.
- Shipping: Free shipping is available for orders that are equal to or more than $25.00. we currently only deliver in Auckland for most of the postcodes except few. IF the order amount is lesser than 25$, we do not accept or deliver orders.
- Cancelling Orders: Grocery Mart reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation (regardless of whether payment for the order has been made), including (without limitation) where Grocery Mart believes the order to be fraudulent or constitute a misuse of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you; however we will provide a reasonable notice to you stating that your order has been cancelled, and will refund the purchase price to you (where it has already been paid).
Customers may cancel or modify an order free of charge if the product is out of stock or there is an error in price or product description on this website, or up until such time as the order has been packed for delivery. If the Customer wishes to cancel an order after the order has been packed, the Customer may be charged a cancellation fee. A Customer cannot cancel an order once the order has been shipped.
- New Zealand Currency and GST: All prices displayed on this website are expressed in and payable in New Zealand dollars (NZD) and are inclusive of New Zealand Goods and Services Tax (“GST”). Any currency conversion will take place online at the rate applicable at the time of purchase.
- Website Access: You can view Grocery Mart content appearing on this website, for your personal, non-commercial use only. However, we reserve the right, at our absolute discretion, to deny any application for customer registration on our website for any reason whatsoever, or to terminate an existing user’s account if the user violates our terms and conditions. You agree not to use any device, method or software to interfere with the proper functioning of this website. Without the express written permission of Grocery Mart, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
- Use of Personal Information: By using the online shopping method on this website the Customer authorises Grocery Mart to use the Customer’s personal information to assess their registration application, to conduct any transaction with the Customer, to enforce any legal rights Grocery Mart has against the Customer, for sending any promotional or advertising materials, for enhancing this website or to provide a personalised experience for the Customer.
- Cookies: This website may use “cookies” which are elements of data that this website can send to your browser, which may the store it on your system. To use the online shopping method on this website you do not necessarily need to enable your browser to accept cookies, although some information or services may not be available if you set your browser to not accept cookies.
- Use of Third-Party Websites: Grocery Mart may use third-party web-analytic services to measure user activity on this website. No personal information is collected from the Customer in this process.
- Copyright & Trademarks: You agree that the content you access, view or download from this website remains the property of Grocery Mart Limited or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.
- Stock Availability: All items sold via the Grocery Mart website are subject to availability and Grocery Mart reserves the right not to accept or to cancel any order for products that are out of stock.Goods delivered may differ to the product images presented on this website.
- Auckland Delivery: Grocery Mart currently only fulfil orders that consist of a delivery address within Auckland and that also specific supported postal codes.
- Delivery Estimates: Grocery Mart makes every effort practical to ensure that delivery timeframes given are accurate and that your orders will be delivered as soon as possible, however, we cannot guarantee that orders will be delivered within any given timeframe. The delivery times stated for products on this website assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold Grocery Mart liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame. If you feel that there is a substantial delay in delivery, you may place a request for a refund.
- Force Majeure: Grocery Mart will not be liable to the Customer for any loss or damage, directly or indirectly arising out of or in connection with any delay or failure to perform our obligations where such delay or failure is outside our reasonable control.
- Frozen Goods: Frozen Products are currently NOT shipped through our online orders
- Communications: By creating an account with Grocery Mart you consent to receiving electronic communications from Grocery Mart. These communications will include account status updates, order status updates, promotional and marketing materials and other information relating to the service. Your personal details will not be made available to any third party.
- Notice of Copyright Infringement: Grocery Mart respects the copyrights of others. If you feel that data is used in Grocery Mart’s product catalogue in a manner that constitutes an infringement of your copyright under applicable copyright legislation, please write to us at:email@example.com.
Please include the following details:
o Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL);
o A statement that the complaining party believes that infringement of the complaining party’s copyright has occurred, giving the reasons for such belief;
o A statement that you are the copyright holder or authorised to act on the copyright holder’s behalf; and
o Contact details including an email address where the complaining party may be contacted.
- Linked Websites: This website may contain links to other websites operated by third parties. Grocery Mart is not liable for those websites or any content or information such websites contain.
- Statements: The name that will appear on your statement will be Grocery Mart.
- Disclaimer: Grocery Mart would like to welcome you to this website; we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer. The information on this website is provided “as is” and for general information only. Grocery Mart has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and Grocery Mart does not guarantee that the website will always operate or be error free. Accordingly, to the maximum extent permitted by law, Grocery Mart does not accept any liability for the use of or inability to use this website, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on