OUR TERMS & CONDITIONS

USE OF THE DURHAM FARMS WEBSITE, APP AND PURCHASE OF PRODUCTS ARE SUBJECT TO THESE TERMS AND CONDITIONS:

What do these terms cover?

Thank you for visiting our Website, using our App, entering any of our promotions and purchasing our Products. To make it easier for you, we have set out the terms and conditions that apply every time you deal with us below in these Terms. These Terms apply whenever you visit or use our Website or App, whenever you buy any of our Products or when you sign up to any of our promotions.

By using our Website and App, purchasing our Products or by entering into any of our promotions, you acknowledge that you have read, understood and accepted these Terms, and agree to be bound by them. We have used defined words (words with capital letters) in these Terms.

These words have special meanings and you can see what they mean at the end of these Terms.

If you want to get in touch with us, please email us at kiaora@durhamfarms.co.nz

For information on how we collect, use and deal with your personal information, please see our privacy policy

By agreeing to these Terms and providing us with your personal information, you also agree to our privacy policy.

Availability
All orders are supplied subject to product availability. Due to the nature of produce supply is seasonal.

Payment
All prices are quoted in New Zealand dollars (NZD), inclusive of GST. Payment can be made by credit card. Goods will not be released until receipt of payment. Direct Debits and Online banking please call us to make the appropriate arrangements.

Delivery
All deliveries are as specified on the website. We will not be liable for failure to deliver when delay has been due to causes beyond the control of Durham Farms NZ Ltd, but we will do our best to advise you if we know of any problem.

Please indicate any delivery instructions, eg where to leave the goods if you are not home (under a tree, at the back door). If a customer is not home to take delivery of the goods, the goods shall be left at the delivery address.

Perishables
Currently there is NO refrigerated delivery option outside of Auckland. Due to the nature of some foods (Meat products, dairy products and other goods requiring chilling, we can send the goods in a chilly bin at an additional cost as specified at checkout. Orders delivered outside of Auckland will be sent at the purchasers own risk and Durham Farms NZ Ltd will not be liable for any issues with such delivery.

Refunds
Our policy on goods you are not satisfied due to quality issues – phone us and explain and we will credit your account. Any claims must be made within 24 hours. Sorry no credits for items bought in error unless authorised by management.

Contact Us
For more information please e-mail us at kiaora@durhamfarms.co.nz
or phone 09 478 9 874, Monday to Friday, 9am – 3pm for internet orders.

Acceptance of Terms & Conditions
Placing an order with Durham Farms NZ Ltd means that you have read and accepted our Terms & Conditions.

Durham Farms NZ Ltd will not sell goods intended for resale from this website and we reserve the right to refuse or cancel a delivery at any time.

Risk passes on delivery

Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.

Warranties

You have statutory rights under the CGA and FTA that are not affected by these Terms.

Subject to your rights under the CGA and FTA, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law.

You must ensure that the Products are not used for any purpose for which they are not suitable and you are responsible for using all necessary skill and care in handling and using the Products. You expressly acknowledge that all such Products are accepted by you entirely at your risk.

Allergies and specific dietary requirements

Except where we specifically and expressly advise you otherwise our products are not designed to cater for allergies or specific or cultural dietary requirements.

You must take care and have all responsibility for checking the ingredients in our Products.

Liability

Under the CGA and FTA, Durham Farms’s liability to you cannot be excluded or limited in any way. Subject to your rights under the CGA and FTA:

The liability of Durham Farms whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of a Product or Bach Box or any breach of these Terms shall not in any event exceed an amount equivalent to the price of the relevant Product or Bach Box.
Durham Farms shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, App or your use of, or the delivery or failure to deliver, any Products or Bach Boxes.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms.

All intellectual property owned by Durham Farms NZ Ltd

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website or App and their contents and all Recipes are owned by, and shall at all times remain the exclusive property of, Durham Farms, its licensors and the providers of any other products and services accessible through the Website or App. This Intellectual Property is protected by New Zealand and international law.

Effect of Force Majeure

If the performance by Durham Farms of its obligations under these Terms is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, pandemic, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Durham Farms), Durham Farms shall be excused from such performance to the extent of such prevention.

Right to terminate in certain circumstances

Either party may terminate this Agreement immediately on notice to the other if the other:

(a) being a Company:

goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or
has a receiver or statutory manager appointed; or
goes into voluntary administration; or

(b) being a natural person:

dies; or
commits any act of bankruptcy; or
commits any criminal offence punishable by imprisonment; or
fails to pay an amount due under this Agreement within 7 days of the due date; or
breaches any of these Terms and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.

No waiver of Durham Farms rights

Durham Farms failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.

Links to third party websites

Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Durham Farms. Durham Farms does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause, a "third party website" is any website other than the Website.

Security of information

Durham Farms shall use its reasonable endeavours to prevent any unauthorised entry into the Website or App. However, Durham Farms will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

You must keep your Login details safe and confidential at all times.

Website and app content

You agree not to use the Website or App for any purpose that is unlawful or prohibited by these Terms. You may download the information on the Website or App for your own personal use but otherwise neither the Website nor App, nor any material on them, may be altered, modified, reproduced, transmitted or distributed without Durham Farms's prior written consent.

You agree that you will not interfere with any other party's use and enjoyment of the Website or App, or damage the operation of the Website or App, or Durham Farms's systems or those of other persons who use the Website or App, whether by way of a virus, corrupted file, any other software or program, or otherwise.

