TERMS AND CONDITIONS

USE OF THE WEBSITE, PURCHASE OF SUBSCRIPTIONS AND ORDERS

Your access to, and use of, the Website and your purchase and use of the services and products able to be purchased via the Website is subject to the following terms and conditions. By using the Website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.

DEFINITIONS

"Agreement" means the agreement made when we accept a transaction completed by you to purchase products and services, the terms of which are set out in your Order and these terms and conditions.

"Order” means a consignment of meals ordered through the Website.

“Subscription” means a contract you enter with The Family Kitchen to receive Orders at a specified frequency on a designated schedule.

"CGA" means the Consumer Guarantees Act 1993.

“Customer”, "You" and "your" means the person named on the confirmation.

"Delivery Day" means Monday and Wednesday (for individual Orders) or Thursdays (for Subscription Orders).

"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.

"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.

"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 when you confirmed purchase of the Order, as amended from time to time.

"The Website" means this internet site, being the medium through which you complete transactions to purchase Orders.

"Text Messaging Service" means the text messaging service provided by The Family Kitchen which enables Customers to resume delivery of their Order by responding to a text message sent by us within a specified time period.

“The Family Kitchen”, “We” “Us” and “our” means The Family Kitchen Limited and includes its directors, officers, employees or agents.

REFUND POLICY

We stand by the quality of the products we sell. However, if you are not satisfied with your purchase, please contact us at info@tfk.co.nz within 7 days of receiving the item. We will do our best to resolve the situation.

SUBSCRIPTIONS

Subscription Orders are delivered at regular intervals according to the frequency you specify:  weekly or fortnightly.

Your Subscription constitutes a contract for an ongoing and regular purchase and delivery of the meal packages you select and will, subject to the rights to skip and terminate set out in these terms and conditions, continue indefinitely.

You can choose to skip (for a period of time) or cancel your order.

You can choose to change a weekly delivery to a fortnightly delivery and vice versa.

ORDER MODIFICATIONS

The cut off day and time for skipping, cancelling, changing or removing an order is on the Sunday prior, by 8pm.

Subscription Orders are delivered on Wednesdays.

One-off Orders are delivered on a Thursday.

You are unable to select a specific time slot for delivery.

REFUSAL, SUSPENSION OR TERMINATION OF PURCHASES

We have the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever and have the absolute discretion as to whether a transaction completed on our website is accepted and fulfilled. Wemay cancel a purchase for any reason whatsoever; and may, in our absolute discretion, suspend or terminate the ability of any Customer to purchase through the Website for any reason whatsoever.

CUSTOMER LIABILITY

You are liable for every Order made under your Login which has not been removed or skipped.

PRICING

All prices are listed on our Website and are inclusive of GST. Where additional delivery costs are applicable, these costs will be clearly indicated during the order process. Delivery costs are inclusive of GST.

All amounts are in New Zealand dollars.

We reserve the right to change the prices from time to time during the term of this agreement. We will notify you of a price increase by email at least five days before the delivery date for an affected Order.

PAYMENT

Payment for your first Subscription Order is taken at the time of purchase and will be charged weekly or fortnightly on Wednesdays.

The name that will appear on your credit card statement will be “The Family Kitchen Limited”.

One-off purchases of individual meals do not involve ongoing charges and are paid at the time that the purchase is confirmed on our Website.

The Website only accepts credit and debit cards.

If your credit or debit card is declined by its financial institution, or fails to process for an Order made by Subscription, payment will be deducted from your credit card on the day following your regular payment date. If your credit card is declined or fails to process on this attempt as well, we will decline to deliver the relevant Order.

If you are charged an incorrect amount for any purchase made, we will refund you the necessary adjustment amount. We will refund you by either crediting your nominated account or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.

DEBT COLLECTION

You are liable for all costs associated with debt collection where you default in payment for any order.

PRODUCT AVAILABILITY

We will make every effort to fulfil Orders placed with the Website, however we will not be liable if we are unable, or decline, to deliver an Order for any reason whatsoever, other than to refund the amounts paid.

We may alter recipes or ingredients due to stock availability.

PRODUCT QUALITY

In establishing that an Order was damaged or spoiled on delivery to you, we may require photographic evidence and/or a sample of the damaged or spoiled items.

If we agree that an Order was delivered to you in a damaged or spoiled condition, we will, at your request, credit the value of the relevant items to you. We will credit you by either crediting your credit card or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is no-transferable and cannot be exchanged or refunded for cash.

DELIVERIES

Deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date.

We use third party logistics providers to make deliveries and may change these third parties at its discretion.

DELIVERY ADDRESS

Please refer to our FAQ page for information on delivery zones. Purchases are accepted based on the suburb and postcode of the delivery address provided at the time of purchase, so it is important that you provide us with your correct address information. If you do not then we may not be able to deliver to you.

