Welcome to @food CULTURE Online Store where you can search for and purchase grocery/groceries through the website or mobile application.

For the purposes of these terms and conditions,

@food CULTURE Online Store refers to:

(a) the online shopping service; and

(b) the website or mobile application that you use to access and use the online shopping service. Your use of @food CULTURE online store is governed by these terms and conditions so please read them carefully.

The systems and intellectual property rights relating to or are owned or controlled by Dude Bros Limited, and/or any affiliate, subsidiary or related company of those entities). The physical @food CULTURE store that we operate is referred to as “Our Store” in these terms and conditions. Any orders you place through online store are legally binding offers and if accepted by us, a legally binding contract is formed between you and us.

@food CULTURE online store is intended for use by people located in New Zealand and is not intended for use by anyone located outside New Zealand.

REGISTERING TO USE @food CULTURE ONLINE STORE

Your use of online store

By accessing, searching for and/or ordering your Groceries through online store, you are deemed to have read and agreed to these terms and conditions.

Registration and use of your @food CULTURE details

You must register to use @food CULTURE online store to search for and buy Groceries. You can complete this registration by registering as an online customer via @food CULTURE online store and providing your nominated email address, password and other requested information. Any personal information you provide to us will be collected, held and used in accordance with the @food CULTURE Privacy Policy.

You agree that you are responsible for anyone accessing @food CULTURE online store using your nominated email address and password – please keep your nominated email address and password confidential. You will ensure that the information you provide to us is accurate,true, up-to-date and not misleading, and that we can rely on this information for the purposes of fulfilling your orders.

Termination/suspension of access to @food CULTURE online store

We may refuse any application to use @food CULTURE online store and we are also reject any orders that you place. We may also, at our discretion, suspend or terminate your access to online store at any time for any reason.

PLACING AN ORDER FOR YOUR GROCERIES

Minimum order value

The total estimated value of your order shown on the “check-out” page must be at least $10 before your order for Groceries will be accepted.

Order cut-off times

Orders for Delivery must be placed before cut-off times which is Thursday 4.00 pm for following week delivery. Order Cut-Off Times may change from time to time as determined by us. We will do what we reasonably can to ship your order in fast and reliable manner.

Estimated order value and final order value

The order total shown in your “trolley” before you place your order is an estimated total only. Your order confirmation email that we send you will also note your total estimate order value. The final order value is the actual price you will pay for your Groceries (plus courier/freight charge) and may change from the estimated order value for the following reasons:

• Variable weight items – if you have ordered Grocery items that need to be weighed (such as produce, meat and deli items ) or are pre-packed items that are of variable weight, you will be charged for the actual weight of the item picked (at the unit price displayed on online store at the time you place your order). Our employee will do their best to ensure that the items you actually get and pay for weigh as close as possible to what you ordered.
• Specially requested items – we may provide you the option to make special requests for Grocery items. If you have ordered any “specially requested items”, the final value of your order may increase where we are able to supply you those items, as the price for any “specially requested items” are only added to your order total once we confirm they are available and our employee pick those items for you.

The final value for variable weight items will be calculated using the unit price listed on @food CULTURE online store at the time of your order (or updated), but using the weight of the item when those items are picked by our employee.

The final value for substitutions and specially requested items will be calculated based on the price of those Grocery items when they are picked by our employee.

For all other Groceries, your final order value will be calculated based on the prices of those Groceries listed on @food CULTURE online store at the time of your order (or updated order).

Where the final order value of your order is different from your estimated order value, this will be displayed in your final invoice for your Groceries. This final invoice will be provided to you in hard copy with your Groceries when they are delivered, or emailed to you..

Prior Payment

Orders must be paid for by credit or debit card only (Visa or Mastercard), online bank transfers or direct debit.
@food Culture does not store complete or usable credit or debit card information.

