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1.0 Terms

1.1 These terms apply when you access and use our Website as a customer.

1.2 By registering for an Account or placing an order with us, you accept these terms. If you do not accept these terms, you must not use our Website.

1.3 We reserve the right to make changes to these terms by uploading updated terms on our Website. You will be bound by the terms that are in effect at the time you access and/or use the Website.  Your continued use of our Website represents your agreement to be bound by the terms as amended.  If you do not agree with our amended terms, you must stop using our Website.

2.0 Definitions and Interpretation

2.1 In these terms:

Account means a customer account on our Website.

Goods means goods purchased by you from us on our Website.

Order means an order made by you using our Website for the purchase of Goods from us.

Price means the price for the Goods as shown on our Website, which is inclusive of GST.

Website means www.blueskybutchery.co.nz.

We, our or us means Blue Sky Meats (N.Z.) Limited (company number 315886).

You and your means you, the customer.

3.0 Account

3.1 You may choose to register for an Account on our Website when placing an Order.

3.2 When registering for an Account, you are required to provide us with the following information:

  • Name: Your name;
  • Address: Your physical address;
  • Email: Your email address; and
  • Mobile: Your mobile number.

3.3 You acknowledge that if there are any changes to the information provided by you when registering for an Account, those changes must be updated by you on our Website.

4.0 Orders, Price and Payment

4.1 You may order Goods by submitting an Order on our Website. We do not accept orders from or deliver to addresses outside New Zealand.

4.2 Your Order must provide the following:

  • Goods: The Goods you wish to purchase;
  • Name: Your name;
  • Address: Your physical address (for delivery);
  • Email: Your email address; and
  • Mobile: Your mobile number.

4.3 You acknowledge that if there are any changes to the information provided by you when registering for an Account, those changes must be updated by you on our Website.

4.4 We will take all reasonable care to ensure that the Price is correct, but if we discover that the listed Price is incorrect we may cancel your Order and refund the amount paid by you.

4.5 You must pay the Price in full, without deduction or setoff, at the time you place an Order.

4.6 You must pay the Price by credit card or debit card.

4.7 We will provide confirmation of your order, which acts as your proof of purchase, following successful payment for an Order. If we are unable to accept your order due to the Goods being out of stock or for any other reason, we will notify you and refund any payment made by you. 

4.8 Unless otherwise agreed, you may not purchase Products through the Website for the purpose of resale.

5.0 Delivery

5.1 We will endeavour to dispatch the Goods to the physical address supplied by you when placing an Order as soon as possible once your Order is completed.

5.2 If we provided you with an estimated delivery date, we will not be liable for any loss or damage suffered by you or any other person for any failure to deliver the Goods by that date.

5.3 Risk of any loss or damage to the Goods passes to you once the Goods have been delivered to the address supplied by you when placing an Order.

6.0 Quality

6.1 If, in your reasonable opinion, the quality of the Goods provided to you is not of an acceptable quality, or if the Goods provided to you are incorrect, you can notify us of your concerns by contacting us at webstore@bluesky.co.nz.

6.2 If you contact us in relation to the quality of the Goods supplied to you, you must explain why the Goods are not of acceptable quality. We will then investigate your concerns.

6.3 If, following our investigation, we agree that the Goods are not of acceptable quality and are not suitable for safe consumption, we will, at your option, re-supply the Goods or issue a refund. We may require you to return the Goods to us.

6.4 If the Goods provided to you are incorrect (based on the items listed on your proof of purchase), we will require you to return the Goods to us. We will, at our option, re-supply the correct Goods or issue a refund.

6.5 When returning Goods to us in accordance with clause 3 or 5.4, you must ensure that:

  • Address: The Goods are delivered to Blue Sky Meats (N.Z.) Limited, 729 Woodlands Morton Mains Road, RD 1, Invercargill 9876;
  • Packaging: The Goods remain in their original packaging;
  • Vacuum Seal: The vacuum seal which protects the Goods is not compromised; and
  • Refrigeration: The Goods have been kept in active refrigeration from your receipt of the Goods until they are returned.

6.6 You will be responsible for any delivery costs incurred by you when returning Goods to us in accordance with this clause 5.

6.7 This clause 5 will not apply in circumstances where you have placed an incorrect order or changed your mind. We do not offer refunds or replacements in those circumstances.

7.0 Liability

7.1 We are not bound by, and have no liability for, any error, omission or misdescription on our Website or any invoice or other document or statement we issue. The images of the Goods on our Website are for illustrative purposes only.  Your Goods may vary slightly from those images.

7.2 We will not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure has arisen as the result of any event or circumstance beyond our reasonable control.

7.3 Nothing in these Terms limits any rights you have under the Consumer Guarantees Act 1993 to the extent they cannot be waiver or limited.

