Your access to, and use of, this Site, including your order of Products through the Site, is subject to these terms and conditions (“Terms”).
SPICE KING TERMS AND CONDITIONS
By purchasing products from Spice King (Spice King , “we”, “us”, “our”) or using this website, the purchaser (the “Customer”, “you”, “your”), agrees to the following terms and conditions of sale (the “Terms”). References in the Terms to Spice King , “us”, “we” or “our” are references to Spice King , its related companies, and directors, officers, employees or agents of Spice King or its related companies, as the context requires.
These Terms are split into three parts (General, Payments and Policies) and apply to the following Spice King website and Spice King store, Queenstown.
General:
Consumer Protection and other legislation: Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.
Business Customers: To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business, the Consumer Guarantees Act 1993 or equivalent consumer protection legislation does not apply.
Warranties and Guarantees: You acknowledge and agree that you have used your own skill and judgement in selecting and purchasing the goods and that you are responsible for ensuring that the goods purchased are fit and suitable for the purpose for which they are required, and we have no liability if they are not.
If we have not manufactured the goods we supply you, you are entitled only to such benefits as we may receive under any warranty given to us by the manufacturer or other person who supplied the goods to us. We will pass on this benefit to you, without us being directly liable to you. We do not give any warrant to you for goods that are not manufactured by us.
Spice King is not liable for any damage, repairs or warranties for electronic goods and cannot accept responsibility to send the electronic goods to manufacturer or supplier for repair or replacement.
Limitation of Liability: The Customer shall indemnify Spice King against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the Customer. Spice King shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Spice King , even if Spice King has been advised of the possibility. In no case shall Spice King maximum liability exceed the cost of the relevant original order.
Security: Spice King uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However, you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Spice King will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).
Use of Personal Information: By using the online shopping method on this website the Customer authorises Spice King to use the Customer’s personal information to assess their registration application, to conduct any transaction with the Customer, to enforce any legal rights Spice King has against the Customer, for sending any promotional or advertising materials, for enhancing this website or to provide a personalised experience for the Customer.
Cookies: This website may use “cookies” which are elements of data that this website can send to your browser, which may be stored on your system. To use the online shopping method on this website you do not necessarily need to enable your browser to accept cookies, although some information or services may not be available if you set your browser does not accept cookies.
Use of Third Party Websites: Spice King may use third-party web-analytic services to measure user activity on this website. No personal information is collected from the Customer in this process.
Copyright & Trademarks: You agree that the content you access, view or download on this website and the software used to create it, remains the property of Spice King Limited or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.
Communications: By creating an account with Spice King you consent to receiving electronic communications from Spice King . These communications will include account status updates, order status updates, promotional and marketing materials and other information relating to the service. Your personal details will not be made available to any third party.
Notice of Copyright Infringement: Spice King respects the copyrights of others. If you feel that data is used in Spice King product catalogue in a manner that constitutes an infringement of your copyright under applicable copyright legislation, please email us on accounts@spiceking.nz
Please include the following details:
Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL);
A statement that the complaining party believes that infringement of the complaining party’s copyright has occurred, giving the reasons for such belief;
A statement that you are the copyright holder or authorised to act on the copyright holder’s behalf; and
Contact details including an email address where the complaining party may be contacted.
Linked Websites: This website may contain links to other websites operated by third parties. Spice King is not liable for those websites or any content or information such websites contain.
Payments:
Payment: Spice King only accepts payment through this website via valid debit or credit cards. The online shopping method does not accept EFTPOS, cash, cheque, voucher or any other form of payment. We do not store customers’ payment details on our servers. All transactions are carried out using a third-party payment gateway. Spice King uses “Stripe” to securely authorise credit card payments before any charges are made. For further information regarding “Stripe” and how it encrypts and processes transactions, please visit www.stripe.com.
Delivery of Incorrect Goods: If Spice King delivers goods which do not match the order placed, customers may either return the goods and request a refund, or keep the incorrectly delivered goods. If the Customer chooses to keep the incorrectly delivered goods, no adjustments will be made by Spice King.
The Products will be at your risk from the time of delivery to you.
Title and ownership of the Products will only pass to you when we receive full payment of all sums due in relation to the Products, including delivery charges.
Prices: Prices displayed on this website may differ from in-store prices. Pricing and content errors: Although we do our best to ensure that prices and other content stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to rectify the error and charge the rectified price, or cancel your purchase. If we choose to charge you the rectified price, you will be notified of the error and will be given the option to pay the difference between the incorrect price and the rectified price, or receive a refund, as the case may be. Spice King will not be held liable for any direct or indirect damage or loss arising from non-pricing errors or inaccuracies in this website’s content.
Shipping: Free shipping is available for orders that are equal to or more than $50.00 in Queenstown only. An additional $5 may be charged for delivery within South Island. For Delivery throughout NZ, charges may vary and will be calculated at the time of checkout.