CHANGE OF ADDRESS

You must notify us immediately of a change to your delivery address. Should you fail to notify us before the deadline for changing Orders , you will be liable for the cost of the Order plus any additional costs to complete the delivery to you.

ACCESS TO DELIVERY POINT

If the party making delivery carries the Order inside the Premises, beyond the Delivery Point, at your request, or the request of any person accepting delivery of the Order on your behalf, We will not be liable for any direct or indirect damage or loss suffered by you or any third party in doing so.

You must ensure that your Delivery Point is easily accessible to the delivery person, and that it is safe for the delivery person to make access in order to complete the delivery.

If the delivery person's opinion is that the Delivery Point is inaccessible or unsafe for delivery, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of any deliveries rescheduled in such circumstances. If alternative arrangements acceptable to us are not reached, we will be relieved of our obligation to deliver the Order but you will be liable for payment for it in full.

In the situation where it is safe to complete delivery but there is no person present to take delivery, the Order will be left at the Delivery Point and be deemed to have been delivered at that point in time. Once delivered you are responsible for all Orders. We recommend unpacking your items as soon as possible to maintain freshness.

TIME OF DELIVERY

We use a third party logistics provider to make deliveries and aim to deliver between the hours of 6am and 6pm. We will endeavour to ensure that deliveries are made between the agreed delivery times but, to the maximum extent permitted by law, we will not be held liable for deliveries that occur outside of the stated delivery hours.

If we consider that the delivery of your order is likely to be substantially delayed, we will contact you via one of the contact methods detailed in your account to arrange an alternative delivery. If an alternative time of delivery is unacceptable to you, you may decline to accept it and we will credit you with the cost of that Order.

Where the Delivery Date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day and will endeavour to notify you at least 36 hours before the relevant Delivery Date.

INCORRECTLY OR UNDELIVERED PRODUCTS

If you receive an Order that does not correspond with the details you entered on the Website, you can:

• Keep the incorrectly-delivered Order, in which case no adjustment will be made to the payment due from you; or
• Reject the Order.

If you reject the Order because of an incorrectly delivered item, we will refund the value of that item. If you reject the Order because the entire Order is incorrect, we will either replace that Order within a reasonable time or refund the value of the Order that was originally purchased.

We will refund you by either crediting your credit card or alternatively crediting your account balance in your online account. Any credit applied to your account will be valid for up to twelve (12) calendar months, is non-transferable and cannot be exchanged or refunded for cash.

We reserve the right to collect incorrectly delivered Orders from you. If you are unable, or refuse, to deliver up the Order when requested, or deliver the Order in a different state than the state in which it was delivered to you, for example, with some items missing or partially consumed, we reserve the right to charge you for that Order.

If an Order is deemed to be undelivered in accordance with the delivery reports provided by the third party logistics provider we will either refund the value of the Order or replace that Order within a reasonable time.

ALLERGIES AND SPECIFIC DIETARY REQUIREMENTS

Our Products are not designed to specifically cater for allergies or specific cultural dietary requirements. Please note that all of our dishes are prepared in a kitchen that contains wheat, nuts and dairy so we cannot guarantee any of our dishes will be completely free from traces of key allergens.

If you have any questions, please feel free to message us over at info@tfk.co.nz

HEATING AND SERVING INFORMATION

The cook times provided by us are based on the results of reheating tests conducted by our chefs. Heating times are indicative only and individual Customer results may vary dependent on the power rating of the Customer oven or microwave.

PRIVACY

The Website contains applications which collect personal information about you. For a full list of these, please see our Privacy Statement.

We use our reasonable endeavours to prevent any unauthorised entry into the Website. However, we 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.

SITE CONTENT

While we have endeavoured to ensure that the information provided on the Website is free from error, we doe not warrant its accuracy and shall not be responsible or liable for any error in, or omission from, the information provided on the Website.

We reserve the right to make changes to the information provided on the Website at any time and without notice.

INTELLECTUAL PROPERTY

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website and its contents is owned by, and shall at all times remain the exclusive property of, The Family Kitchen Limited, its licensors and the providers of any other products and services accessible through the Website, and is protected by New Zealand and international law.

FORCE MAJEURE

If the performance of our 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 beyond our reasonable control) we shall be excused from such performance to the extent of such prevention.

OWNERSHIP AND RISK

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

INDEMNITY

You agree to indemnify, defend and hold us harmless  as well as our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

MISCELLANEOUS PROVISIONS‍

We may revise these Terms by updating our website. Your continued use of the website will constitute your acceptance of the revised Terms.

Any notice given under these Terms must be in writing by email and will be deemed to have been given on transmission. Notices to us are to be sent to info@tfk.co.nz.

Notices to you will be sent to the email address specified in the Order.

You may not assign or transfer any of your rights or obligations under these Terms.

These Terms are governed by New Zealand law.