Terms & Conditions
Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Food Products from this Website. We reserve the right to unilaterally amend these Terms and Conditions at any time by posting the amended terms on this Website, without notice to you. Please check back periodically for updates and additions. By ordering any Food Products through phone, our mobile application or website, you agree to be bound by these Terms and Conditions, as amended from time to time. Where applicable, these Terms and Conditions form part of the contract.
Definitions
1.1 “Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you.
1.2 “Event of Force Majeure” means any war, civil disorder, act of government, fire, earthquake, act of God or other factor beyond the reasonable control of either party.
1.3 “Food Products” is a reference to any food products which we may offer for sale through our Website from time to time;
1.4 “Privacy Policy” means the policy displayed on our website which details how we collect and store your personal data;
1.5 “User” means a person who registers with the Website, who is bound by these Terms and Conditions.
1.6 “You”, “your” and “yours” are references to you the person accessing this Website and ordering any Food Products from the Website;
The Services
2.1.1 We provided, as a service, an online platform for customers to place orders for the Food Products for the price listed on the Website
User Confirmations
3.1 By using the Website and/or the Services, you confirm that:
(a) All registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information.
(b) You are above the age of 13 and, if you are under the age of 18, have received the permission of your parents or legal guardian to use the Website and the Services; and
(c) Your use of the Website and Services does not violate any applicable law.
3.2 We reserve the right to cancel the User registration of and/or refuse orders of Food Products to anyone who does not comply with the above confirmations, or who otherwise breaches these Terms and Conditions.
Ordering
4.1 To make an order through the Website you must either register as a User or enter your contact details in the form fields provided when you place an order. To register as a User, you must complete the registration form on the Website.
4.2 You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
4.3 If you register as a User, you will also be required to provide a password upon registration. You warrant that you will keep this password secure and not provide it to a third party.
4.4 We reserve the right to not accept your registration or terminate your registration as a User at any time.
4.5 You must notify us of any change to your registration details.
4.6 Should you no longer wish to be a User, you may close your account by contacting us at info@cafeeminem.co.nz
4.7 Food Products purchased from this Website are intended for your use only and you warrant that any Food Products purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
4.8 At present, the Services are only available to customers in certain regions of New Zealand as displayed on the Website.
4.9 You may specify a suitable pick up time when your place an order through the Website.
4.10 Any order that you place with us is subject to product availability and acceptance by us. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we will be able to fill your order. Once we have sent the confirmation email, we will check availability and capacity.
4.11 If the ordered Food Products and delivery capacity is available, the Participating Restaurant will accept the order.
4.12 The confirmation message will specify details, including the approximate pick up time, and confirm the total price of the and the Food Products ordered.
4.13 If none of the Food Products you have ordered are available or, if you had specified a pick up time we cannot do, we will also endeavour to let you know by e-mail or phone call.
Prices and Payment
5.1 The price for each Food Product on the Website is located next to the item. You acknowledge that the price may change at any time. All prices on our Website online food ordering form are in New Zealand dollars and inclusive of GST.
5.2 The total price for the Food Products ordered and Delivery Charge(s) (“Total Price”), will be displayed on the Website when you place your order. You must pay the Total Price before your order is delivered. Failure to pay will result in the cancellation of your order.
5.3 When you place an order through the Website, you will be given a choice of payment via Stripe. Processing of payments is subject to the additional terms of Stripe as the case may be.
5.4 By making a purchase through Stripe payment gateway, clients authorise Stripe to charge the account specified for the Total Price. Stripe may contact clients in respect of payments made or attempted to be made via their gateway.
5.5 In some circumstances, such as where the Website is unable to process payments, we may allow payment by other means such as cash or credit card payment over the phone, at its discretion. If you are unable to pay for your order via the Website, please contact us to discuss your options.
5.7 All sums paid by you under these Terms and Conditions shall be made in full without deduction or setoff.
5.8 You acknowledge that the prices of Food Products, and any other charges set out on our Website may change at any time.
Refunds and Cancellations
7.1 Cancellation policy: By completing and paying for your order you’re permitting us to begin preparation of your order. Once you have received confirmation of your order the restaurant has begun their preparation of your Meal(s) – from that point we cannot cancel any order. Please check your final order before confirming your purchase
7.2 Refund policy: If for any reason you are not completely satisfied with the service you receive please contact us at info@cafeeminem.co.nz.
7.3 All refunds are completely at our discretion.
Information
8.1 Where we have requested information from you to provide Food Products or Services you agree to provide us with accurate and complete information.
8.3 You must not collect or harvest any personally identifiable information from this Website, use communication systems provided by the Website for any commercial solicitation purposes, solicit for any reason whatsoever any Users of the Website with respect to their submissions to the Website, publish or distribute any vouchers or codes in connection with the Website, or scrape or hack the Website.
Intellectual Property
11.1 You may use information on the website only for your personal, non-commercial informational purpose. No content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium (including hard copy) for publication or distribution or for any commercial enterprise, without prior written consent.