Cancelling Orders: Spice King reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation (regardless of whether payment for the order has been made), including (without limitation) where Spice King believes the order to be fraudulent or constitute a misuse of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you; however we will provide a reasonable notice to you stating that your order has been cancelled, and will refund the purchase price to you (where it has already been paid). Customers may cancel or modify an order free of charge if the product is out of stock or there is an error in price or product description on this website, or up until such time as the order has been packed for delivery. If the Customer wishes to cancel an order after the order has been packed, the Customer may be charged a cancellation fee. A Customer cannot cancel an order once the order has been shipped.
New Zealand Currency and GST: All prices displayed on this website are expressed in and payable in New Zealand dollars (NZD) and are inclusive of New Zealand Goods and Services Tax (“GST”). For New Zealand delivery addresses, all purchases will be charged GST unless otherwise stated. If your order ships to a delivery address outside New Zealand, no GST will be charged. Any currency conversion will take place online at the rate applicable at the time of purchase.
Customs & Duties: For any orders shipped outside of New Zealand the Customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Spice King control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.
Gift Voucher and Spice King Credit Expiry: Gift vouchers and Spice King Credits are valid only to the date mentioned on the voucher, after which the voucher and credit will expire. Any credit remaining after the expiry of the gift voucher or Spice King Credit is non-refundable. Gift vouchers and Spice King Credits are not available for use in conjunction with orders made through the online shopping method on this website.
Policies:
To place an order with us, you must be over 18 years of age, require delivery in our coverage area and have a credit or debit card acceptable to us in your name.
Refunds: Unused and unopened non-perishable Grocery items may be returned to our store for a refund or exchange with proof of purchase. Unfortunately, due to food safety and hygiene requirements, you cannot return any perishable items purchased through Spice King’s online shop or Spice King store. However, if items you have purchased through Spice King’s online shop and/or Spice King store are damaged, faulty or spoiled at the time of delivery or pick-up, we will comply with our obligations under the Consumer Guarantees Act 1993. Refunds will not be given for change of mind.
Damaged Goods: Spice King takes care to ensure that all goods delivered to customers are adequately packaged. If you receive damaged goods we will accept a return of the goods and offer a full refund or replacement. You are responsible for arranging the shipment and related costs of returning the damaged goods to us. No damage claims will be considered after seven days following the Customer’s receipt of the goods.
Addressing: If a product is found to be misaddressed by Spice King then Spice King shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an erroneous, outdated or insufficient address, then Spice King will not be held liable and will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer. It is the Customer’s responsibility to notify Spice King of any address changes before an order is placed.
Special Offers: Special deals and offers on this website are only valid for so long as they are displayed or while stock lasts, unless expressly stated otherwise. The special deals and offers displayed on this website may differ from in-store special deals and offers.
Website Access: Spice King hereby grants you permission to access, view and download the content appearing on this website, for your personal, non-commercial use only. However, we reserve the right, at our absolute discretion, to deny any application for customer registration on our website for any reason whatsoever, or to terminate an existing user’s account if the user violates our terms and conditions. The content on our site is the property of Spice King Limited, its affiliates or its content suppliers and is protected by local and international laws including copyright, authors’ rights and database right laws. The compilation of all content on this website is exclusive property of ours and our affiliates. You may not (whether systematically or otherwise) extract and/or re-utilise the content (or any part thereof) on our site without our prior written consent. Without limiting the foregoing, you may not utilise any data mining tools, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any part of our site, without our prior written consent. Our site and its URL, Spice King , the Spice King logo and other marks used on our site are trademarks or registered trademarks of Spice King Limited. Spice King’s trademarks may not be used in connection with any product or service that is not Spice King’s, in any manner that is likely to cause confusion or in any manner that disparages, or discredits Spice King. All other trademarks not owned by Spice King that appear on our site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Spice King.
Stock Availability: In order to provide the greatest range of products, you understand that Spice King does not stock all products listed on this website in a single warehouse. All items sold via the Spice King website are subject to availability and Spice King reserves the right not to accept or to cancel any order for products that are out of stock. Product availability information may have some errors and omissions. Goods delivered may differ to the product images presented on this website.
Delivery Estimates: Spice King makes every effort practical to ensure that delivery timeframes given are accurate and that your orders will be delivered as soon as possible, however, we cannot guarantee that orders will be delivered within any given timeframe. The delivery times stated for products on this website assume that the stock availability information is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold Spice King liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame. If you feel that there is a substantial delay (more than 72 hours) in delivery, you may place a request for a refund.
Force Majeure: Spice King will not be liable to the Customer for any loss or damage, directly or indirectly arising out of or in connection with any delay or failure to perform our obligations where such delay or failure is outside our reasonable control.
The name that will appear on your statement will be Spice King.
Disclaimer: Spice King would like to welcome you to this website; we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer. The information displaying on Spice King’s online shop is provided to you “as is” and any reliance upon the information shall be at your own risk. Descriptions of or information relating to products or Groceries displayed on Spice King’s online shop have been provided by our suppliers and are not the responsibility of Spice King. However, errors and omissions in this website and the information on it may occur from time to time and Spice King does not guarantee that the website will always operate or be error free. Accordingly, to the maximum extent permitted by law, Spice King does not accept any liability for the use of or inability to use this website, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.