Your credit or debit card will have a nominal amount (currently $10) held from the time you place your order to ensure your card is valid. This nominal amount will be reversed within 7 days of placing your order (it will not be taken off the payment for your order).
Payment for your order will be processed on the date  the order is placed.. You must ensure you have sufficient funds available on your credit or debit card to pay for the order on this date. If you have insufficient funds on that date then your order will not be processed or provided. We will contact you to let you know that your order has been cancelled.

You agree to indemnify (i.e. compensate) us against any loss or damage that we incur arising out of any default by your credit or debit card provider to make payment to us in full and where for whatever reason the Groceries are made available to you or otherwise delivered.

Currency/GST

All prices set out in these terms and conditions and/or displayed at @food CULTURE online store are in New Zealand Dollars (NZD) and include GST.

Email Confirmation of order

Once you have successfully submitted your order we will send you an order confirmation to the email address you have provided to us. Please check your spam or junk folders in case our email has been directed there. To avoid this, we recommend that you add our email address (store@atfoodculture.co.nz) to your contacts list.

Please review your confirmation email when it comes through to check that everything is correct. If something does not look right, then please contact us on 09 5760977,

Grocery item availability and substitutions 

We will do all that we reasonably can to supply the Grocery items you’ve ordered, but in some cases Grocery items may be unavailable or out of stock. All Grocery items, including specials, are subject to availability. Our goal is never to be out of stock, but in case we are, before you check-out we will ask you if you would like to allow us to substitute similar items for items in your order that are not available.

Maximum number of items

We reserve the right to limit the number of each item we will supply in any transaction. You must not purchase items through @food CULTURE online store for the purposes of resale. If we suspect that you are doing so, we may suspend or terminate your access to online store or we may refuse to fulfil any order you place through @food Culture.

If what you order is not what you have received

Our employees will do their best to pack your order in accordance with what is received. If you notice that you have been charged for a Grocery item you did not receive or have been supplied a Grocery item in error, then please contact our us on 09 5760977 or 027 2008843 so that we can address the issue.

Changing or cancelling your order

You can change or cancel your order through online store up until the end of business day the order has been placed on or by calling us on 09 5760977, 027 2008843 (what’s app available)

Please note that if we allow you to change your order, all of the prices that apply to that order of Groceries will be updated to the prices listed on @food CULTURE online store for those Groceries at the time that you submit the change to your order. This means you may lose the benefit of any promotional pricing which applied when you first submitted your order. Please note any multi-buy promotional pricing available at the time you place your order or submitted the change to your order may not be available.If you successfully change your order we will send you an updated order confirmation email, which will have a new estimated order value based on prices listed on @food Culture online store when you made the change.

Returns

Unused and unopened non-perishable Grocery items may be returned to Our physical store @food CULTURE, 3/44 Fortunes Road, Half Moon Bay, Auckland 2012, for a refund or exchange with proof of purchase, at your own expense. Unfortunately, due to food safety and hygiene requirements and  dangerous goods act you cannot return any ,perishable, intimate products, aerosol, hazardous material, flame able liquid, gases or similar items including Gift Cards purchased through @food CULTURE online store are non-returnable.

DELIVERY OF YOUR GROCERIES

Delivery to your nominated address

We can courier your order to any nominated physical address( not a postal address) within New Zealand. Special rate apply for rural delivery. @food Culture will not be liable if courier company are unable to deliver your order due to incorrect or postal addresses you provided to us.

PICK-UP/COLLECT OPTION

Instead of having your Groceries couriered, you can order online and collect your Groceries from Our Store under “Collect” Option. The collect option has to be pre-paid and can be collected once proof of purchase is furnished.

Order have to be place 48 hours before pick up and can be collected from our physical store located at 3/44 Fortunes Road, Half Moon Bay, Auckland 2014 between 11.00 am to 8.00 pm Monday to Sunday.

