Terms & Conditions
"Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing Salmonman Online Shopping who is not registered to use Salmonman Online Shopping.
"Delivery Point" means an outside area of the Premises, such as the Customer's front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. Salmonman does not make rural deliveries.
"Fulfillment Fee" means the fee you as the customer must pay to have your order picked, packed and delivered and may also be referred to as "delivery fee".
"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) 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 subscription thereof.
"Login" means a Customer's personal email address and password used to access Salmonman Online Shopping under that Customer's subscription.
"Premises" means the premises at the address specified by the Customer on their subscription application, as amended from time to time.
"Products" means the products for sale in Salmonman Online Shopping.
"Salmonman Online Shopping" means this internet site owned by Salmonman, being the medium by which Products are offered for sale online by Salmonman to the Customer.
Use of Salmonman Online Shopping subject to terms and conditions
Your access to, and use of, Salmonman Online Shopping is subject to the following terms and conditions. By using Salmonman Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Salmonman Online Shopping constitute legal offers to purchase, and are capable of being accepted by Salmonman without any further reference to the Customer.
Terms and conditions to prevail
These terms and conditions shall prevail over any other document purporting to have a contractual effect.
Salmonman discretion to accept subscription
Salmonman has the absolute discretion to refuse the subscription application of a potential Customer for any reason whatsoever.
Salmonman discretion to accept orders
Salmonman has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Salmonman may cancel an order for any reason whatsoever.
Subscription and access costs
No costs are payable to register to use Salmonman Online Shopping, but Customers are responsible for any costs incurred in using Salmonman Online Shopping, including any charges imposed by their internet service provider.
Suspension or termination
Salmonman may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Salmonman Online Shopping for any reason whatsoever.
Customer liable for every order
Customers are liable for every order made under their Login.
1.9 Delivery hours/schedule
Any order submitted by a Customer will have a target delivery by the Thursday or Friday of that week. An order submitted by a Customer after 11.00am on a Friday will have a target delivery of the following Thursday or Friday. Unless prior arrangement has been made with Salmonman and confirmed by email and unless either delivery day fall on a public holiday or the two weeks proceeding Christmas day.
Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through Salmonman Online Shopping for the purpose of resale.
Security of information
Salmonman shall use its reasonable endeavours to prevent any unauthorised entry into Salmonman Online Shopping. However, Salmonman will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Safe payment systems - Salmonman uses "Pay pal" to securely authorise credit card payments before any charges are made. For further information regarding "Pay pal" and how it encrypts and processes transactions, please visit www.paypal.com.
Alternate methods of payment - If you do not wish to use your credit card to pay for orders you place at Salmonman Online Shopping, you have the option to set up payment by direct debit. The option of using your credit card will remain available to you.
While Salmonman has endeavoured to ensure that the information provided on Salmonman Online Shopping is free from error, no member of Salmonman warrants its accuracy, adequacy or completeness, and no member of Salmonman shall be responsible or liable for any error in, or omission from, the information provided on Salmonman Online Shopping.
We reserve the right to make changes to the information provided on Salmonman Online Shopping at any time and without notice.
Use of the site
The Customer agrees not to use Salmonman Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on Salmonman Online Shopping for their own personal use but otherwise neither Salmonman Online Shopping, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Salmonmans' prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of Salmonman Online Shopping, or damage the operation of Salmonman Online Shopping, or Salmonmans' systems or those of other persons who use Salmonman Online Shopping, whether by way of a virus, corrupted file, any other software or program, or otherwise.
The Customer shall pay Salmonman for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.
Salmonman may vary the prices of the Products at any time without notice.
The prices of Products are displayed in New Zealand currency.
Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
In addition to the price of Products ordered, the Customer shall pay Salmonman a fulfillment fee. This fee covers the costs associated with picking, packing and the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. Salmonman may change this fee at any time, and may reduce this fee if the Customer collects the Products ordered and this has been previously agreed to by Salmonman.
