“Customer” Means the person who purchases fruit using your login
“FruitDirect” Means www.fruitdirect.co.nz
“GST” Means Goods & Services Tax chargeable in accordance with the Goods & Services Tax Act 1985
“Login” Means a customer’s personal email address and password used to access FruitDirect
“Fruit” Means products for sale on the FruitDirect website
By using FruitDirect you agree that you have read, understood and accepted these terms and conditions. All Fruit and other products supplied by FruitDirect will be in accordance with these terms and conditions and FruitDirect has the right to change these terms and conditions from time to time.
FruitDirect has the discretion to decline any order placed or cancel any order for any reason.
Customers are liable for every order made under their login.
FruitDirect takes steps to ensure the information provided on its website is correct, however there is no warranty in this regard and FruitDirect will not be liable for any error or omission.
All photos show a representation of appearance of the product, but there is likely to be variations within a variety.
The customer will pay FruitDirect for the Fruit ordered at the price displayed on the website at the time the order is submitted together with all shipping costs.
Shipping Costs are determined by location. For rural areas there will be an additional cost of $3.80 Shipping Costs are charged per box of Fruit ordered.
In the event the customer has selected an incorrect shipping option, FruitDirect reserves the right to refuse or cancel the order, or to charge for any additional shipping costs. The customer will be notified if there is any additional delivery charge for their order.
The prices of Fruit and shipping costs are in New Zealand currency and are inclusive of GST.
If FruitDirect is unable to supply the Fruit ordered, FruitDirect will refund the Customer’s payment.
The customer acknowledges FruitDirect is selling perishable goods. FruitDirect will, at its discretion, replace any damaged Fruit or provide a refund provided the customer lets FruitDirect know within 24 hours of receiving the damaged Fruit. If requested by FruitDirect you agree to arrange for a return of the damaged Fruit before any refund or replacement. FruitDirect will pay the shipping costs of returning the Fruit.
FruitDirect will not be liable for damage to Fruit as a result of it being incorrectly stored or handled after delivery.
Customers must pay for the Fruit purchased either by direct credit or by credit card before their order will be dispatched.
If a customer chooses to pay by direct credit the following bank account details must be used together with your name and order number to identify the payment when received by FruitDirect 06-0705-0307547-01.
If payment has been made by direct credit, the customer’s order will not be dispatched until payment appears in FruitDirect’s bank account (usually the following day).
The customer is liable for all costs associated with debt collection.
FruitDirect reserves the right to withhold delivery of any product for any reason whatsoever.
Deliveries will be made to the address and location the customer has identified on the order and once left at the specified address the Fruit will be deemed to be delivered.
The customer will ensure FruitDirect or its agent is able to deliver where instructed by the Customer. If delivery is not possible through no fault of FruitDirect then FruitDirect reserves the right to cancel the order and charge the customer a cancellation fee of $15.00.
FruitDirect endeavors to fulfill all orders within five working days, if a customer has not received an order within seven days of having placed the order, they are required to contact FruitDirect.
In the event the customer receives an incorrect order the customer is required to notify FruitDirect within 24 hours of receipt and failure to do so will deem acceptance of the Fruit delivered by FruitDirect. If the customer contacts FruitDirect within 24 hours FruitDirect will arrange for collection and replacement of the correct Fruit if it is available.
Title to the fruit and the risk will pass to the customer on delivery.
7. Liability and Indemnity, Product Liability & Liability of FruitDirect
FruitDirect is not liable for any loss, damage or injury arising directly or indirectly from any Fruit. FruitDirect is not liable for any consequential injury or loss of any kind arising from the customer’s use of FruitDirect or the delivery or failure to deliver Fruit.
The customer agrees to indemnify FruitDirect against all liabilities, losses, claims and expenses arising directly or indirectly out of the customer’s use of the FruitDirect site or delivery or failure to deliver any product.
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