.AGE-RESTRICTED GROCERY ITEMS

Purchase of alcohol 

It is illegal for us to sell or supply alcohol to anyone under the age of 18 years. It is also illegal for you to purchase alcohol if you are under the age of 18, even if you’re buying it as a gift for someone else. By ordering alcohol through @food CULTURE Online store you are representing that you are 18 years of age or over and that anyone collecting your Groceries order (via Collect or Delivery) is also 18 years of age or over. It is our policy to require proof of age if you, or anyone collecting your Groceries for or with you (whether via Delivery or Collect), looks under the age of 25 years. Acceptable forms of identification are:

• 18+ HANZ card;
• New Zealand driver’s licence; or
• current passport.

Delivery

Due to liquor laws, if your order contains alcohol we will not leave your order at the delivery address unattended. If you are not at the delivery address, they will be returned to Our Store. Please refer to the “If you are not there when we deliver” please arrange the collection of your Groceries..

Online pricing and promotions

While we endeavour for prices shown on @food CULTURE online store to match prices in Our Store, they may not always be the same. Prices shown on @food CULTURE online store are updated regularly so we recommend you check the price of everything in your “trolley” before completing your order in case any prices have changed while you have been selecting your Groceries. The price for each item shown in your “trolley” is the actual price you will be charged for your Groceries and not the price that you may have seen while selecting your Groceries.

Promotions or competitions

Promotions or competitions may apply to Grocery items purchased online as determined by us from time to time. Any promotions or competitions run on @food Culture online store are subject to these terms and conditions as well as applicable terms and conditions that apply specifically to that promotion or competition.

Gift Cards/Vouchers

@food Culture Gift Cards/vouchers cannot be used for purchases or otherwise redeemed through online store.

GENERAL LIABILITY

To the maximum extent permitted by law, we will not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any use of online store and Groceries supplied through @food CULTURE online store. While we endeavour to keep information on website up to date, we cannot and do not guarantee the accuracy and completeness of this information.

Information displayed on @food CULTURE online store 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 online store have been provided by our suppliers and are not our responsibility. Please also be aware of any exclusions or limitations on our liability set out in the Privacy Policy.

Title and risk

Groceries ordered through @food CULTURE online store are at our risk until uplifted by courier company or collected from Our Store under the Collect service. Once couriered or collected from Our Store, title and risk in the Groceries passes from us to you.

INTELLECTUAL PROPERTY

All right, title and interest in all intellectual property rights in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and shall at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible on the Site, and is protected by New Zealand and international law. Nothing in these Terms shall constitute any licence of intellectual property rights to you.

We @food CULTURE either own or are authorised to use the intellectual property in everything that you hear, read, download or access on or via @food CULTURE online store (including messages, data files, software, images, photographs and other materials). You are not permitted to do anything which infringes these intellectual property rights (such as copying, modifying or reposting content) unless you have written consent from management.

ACCESSING AND USING @food CULTURE ONLINE PORTAL

We grant you a non-exclusive, non-transferable, revocable right to access and use @food CULTURE online store solely for your use and on a device that you own and/or control, all on the terms and conditions set out in these terms and conditions.

Restrictions to use of @food CULTURE online Store

You will not attempt to: copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any portion of @food CULTURE in any form or media or by any means

GENERAL T n C’s

Variation of terms and conditions

@food CULTURE we reserve right to variate these terms and conditions at any time, without notice to you by updating them on website. The revised terms will take effect when they are posted and your continued use of @food CULTURE online store means you agree to the revised terms..

Governing law

New Zealand law governs the use of the Site and these T n C’s. Any legal action against us must be taken in a New Zealand court of law

Links to and from other 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 us. We do not monitor the content of any other websites and are not liable or responsible in relation to any content on them. For the purposes of this section a “third party website” is any website other than @food Culture.

You agree that you will not create a hyperlink to this Site without our express written permission. If you do create a hyperlink to this Site, you are responsible for all losses that we may suffer as a result of that link, whether direct or indirect. Linking to this Site is at your own risk.