Use of the website or app

Buying gift vouchers online

(a) Gift vouchers may be purchased online from anywhere in the world, but we can only deliver Bach Boxes and Products to addresses within New Zealand that we service (so you need to be certain that your intended recipient is within an area that we service when purchasing a Durham Farms gift voucher).

(b) We will deliver gift vouchers purchased by you via email to your email address.

Spending gift vouchers online

(a) Only Durham Farms gift vouchers can be redeemed on the Website or App.

(b) Go to the “Gift Voucher” tab on the Website or App, enter the voucher number and then follow the instructions to complete your purchase(s).

Gift vouchers terms and conditions

(a) Durham Farms gift vouchers can only be purchased online via the Website or App.

(b) Gift vouchers can be partially redeemed. The un-used balance is non-refundable where you are not an ongoing Durham Farms Customer. If you are an ongoing Durham Farms Customer, the un-used balance will be credited to your account.

(d) Where you are giving a gift voucher to an existing Durham Farms Customer, or if the gift voucher recipient chooses to subscribe to Durham Farms on redemption, the amount of the voucher will be applied as a credit to their account or they can choose to purchase additional Products.

(e) All gift vouchers expire 12 months from date of purchase.

(f) A gift voucher cannot be reloaded, and unused balances at the expiry date will not be refunded.

(g) Durham Farms is not responsible if a gift voucher is used without permission.

(h) Gift vouchers will not be refunded or replaced.

(i) Gift voucher value cannot be redeemed for cash or credited to a bank account.

(j) These Terms will apply to all purchases of Bach Boxes or Products using a gift voucher.

(k) Any credit from a partially redeemed gift voucher applied to your account will be valid for the same period as the original gift voucher, 12 months from the date of purchase. The credit is non-transferable and cannot be exchanged or refunded for cash.

Variation of these terms

From time to time we may vary these Terms. Durham Farms will notify you of any changes at least eight days before the Delivery Date of your next order. We may notify you by posting the updated Terms on our Website or App. Please check these Terms periodically for changes. Your continued use of the Website or App after the Terms have been changed indicates your acceptance of those changes.

New Zealand Governing Law

New Zealand law governs the use of the Website, App and these Terms.

Definitions

"App" means the Durham Farms mobile application.

"Agreement" means the agreement made when we accept an order from you to purchase Bach Boxes, the terms of which are set out in your order and these Terms.

"Bach Box" means a delivery of Recipes along with food ingredients necessary for the relevant Recipes, which are able to be ordered via the Website and includes Extras and Speciality Bach Boxes. Our Bach Boxes also include the boxes in which they are delivered.

"CGA" means the Consumer Guarantees Act 1993.

"Customer", "you" and "your" means you and any other person who registers, and/or orders a Product under your Login.

"Delivery Point" means an outside area of the Premises, such as your front door, or any particular outside area specified by you in making an order via the Website. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building.

"Extra" means Extra products, combinations of products or services which are from time to time offered by Durham Farms as complimentary, or add-ons to a Product.

"FTA" means the Fair Trading Act 1986.

"GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

"Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) copyright in the Recipes.

"Login" means your personal email address and password used to access the Website under your registration.

"Durham Farms" "we" and "our" means Durham Farms NZ Limited, which is the seller of the Products and the owner of the Intellectual Property and includes its related companies, directors, officers, employees or agents.

"Ordering Rules" means the rules set out in clause 2 as updated and/or amended from time to time.

"Premises" means the premises at the address specified by you on your registration application, as amended from time to time.

"Products" means the produce, meat and fish and any other products from time to time included in Bach Boxes, and sold via the Website.

"Recipe" and "Recipes" means the recipes from time to time designed by Durham Farms and enclosed with a Product.

"Terms" means these terms and conditions.

"Text Messaging Service" means the text messaging service provided by Durham Farms.

"Website" means this internet site and the Durham Farms app owned by Durham Farms, being the medium by which you purchase Products.

Promotional Codes

Durham Farms may provide the public with codes for discounts and/or similar promotions (“promotion codes”). In the event that a promotion code does not have its own Terms and Conditions, these Terms and Conditions shall prevail.

Promotion codes will be targeted to limited users. To utilise promotion codes, users must meet the intended user criteria specified by Durham Farms and then either create or already have an existing account set up on the Durham Farms website (depending on the promotion code criteria). The promotion code is entered into the user’s order details to redeem. The promotion code will be applied against the GST inclusive amount payable for the user’s delivery once an order is made. A customer can only use one promotion code per order.

A promotion code may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval.

Durham Farms may cancel, terminate, modify or suspend the promotion code or these Terms and Conditions at any time and for any reason and shall not be liable for any loss or damage incurred as a result.

Durham Farms reserves the right to withhold or deduct credits obtained using a promotion code in the event that Durham Farms determines or believes that the use or redemption of the promotion code was in error, fraudulent, illegal, or in violation of the applicable promotion code terms or these Terms.

Promotion codes must only be circulated to the intended audience, and in a lawful manner; and may not be duplicated, sold or transferred in any manner, or made available to the public (whether posted to a public forum or otherwise), unless expressly permitted by The Promotor.

By using a promotion code the user agrees that they are wholly subject to these Terms & Conditions.

Promotion codes specific to first-time orders can only be used by customers who have never bought a Durham Farms delivery before. This includes any discount off your first order promotions.

Contact