Terms and Conditions

Index

1. Introduction and Application
2. Specific terms relating to Purchases
3. Specific terms relating to use of website and on-line Accounts
4. General Terms
5. Definitions

1. Introduction and Application
   • These terms and conditions (“Terms”) apply to your access to and use of our website guytons.co.nz (the “Site”) and to all orders of Product through the Website.
   • By using the Site or by placing any order for the delivery of Product through the Site you represent that you have read, understood and accepted these Terms, our Privacy Policy and our Refunds and Returns Policy, and agree to be bound by them.
   • From time to time we may vary these Terms. If we do so, we will provide at least one week’s prior notice of the change by publishing our updated Terms on the Site. We may also use other methods to bring the changes to your attention such as contacting you directly. Your continued use of the Site after the Terms have been changed, will be deemed your acceptance of those changes.
   • If you have a subscription (repeat) order in place and the Product price will be increased as a result of a variation you will be notified and be given the opportunity to cancel your Order as it relates to Product to be despatched in the future.
   • If you need to contact us other than through your account you may do so by emailing us at sales@guytons.co.nz or phoning us on 0800 489 866.

2. Specific Terms relating to Purchases

2.1       Binding Orders: Your entry of an Order on-line, acceptance of that Order by us and payment of the same by you comprises a contract between us for the supply of the Product/s ordered subject to these Terms.

2.2       Weight: As it is not always practical to supply an exact weight of some Products (providing the exact ordered weight of a particular product (e.g. 2kg of fresh fillets) might require including a piece of fillet likely to be of insufficient size to be practically useful to you or to create unreasonable wastage for us) Ordering and supply of Products sold by weight are subject to the following rules:

2.2.1     We may supply more in weight of the Product than was ordered but at no extra cost to you;

2.2.2     We may supply less than the ordered weight of the Product where we consider a reduction necessary to avoid including a piece of Product of insufficient size to be practically useful or avoid creating unreasonable wastage however if we reduce the weight  we will refund you an amount equal to the value of the reduction in weight (e.g. if you order 1kg of fillets at $35.90 and we supply 950gms of fillets we will refund you $1.80).

2.3       Product Availability: We will make reasonable efforts to fulfil Orders placed through the Site, however if we are unable to supply a Product or can only supply a reduced amount of a Product for any reason whatsoever we will provide you with written notice as soon as reasonably practicable via email.

2.4       Where a Product cannot be supplied or a reduced quantity of a Product is to be supplied (other than as per Clause 2.2.):

2.4.1     we will not ship your Order until the day following our email to you notifying the non-availability or reduced availability unless you contact us earlier confirming that you wish to proceed;

2.4.2     you may contact us by email at admin@guytons.co.nz at any time up to 9.00am on the day immediately following our email to you notifying the non-availability or reduced availability (unless that day is a Sunday or Public Holiday in which case you may contact us at any time up to 9.00am on the day immediately thereafter) and cancel your Order. If you cancel your Order pursuant to this clause, the amount paid by you for the Order shall be refunded by us to you;

2.4.3     if you do not contact us as and within the time required by clause 2.4.2 you will be deemed to have amended your Order by deleting the requested supply of the non- available Product or by reducing the amount of that Product you wish supplied, as appropriate and:

2.4.1     the balance of the Order shall be despatched to you;

2.4.2     we shall refund you the amount paid by you for the Product that was removed from the Order.

Price and payment

2.5       The prices for Products are as listed on the Site and are shown in NZ Dollars and inclusive of GST.

2.6       Freight is charged as an addition to the price. Freight charges are as listed on the Site and are shown in NZ Dollars and inclusive of GST.

2.7         Changes made to prices on-line shall not affect Orders that have already been placed and paid for other than a set out in clause 1.4.

2.8         Payment for Orders must be made when placed and if payment is declined by your financial institution for any reason then no Order shall be deemed to have been made and neither you nor us will have any liability to the other in respect of such failed transaction.

2.8       Refunds – All refunds will be paid by credit to the card or bank account used by you to pay for the relevant Order and details of the refund will be included in the invoice delivered with the Order (where an Order has proceeded) or will be emailed to you in circumstances where an Order is cancelled completely.

Deliveries

2.9         Shop truck and Courier services used for deliveries are same day services within the Nelson and Marlborough urban regions and a 2 day service in rural areas and elsewhere in New Zealand.

2.10      When you place an Order unless you have specified a later delivery time (you may select the date for delivery provided you provide at least two full day’s notice of the same) then the order will be packed and despatched that day or the next business day Monday to Saturday.

2.11       All fresh fish is packed in paper envelopes (plastic free) and all Orders are delivered in one or more Poly Bins with ice packs to keep product chilled.

2.12      Deliveries will, subject to these Terms, be made to the address stated in your account or as agreed by us in writing.

2.13      Delivery Instructions must be reasonable in relation to the scope of these deliveries. If there is no person to accept delivery of the Order, the Order will be left at the front door, or as instructed by you in your order, and will be deemed to have been delivered at that point in time.

2.14      We will be entitled to assume that any person accepting delivery of the Products at the delivery address is authorised to accept delivery.

