Terms & Conditions
Terms and Conditions
This page sets out the terms and conditions on which Future Foody NZ Ltd will deliver to you, baby food ordered from www.futurefoody.co.nz. Please read these Terms carefully before subscribing to Future Foody’s services. By ordering any of Future Foody’s products or by subscribing to one of our services you agree to be bound by these terms.
You agree to be subject to the terms in force from time to time. Future Foody NZ will notify you by email of any significant changes to these terms via email. Subscribing to Future Foody services will be deemed as acceptance of these terms.
- Please check that the contact information you provide is correct before creating a customer account or proceeding to payment.
- You are responsible for maintaining your own username and password, which are required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
- As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
- We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
- We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
- We reserve the right to alter all products pricing without notice.
- Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
Care with feeding infants
- Future Foody recommends that you seek approval from your GP before starting your baby on solids, especially if you have a history of family or food based allergies. Our age recommendations are only a guideline and it is up to you to determine when your baby is ready for solid food.
- If you are concerned about your baby having an allergic reaction please refrain from eating Future Foody products and seek medical advice.
- The information provided by Future Foody is not medical advice nor a substitute for medical treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on our website or other publications, including social media. This includes any advice Future Foody provides to you by email, over the telephone or in person.
- Future Foody is not liable for any illness or medical reaction caused by contact with or consumption of Future Foody food. Future Foody may not be able to accommodate customers with specialist dietary needs or conditions and, in particular, Future Foody are unable to deliver to those who have allergies that could result in illness or anaphylactic shock.
- Please follow all instructions with storage of Future Foody products. Care must be taken to refrigerate products, avoid cross contamination in the kitchen and use products by their used by date. These actions are the responsibility of the customer. All our products are provided fresh and if you freeze any products we cannot guarantee the quality is maintained.
- You will be required to create an account on our website before subscribing to any services, your username and password will be created by you. You are responsible for all actions taken under your chosen username and password.
- By creating an account on our website you warrant:
- that all the details you provide are true, accurate, current and complete in all respects;
- to notify us immediately of any changes to your account information;
- to only create one (1) account and to only use the site using your own username and password;
- not to disclose your password to anyone and to make every effort to keep your password safe;
- to change your password immediately upon discovering that your account has been compromised; and
- to notify us if you suspect someone has accessed your account without permission.
- Future Foody NZ reserve the right to terminate your account and to suspend or terminate your access to the site immediately and without notice to you if:
- you breach these Terms;
- you are impersonating any other person or entity;
- when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or
- Future Foody suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation to the site.
- After registering to the services on the site, you will receive an e-mail acknowledging that Future Foody has received your order. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and Future Foody will confirm such acceptance to you by sending you an e-mail confirmation.
- The contract between us will only be formed after Future Foody have debited your payment card and confirmed receipt of your order by email. Any products which Future Foody has not confirmed in the email will not form part of the contract and any suitable arrangements for a refund will be made at Future Foody’s discretion.
- Future Foody reserves the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
- Unless otherwise indicated during the order process, payment can be made by any credit or debit card or through an electronic payment account as identified on the order form. Future Foody reserve the right to include additional charges where certain cards are used, such as (but not limited to) American Express or other international credit cards.
- Should a payment to Future Foody be requested to be returned by your bank, Future Foody reserves the right to charge you a fee for the returned payment.
- When you pay for your order by card, Future Foody carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carrying out these checks.
Risk and title
- The food will be at your risk from the time of delivery.
- Ownership of the food will pass to you upon delivery after Future Foody has received full payment of all sums due in respect of the food.
- Neither Future Foody nor the delivery company shall be deemed responsible for any theft of the food from the delivery address.
- Future Foody expressly disclaims all liability which may arise by virtue of the food being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.
- The price of the food and Future Foody delivery charges will be as quoted on the site from time to time.
- Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.
- Future Foody reserve the right to increase the price of the food to reflect any increase in the cost to us due to any factor beyond Future Foody’s control (such as, and without limitation, the cost of transporting the food to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture).
- Future Foody warrants that any food purchased from us through our website will, on delivery; conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which food of that kind is commonly supplied.
- You warrant that any and all of the food ordered by you is for your personal use only and not for resale.
- Future Foody NZ Ltd will not accept liability for any loss or damage that is not foreseeable.
- Nothing in this agreement excludes or limits Future Foody NZ Ltd’s liability for:
- death or personal injury resulting from negligence;
- fraud or fraudulent misrepresentation;
- Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- Defective Food under the Consumer Protection Act 1987; or
- for any other matter in respect of which liability cannot by applicable law be limited or excluded.
- Future Foody attempts to identify ingredients that may cause allergic reactions for those with food allergies.However, there is always a risk of contamination. Customers concerned with food allergies need to be aware of this risk
- Future Foody make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs.
- Future Foody cannot guarantee and cannot be responsible for the security or privacy of the site and any information provided by you. In particular,
- Future Foody will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the site or you downloading any material posted or sold on the site or from any website linked to it.
- You agree to fully indemnify, defend and hold us, and Future Foody’s officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of the site.
- This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
These terms & conditions shall be interpreted, construed and enforced in accordance with New Zealand law and shall be subject to the exclusive jurisdiction of the New Zealand Courts.
Our contact details are as follows:
33 Teal Crescent, Beach Haven, Auckland