Terms of service

Welcome to the Foodbox family!

Please read the following terms and conditions (T&C’s) carefully before using our website or any Foodbox application. 

These T&C’s form an agreement between you, the user and Foodbox Limited (Foodbox) setting out the grounds on which you agree to use the Foodbox website and receive Foodbox related services which includes ordering and delivery (or arranging delivery) of product orders, the Agreement. 

Your use of the Foodbox website and services constitutes your agreement to the T&C’s set out here.  If you do not agree with, or accept any or all of the T&C’s, do not use the Foodbox website or any of our services.  We reserve the right to accept or refuse orders at any time, for any reason.

Feedback

Please get in touch with us with any feedback and suggestions you may have, at any time.  We strive to improve and to offer you products or services that will make you love us even more. 

Substitutions 

Due to the perishable nature of some of our products, certain products may be unavailable (before or after your cut-off time), because of market conditions beyond our control or below-par quality.  Should this be the case and we have an item that is very similar to the unavailable item, we reserve the right to make a substitution.  We will always aim to give you a substitution of equal or greater value to that of the unavailable item. 

Weight

Due to the large variance of weights found in some types of produce (or products), the exact weight of produce (or products) provided may not match what was ordered, nor that of a previous (or future) order. 

Cut-off, Deliveries and Delivery Instructions 

Orders must be received by us before the cut-off time for a given delivery.  

The cut-off time is 48 hours before your delivery day or such other time as we may decide from time to time in our sole discretion. We endeavour to deliver within the allotted day (or times if relevant), however do not guarantee supply or delivery on time.  

We are not liable for any mis-deliveries due to an incorrect addresses provided or if we are unable to access the address (or residence) provided not for any delivery instructions you provide that we are unable to fulfil. 

To receive delivery, you must be present at the address you have provided to us, on the delivery day. 

To maintain the quality, freshness and integrity of our products after delivery, you must immediately refrigerate or freeze perishable items.  Ownership of the items in your order passes to you once we have delivered it to the address you have provided and as such, we are not responsible for any of the items in your order, after delivery. We therefore recommend that you authorise a friend, family member or neighbour to receive an order on your behalf if you cannot accept delivery or be home at the time your order arrives and that you instruct the authorised person to keep your perishable items cold (in the fridge) and your frozen items, frozen, until they are handed over to you.

Delivery Fee and Fuel Surcharge

We may add a delivery fee and a fuel surcharge, to your order and may change the amounts so charges, from time to time in our sole discretion. 

Delivery Day or Delivery Time Changes 

Unfortunately, we cannot make changes to delivery day or timeslots on the day of your scheduled delivery.  We are mindful of our carbon footprint and to keep it to a minimum, we carefully plan our delivery route in advance and as such, unable to make last minute changes. In the case of inclement weather or unforeseen delivery complications, it may be necessary to adjust our delivery schedule and if there will be significant delay in delivering your order, we will email or ring you, at our earliest convenience, to let you know the status, but we will always aim to deliver your order as quickly as possible, when conditions permit. 

Cancellation Policy

You can cancel or make changes to your order at any time before the cut-off time.

You are unable to cancel your order after the cut-off time.  

Once your order is confirmed and we have taken payment, we order the perishable items you have requested and start preparing your order.

For freshness reasons, we cannot hold orders and deliver them on another day.

If you cannot or do not accept delivery on your delivery day, we will have to donate or dispose of the perishable items you ordered and we have to restock the other items.  This will result in a restocking fee of 100% of the total dollar amount of the perishable items plus 25% of the total dollar amount of the non-perishable items.  

We are not able to provide money-back refund for the balance, but we will credit your account with the relevant amount, and when you next shop with us, that amount will be deducted from the amount due to us. 

We therefore recommend that you authorise a friend, family member or neighbour to receive an order on your behalf, if you cannot accept delivery or be home on your delivery day. 

Just keep in mind the authorised friend, family member or neighbour is responsible for keeping your perishable items cold (in the fridge) and your frozen items, frozen, until you pick them up, so choose a person you know and trust to accept delivery of your order, when you are unable to.

Your Account, Personal and Password Details

You can access and use the Foodbox site (and any application) by creating an account through the use of a user name and password that you choose upon registration. You are solely responsible for any authorised and unauthorised access to your account, by any person.

You are responsible for maintaining the confidentiality of your personal details at all times, including credit card and any personal account details. You agree to notify Foodbox immediately of any unauthorised use of your personal details.  You assume total responsibility for the use of our web site.

You are responsible for and agree to promptly pay all charges to your account, including items purchased, fees and applicable taxes by you or anyone you allow to use your account to access the Foodbox site.

If you wish to update or correct information previously provided to us, you can send us an email to orders@foodbox.co.nz or you can update your account information yourself by going to “Your Account” on the Foodbox site.

Minimum Purchase and Limitations

Your order may be subject to a minimum purchase order total, not including taxes, delivery fees or surcharges.  

We reserve the right to limit your order or the quantity of a particular product you may (wish to) order.