2.15      Delivery may be delayed from time to time. Guytons will aim to deliver by our target delivery times, but we will not be liable for failure to deliver within these times unless as a result of the delay any Product forming part of the Order exceeds its use by date; in which case upon notification you will be entitled to a refund (or replacement) in respect of that Product in accordance with our Refunds and Returns Policy but we will have no other liability to you.

2.16      Guytons may delay dispatch of orders due to stock availability and you will be notified by email as soon as reasonably practicable if this will affect our target delivery times, or if we think that the delivery of your order is likely to be delayed substantially. If such a delay may affect your need for the Products you can cancel the Order pursuant to clauses 2.18 or 2.19 below.

Cancellation

2.17      The following rights are exclusive of other rights of cancellation expressly stated elsewhere within these Terms and or our Refunds and Returns Policy.

2.18      You may reduce or cancel an Order up to the point in time that we have commenced packing the Order by emailing us at admin@guytons.co.nz or phoning us on 0800 489 866 and receiving an acknowledgement of cancellation by us. Upon such a reduction or cancellation we will refund the money paid by you for the Order or the Product removed from the Order as appropriate  but shall be entitled to deduct an amount to cover any bank fees we will incur.

2.19      If we receive a request to cancel an order after we have commenced packing the Order whether we will accept the cancellation is at our discretion. If we accept the cancellation we will refund the money paid by you for the Order but shall be entitled to deduct an amount to cover any bank fees we will incur and an amount we assess as reasonably required to reimburse us for the costs and losses we may suffer as a result of the cancellation.

2.20      You may not cancel an Order once it has been despatched unless expressly otherwise allowed to do so according to these Terms.

2.21      We may cancel an Order at any time, without any liability to you other than to refund any moneys you have paid for the Order, which  we will do if  cancelled pursuant to this clause, if:

2.21.1 the Products in that Order are not available; or

2.21.2   there is an error in the price or description of a Product you have ordered on the Site; or

2.21.3 we reasonably believe that we will be unable to fulfil the Order within a reasonable timeframe for any other reason; or

2.21.4   your delivery instructions are considered unreasonable; or

• we reasonably believe the Order has been placed in breach of these Terms.

• In the event of a cancellation by us we will email you notice of cancellation as soon as reasonably practicable.

2.23     Ownership and risk: Ownership, responsibility and risk in the Products shall pass to you on delivery or deemed delivery to you at the delivery address and until that time remains with us.

2.24      Returns and Refunds

Otherwise than expressly stated elsewhere within these Terms, the right to a refund or replacement is governed by our Returns and Refunds Policy, and in the case of retail sales for Consumer use, as defined in the Consumers Guarantees Act 1993, by that Act.

3. Specific terms relating to use of website and on-line Accounts

Site content

3.1       Guytons shall use reasonable endeavours to prevent unauthorised additions on the Site and to ensure that it is free of viruses or other harmful components. However, the nature of the internet is such that Guytons cannot and does not warrant that the Site or the server that makes it available to you for use will be free of  viruses or other harmful components and Guytons is not  liable for any direct or indirect damage or loss whatsoever suffered by you or any person claiming through you if any third party inserts unauthorised content on the Site or you receive viruses or harmful components as a result of accessing and or using the Site.

3.2       While we will use reasonable endeavours to ensure that the information we have provided on the Site is accurate, if an unauthorised and or malicious alteration is made to information on the Site we shall not be liable for or be bound by such information (e.g. a web attack changes prices) provided however that if you have placed an Order based on false information you will have the option of cancelling the Order once you are advised of the correct information that applies.

3.3       We reserve the right to make changes to the information provided on the Site at any time and without notice except that changes to prices shall not affect existing orders other than as set out in clause 1.4.

Registration of Account

3.4       Guytons has the discretion to refuse the registration of a potential Customer to the Site or to cancel a Customer’s Account at any time for any reason whatsoever. Cancellation of an Account shall not affect the rights and obligations of you or us arising prior to cancellation.

3.5       You certify that the information providing when registering for an Account is true and correct and agree to notify us immediately if there is any change to the Account information you have provided.

3.6       You agree to keep your Account and log on details safe and confidential at all times and acknowledge and agree that we shall be entitled to and shall act on the basis that all information entered through your Account has been entered by you or at your direction and with your authority.

Use of the Site

3.7       You acknowledge that we may use cookies on our site. Cookies are small text files that are placed in your browser by the websites you visit. They are used to help users navigate websites efficiently, to perform certain functions on the sites, and/or to provide site owners with information on how their sites are used (e.g. where you are logged in, to allow you to remain logged in). Whilst most web browsers will allow you to change your cookies settings (e.g. deleting or disabling them from your browser), doing so may mean parts of our website may not function.

3.8       You agree to only use the Site for purposes relating to the purchase or potential purchase of our Products and accessing information relevant to that and in particular agree that you shall not:

3.8.1     modify, alter or add any information onto the Site (excluding in respect of your own personal information associated with your Account);

3.8.2     interfere with or damage the Site, including, without limitation, by way of a virus, corrupted file, hyperlink or any other software or program, or otherwise;

3.8.3     other than for your own personal use, copy, reproduce or distribute the information on the Site without our prior written permission.