7.4 If you are obtaining Goods from us for business purposes, the Consumer Guarantees Act will not apply.

7.5 To the maximum extent permitted by law and subject to clause 3, all warranties, conditions, guarantees, representations and conditions in relation to the Goods, whether made expressly or implied by law, are expressly excluded.

7.6 To the maximum extent permitted by law and subject to clause 3:

  • our total liability to you in connection with the use of our Website for ordering Goods will be limited, at your option, to the re-supply of the Goods or a refund of any amount paid by you for the Goods; and
  • we will not be liable to you for any indirect or consequential losses or damages, loss of business or loss of profits.

7.7 The limitations in this clause 6 apply to liability of all kinds, whether in contract, tort (including negligence), equity or otherwise.

8.0 General Provisions

8.1 These terms constitute the entire agreement and understanding of you and us relating to the matters dealt with in these terms and supersedes and extinguishes any previous agreement, discussions, negotiations, promise, assurance, warranty and representation (whether oral or written) between you and us in relation to such matters. Nothing in this clause 7 operates to limit or exclude any liability for fraud.

8.2 If any of these terms are not enforceable for any reason, that part of the terms will be deleted and the rest of these terms will apply.

8.3 We will not be deemed to have waived any right under these terms unless the waiver is in writing and signed by us. A failure to exercise or delay in exercising any right by us under these terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these terms.

8.4 These terms, and any claims arising out of or in connection with it or its subject matter or formation (including non-contractual claims), will be governed by and construed in accordance with the laws of New Zealand and you and we irrevocably submit to the exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these terms or its subject matter or formation or the relationships established by it (including non-contractual claims).

 

Website Terms and Conditions

1.0 Applications

1.1 Blue Sky Meats (N.Z.) Limited (Blue Sky Meats, we, us or our) operates a website that enables customers to order goods online.

1.2 These terms and conditions (Terms) apply to any use of our website, whether as a guest or as a registered user. Use of our website includes accessing, browsing, or registering to use our website.

1.3 By using our website, you confirm that you accept these Terms and agree to comply with them.

2.0 Your Account and Password

2.1 If you are a registered user of our website you are responsible for keeping your password secret and secure.

2.2 You must not disclose your password or allow any other person to use your login information to access our website.

3.0 Feedback

3.1 We allow users of our services to provide feedback on our website about their interactions with other users.

3.2 Any feedback you provide must be accurate and must not contain offensive, defamatory or inappropriate language or content. We may remove any such content in our sole discretion.

4.0 Emails

4.1 You agree that we may send you emails relating to your registration on our website, transactions you undertake through our website and for promoting our services.

5.0 Third Party Websites and Hyperlinking

5.1 Our website may contain links to other websites. These links are provided for your information only and you acknowledge that we have no control over the content of those websites.

5.2 You may not link your website to our website without our prior written consent.

6.0 Intellectual Property

6.1 We own all intellectual property rights in our website (except content uploaded directly by users of our website). You must not use or distribute our intellectual property without our prior written consent.

6.2 You grant us a perpetual, irrevocable, royalty free licence to use any content you upload to our website including for promotion of our services and to make available to other users of our website.

7.0 Disclaimer

7.1 We do not warrant that:

  • Any information provided on our website is free from errors or reliable;
  • Our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis.  We may suspend, withdraw, discontinue or change all or any part of our website without notice;
  • Our website will be secure or free from bugs or viruses.

8.0 Liability

8.1 We will not be liable:

  • If our website is unavailable at any time;
  • For any corruption of data or information held by us;
  • To the fullest extent permitted by law for any loss (including, without limitation, consequential loss, loss of profits or loss of data), damage, cost or expense of any kind suffered or incurred in connection with your use of our website.

9.0 User's Suspension of Registration

9.1 You may suspend your account and remove your profile from being viewed by others on our website at any time provided you have no current orders. However, you acknowledge that we may retain your profile information for our records.

10.0 Termination of Registration

10.1 We reserve the right in our sole discretion to decline to register you as a user of our website or terminate your registration. Without limiting that right, we may terminate your registration if we receive any complaints about you, you breach our terms and conditions or you create an account using false information.

11.0 Miscellaneous

11.1 You acknowledge that we may collect, use and disclose personal information about you in accordance with our privacy policy.

11.2 We may vary these Terms from time to time. We will provide notice of the change by uploading the updated Terms on our website and we will also email you a copy of the updated Terms (if you have provided us with your email address).  After providing that notice you will be deemed to have accepted those updated Terms if you continue to use our website or the services provided by us.

11.3 If any provision in these Terms is held to be invalid, illegal or unenforceable, this will not affect any other provision in these Terms.

11.4 The law of New Zealand applies to these Terms and the transactions contemplated by them. The New Zealand courts have jurisdiction in respect of these Terms and the transactions contemplated by them.

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