Payment and Security

We accept payment via Credit Card (Visa and Mastercard), Eftpos and AfterPay. Each of these three payment methods have different conditions that apply when using them, set out below:

Payment using Credit Card 

We currently accept VISA and MasterCard and have negotiated contracts for processing payment card transactions.

To place an order, you must have a valid, current, credit card.  

Your card will be charged at the cut-off time (which may be 48 hours before your delivery day)

Foodbox will pay the credit card merchant fees so there is no additional cost to you. 

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is transmitted using Transport Layer Security technology (TLS). All data is encrypted and stored using industry standard AES encryption. All our systems are fully compliant with PCI-DSS requirements.

Payment Card Industry Data Security Standards

In line with the Payment Card Industry Data Security Standards (PCI DSS) -

  • We restrict access to cardholder data to those with a business need to know.
  • For electronic media, cardholder data shall not be stored on servers, local hard drives, or external (removable) media including floppy discs, CDs or thumb (flash) drives unless encrypted and otherwise in full compliance with PCI DSS.
  • For paper media, cardholder data shall not be stored unless approved for legitimate business purposes
  • Those employees, contractors and agents with access to a customer’s payment card, acknowledge that they will comply with the following –
    • Ensuring that all payment card data collected in the course of doing business, regardless of whether the data is stored physically or electronically is secured.
    • Data is secured if all the following criteria are met:
    • Email should not be used to transmit credit card or personal payment information. If it should be necessary to transmit credit card information via email only the last four digits of the credit card number can be displayed;
  • Only those with a “need-to-know” are granted access to payment card and electronic payment data;
  • Credit card or personal information is never downloaded onto any portable devices or media such as USB flash drives, compact disks, laptop computers or personal digital assistants;
  • The processing and storage of personally identifiable credit card or payment information on computers and servers is prohibited;
  • Only secure communication protocols and/or encrypted connections to the authorized vendor are used during the processing of eCommerce transactions;
  • The three- or four-digit validation code printed on the payment card is never stored in any form;
  • The full contents of any track data from the magnetic stripe are never stored in any form;
  • The personal identification number (PIN) or encrypted PIN block are never stored in any form;
  • The primary account number (PAN) is rendered unreadable anywhere it is stored;
  • All but the last four digits of any credit card account number are masked when it is necessary to display credit card data.
  • Internal Auditing Services shall periodically review merchant compliance with the above and the Payment Card Industry (PCI) Data Security Standards (DSS).

Credits and Refunds

If you are unhappy with any of our products, we will attempt to resolve the issue.
In the first instance, we will credit your account for the relevant items, at our discretion.  When you next shop with us, that amount will be deducted from the amount due to us at that time.

Should we decide, at our sole discretion, to provide a money-back refund, the refund must be credited back to the account that was originally charged.  We can only offer and process refunds that are of the same value, to the same card that the original purchase was made with, we cannot provide an amount in excess of the original sale amount, nor a cash refunds.

Outstanding Debt

If you fail to pay any fees or charges when due and if you incur any outstanding debts and your debt is transferred to a debt-collection agency for collection, debt-collection fees will be added to your debt and you will be required to pay all collection costs. 

You are responsible for any fees, including lawyer’s fees, collection cost and fees that Foodbox may incur in its affords to collect any unpaid balance from you. 

Gift Vouchers and Discount Codes 

Foodbox Gift Vouchers and Discount Codes are redeemable by entering the unique code into the voucher (or code) field when placing an order. Vouchers and Codes have a limited period of validity.

Disclaimers

We try to guarantee the accuracy of all information on the website, however our website is provided on an "as is" and "as available" basis without any endorsement or representation made and we make no warranties of any kind in relation to the Foodbox website. 

We make no warranty that the Foodbox site will operate on your computer free from errors with no loss of information when transmitting data through the Foodbox website or server. All information on our site can be changed at any time, without notification. 

Foodbox offers no warranty that the use of our site will not result in the "infection" of computers. Foodbox reserves the right, without notice, to modify, suspend or terminate operation of our site, block users from accessing the site or to interrupt the operation of the site.

Limitation of Liability

Foodbox will not be liable for any indirect, consequential, exemplary, incidental or punitive damages, except where prohibited by law.

Notices

Foodbox may give notice to you of any change or anything related to this Agreement through a general posting on the website, by electronic mail, or by conventional mail to your address contained in "Your Account".  You may give notice to Foodbox by e-mail or by conventional mail to us at our physical address:

The Foodbox

25 Hannigan Drive
St Johns , Auckland, 1072

Entire Agreement 

If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  This Agreement shall be governed by the laws of New Zealand. 

Third-Party Beneficiaries

The provisions of this Agreement are for the benefit of Foodbox parties, and each shall have the right to assert and enforce the provisions directly on their own behalf.  This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement, shall survive termination of this Agreement and the any service Foodbox offers you.

Amendments

Foodbox may amend this Agreement at any time, by posting the amended terms on our website or any application we may have. All amended terms shall automatically be effective for orders placed after posting, and seven days after they are initially posted on our website or any application we may have for orders already placed. By using our website or any application we may have, after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page (our T&C’s) to determine the then current Agreement, to which you are bound.

Enjoy the Foodbox experience and the quality of our products!