3.9       We have the right to suspend your use of or block your access to the Site if we believe that you may have breached these Terms.

Intellectual property rights

3.10     All right, title and interest in all intellectual property rights in all design work, written photographic and graphic material and other material and systems relating to the Site and its contents is and shall at all times remain the exclusive property of Guytons (or, as applicable, the providers of such material and or systems to Guytons for use on the Site). Your rights to access and use the Site is granted solely for your personal use.

4. General Terms

4.1       Privacy: Privacy of your personal information is governed by the Privacy Act 1993 and our Privacy Policy.

4.2       Force Majeure:

4.2.1     Subject to clause 4.2.2, Guytons shall not be obliged to supply and may cancel an Order and thereafter shall have no liability to you in respect of its failure to supply the Order if we are prevented from performing any of our obligations under these Terms as a result of a force majeure event (which shall include accident, storm, act of God, natural disaster, fire, epidemic, strikes, labour disputes, shortage of labour, any law, order, proclamation, regulation, demand or requirement of any government or local government agency, strikes, labour disputes, shortage of labour, shortage or unavailability of Products, delay in transit by third parties, electricity mechanical or communications failures, or any other causes whatsoever beyond our reasonable control);

4.2.2.    Where you have paid for an Order and Guytons cancels the same as a result of a force majeure event it shall refund you the amount paid by you for the Order.

4.3       Warranties: Other than as expressly stated herein or implied or imposed by law under the Contract and Commercial Law Act 2017 (“CCA”), the Consumer Guarantees Act 1993 (“CGA”) or Fair Trading Act 1986 (“FTA”) or other applicable legislation, Guytons makes no warranties either express or implied as to the Site (including information presented on it and its operation) or products available for sale that are included on the Site.

4.4       Liabilities

4.4.1    All food products sold by us are processed, prepared and despatched in accordance with all New Zealand applicable health and hygiene regulations and are sold as fit for human consumption unless expressly stated otherwise on the packaging.

4.4.2    You acknowledge however that people may have allergy, health or other medical conditions that affect the suitability of certain foods for them and that we are not responsible where such conditions make any Products sold by us unsuitable for a particular consumer or cause an adverse reaction on the consumption of such Product.

4.4.3    You are responsible for using all necessary skill and care in handling, storing and using the Products including use within the Product’s use by date.

4.4.4    Product Liability: Subject to your statutory rights including under the CCA, CGA and FTA, we shall not be liable to you or any person claiming through you whether in contract, tort or otherwise for any loss, damage or injury arising indirectly from any defect in, or non-compliance of a Product, delay in delivery or any other breach of under these Terms and to the fullest extent otherwise permitted at law all liability on us is excluded including any liability for indirect, consequential, punitive or special damage or loss of any kind whatsoever. To the extent that we have liability in respect of the sale of any Product that liability shall be limited to the price paid by you for that Product.

4.4.5      Site liability:  To the greatest extent permitted by law, we shall not be liable to you or any person claiming through you whether in contract, tort or otherwise for any direct, indirect, consequential, punitive or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Site and you agree to indemnify us against all liabilities, losses, claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of your use of the Site, or any breach of these Terms.

4.5       No waiver: Failure on the part of Guytons to enforce any of these Terms shall not be construed as a waiver or as a waiver of Guytons’ right to enforce these Terms at a later date.

4.6       Illegality: Nothing in this agreement is intended to take away rights afforded to you by New Zealand Statute or Regulation that are unable to be contracted out of (“Inalienable Rights”) and you agree that:

4.6.1     Any provision of these Terms, which, if given effect, would remove or detrimentally alter (to you) an Inalienable Right shall be deemed to read as if such removal or alteration did not apply but will otherwise be given full effect;

4.6.2     Where any Court or other competent body (including an Arbitral Tribunal) determines that a clause within these Terms is invalid and or unenforceable then the parties agree that such Court or body should determine the amendment or deletion required to the clause (to the minimum extent necessary) to allow it to have its objectively determined effect and such clause shall be deemed to have been so altered or deleted from inception but these Terms shall otherwise remain in full force and effect.

5. Definitions

• Definitions- Capitalised terms not otherwise defined in these Terms have the meanings set out below:

“Account” means your on-line account with Guytons by which you log on and can place orders and otherwise provide ands exchange information with us.

“Customer”, “you” and “your” means you and any other person who registers and or places an Order under your Account. and, as the context requires, includes any person browsing the Site who is not registered to use Online Shopping

“Guytons”, “us” “we” and “our” means Guyton Fisheries Limited and Talleys Frozen Foods Ltd, trading as Guytons Fresh Seafood, and includes their related companies, directors, officers, employees or agents, as the context requires.

“Order” means any order for a Product or Products submitted using the Site

“Products” means the products we sell online and, as the context requires the specific products that you have included in an Order that you have placed.

“Log on” means signing in to the Site, by providing the required sign in information.