For orders in excess of reasonable quantities (whether in respect of any one Product or the total size of the order), Salmonman reserves the right to adjust the fulfillment fee to reflect the actual cost of delivery. Whether any order exceeds a reasonable household quantity or not will be determined by Salmonman in its absolute discretion. If Salmonman chooses to adjust the fulfillment fee, the Customer will be contacted prior to the order being delivered to confirm acceptance of the revised fee. Deliveries of such orders will not be made unless and until this confirmation is obtained. No member of Salmonman shall be liable to the Customer for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.
Adjustments to price
The Customer will be notified of any adjustments made to the total price of their order on the invoice which will accompany the purchased Products on delivery.
Variation of order and price
If the Customer requests a variation to the order under clause 6.1 which Salmonman accepts then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.
Salmonman may set credit limits
Salmonman may from time to time set credit limits for individual Customers.
PRODUCT AVAILABILITY, RANGE, SPECIALS AND QUALITY
Every effort will be made to fulfill orders placed with Salmonman Online Shopping, but no member of Salmonman shall be liable to any person if Salmonman is unable to or declines to supply a Product for any reason whatsoever.
Salmonman reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
Salmonman may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
Salmonman reserves the right to limit the range of products available to certain areas.
Specials are subject to availability while stocks last. Salmonman Online Shopping does not allow back orders for specials that are out of stock.
If Salmonman is unable to or declines to supply a Product ordered by a Customer, Salmonman may substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.
If Salmonman cannot make a substitution on this basis, Salmonman may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.
Salmonman reserves the right to refuse to substitute any particular Product for any reason whatsoever.
If Salmonman agrees that a Product was delivered to a Customer in a damaged or spoiled condition, Salmonman shall, at the request of the Customer, replace the product with a product of similar value to the relevant Product to the Customer (as at the date on which the Product was originally ordered).
Method of Payment
Customers must pay Salmonman for the Products purchased by direct debit or by Pay pal. Salmonman Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.
Payment by direct debit
If a Customer chooses to pay by direct debit, he or she must place the “Order number” in the Reference box when processing his or her payment
Payment by credit card
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and Salmonman will contact the Customer to make alternative payment arrangements.
Salmonman reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Product ordered, Salmonman shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.
Change to payment policy
Salmonman may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.
If a delivery suburb is listed in the subscription area, this does not imply that Salmonman Online Shopping will deliver to all addresses within that suburb. Delivery is within the Isthmus of Auckland.
Right to withhold delivery
Salmonman reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if Salmonman permits) or alternative delivery arrangements are made.
Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of Salmonman shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of Salmonman for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
Salmonman shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to Salmonmans' couriers, and that it is safe for those couriers to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Salmonman reserves the right to charge Customers an additional fulfillment fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to Salmonman are not reached, the Customer will be deemed to have cancelled the order, and will incur a $20 cancellation fee.
Change of address
The Customer shall notify Salmonman immediately of a change to its delivery address.
Delays to delivery
Notwithstanding any other term, no member of Salmonman shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Salmonman or otherwise.
If Salmonman considers that the delivery of a Customer's order is likely to be substantially delayed, Salmonman may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
Delivery deemed to have taken place
If no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case Salmonman will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), Salmonman reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, Salmonman reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Salmonman will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock Salmonman may cancel the order for that Product) (in each case without incurring any cancellation fee), and Salmonman will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted in accordance with clause 3.4.
VARIATION/CANCELLATION OF ORDER
Variation/cancellation of order
The Customer may vary or cancel the order up to the point in time that Salmonman has commenced packing the order by contacting Salmonman. If the Customer wishes to cancel the order after the order has been packed, the Customer will incur a $25 cancellation fee.
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
The Customer shall keep their Login details safe and confidential at all times.
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 of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of Salmonman other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of Salmonman assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.
LIABILITY AND INDEMNITY
The liability of Salmonman 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 any other breach of Salmonmans' obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
No liability for indirect loss
No member of Salmonman shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, Salmonman Online Shopping, or the delivery or failure to deliver any Products.
Notwithstanding any other term, the Customer agrees to indemnify each member of Salmonman against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of Salmonman, arising directly or indirectly out of the Customer's use of Salmonman Online Shopping, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Salmonman Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, Salmonman, its licensors and the providers of any other products and services accessible through Salmonman Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.
If the performance by Salmonman of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, 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 (whether similar to the foregoing or not) beyond the reasonable control of Salmonman) Salmonman shall be excused from such performance to the extent of such prevention.
Collection of information
Salmonman Online Shopping contains applications which collect personal information about the Customer. Salmonman will only use this information to the extent authorised by the Customer, and will only disclose it in the manner set out below.
In using Salmonman Online Shopping the Customer authorises Salmonman to collect, retain and use their personal information for the purposes of:
(a) processing the Customer's subscription application;
(b) assessing the Customer's credit-worthiness;
(c) undertaking any dealings or transactions with the Customer;
(d) enforcing any legal or other rights Salmonman may have against the Customer in any manner that Salmonman sees fit;
(e) sending the Customer any advertising or promotional material; and
(f) enhancing Salmonman Online Shopping so that Salmonman may offer you a better, more personalised and tailored service.
Collection from other sources
In using Salmonman Online Shopping the Customer further authorises Salmonman to collect personal information about the Customer from any other source available to Salmonman including but not limited to credit referral agencies, the Customer's bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer has been associated.
Salmonmans' right to refuse application
If sufficient personal information is not supplied, or is not satisfactory to Salmonman, then Salmonman reserves the right to refuse to accept the person's application to register to use Salmonman Online Shopping.
Salmonman Online Shopping may use 'cookies'. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use Salmonman Online Shopping you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
Information retained by Salmonman
Any personal information supplied by the Customer may be retained by Salmonman until such time as the Customer requests that the information be removed.
Any personal information supplied by the Customer and retained by Salmonman may be disclosed to other persons or body corporates engaged by Salmonman for or in relation to any of the purposes listed in clause 13.1 above, including but not limited to:
(a) Salmonmans' employees.
(b) Research and/or marketing firms.
(c) Credit referral agencies.
d) Business advisors.
Salmonman may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
Storage of personal information
Salmonman has taken many steps, from both technical and systems perspectives, to ensure that Customers' information is well protected. However it is important that Customers remember to never share their Login with any other person.
While Salmonman endeavours to keep the Customer's personal information collected on Salmonman Online Shopping secure and confidential, no member of Salmonman shall be responsible for any breach of security caused by third parties, nor represents that Salmonman Online Shopping is completely secure.
Customer's rights of access
The Customer has the right under the Privacy Act 1993 to access and request to update and/or correct their personal information held by Salmonman. The Customer agrees to pay Salmonman the reasonable charges requested by Salmonman in relation to time and attendances involved in complying with the Customer's request in this regard.
Access to a Customer's personal information held by Salmonman is available to the Customer in the "Personal Assistant" area of Salmonman Online Shopping. The Customer can request a change to this information by telephoning Salmonman
CONSUMER GUARANTEES ACT
The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by Salmonman.
The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
Competition terms and conditions can be found associated with each promotion on our competitions page.
LINKS TO AND FROM OTHER WEBSITES
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 Salmonman. Salmonman 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 Salmonman Online.
The Customer agrees that it will not create a hyperlink to Salmonman Online Shopping without Salmonmans' express written permission. If a Customer does create a hyperlink to Salmonman Online Shopping, that Customer is responsible for all losses any member of Salmonman may suffer as a result of that link, whether direct or indirect. Linking to Salmonman Online Shopping is at the Customer's own risk.
VARIATION OF TERMS AND CONDITIONS
From time to time Salmonman may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of Salmonman Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes.
New Zealand law governs the use of Salmonman Online Shopping and these terms and conditions.
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