Lucy's Online Growers Market | Website Terms and Conditions

Website Terms and Conditions

These Terms and Conditions of Use (“the Website Terms”) are binding on all persons that access the website located at www.lucys.co.nz (“the Website”) without qualifications or exceptions. By entering the Website, the user of the Website (“the Customer”) agrees to be bound by and shall be deemed to have accepted the Website Terms, which the Customer acknowledges to have read and understood. If the Customer does not agree to any of the Website Terms, the Customer may not enter, view or make use of the Website.

Orders placed through the Website constitute legal offers to purchase and are capable of being accepted by Lucy’s Online Growers Market (“Lucy’s”) without further reference to you. Lucy’s may change the Website at any time by notifying you about the amendments on the Website.

Definitions

In these Website Terms:

Customer means all persons who purchase products under their Login, and includes any person browsing the Website who is not registered to use Lucy’s Online Growers Market;

Delivery Fee means the fee of $5 charged on orders that total less than $100.

Delivery Point means the delivery point specified by the Customer when ordering the Products and if no delivery point is specified, means the Customer’s front doorstep. If delivery is to the Customer’s place of work, the Delivery Point is the reception of the workplace unless otherwise specified. If delivery is to an apartment, the Delivery Point shall be the ground floor unless otherwise specified;

Login means a Customer’s personal username and password used to access the Website under that Customer’s registration;

Product means a product for sale on the Website;

Us, Our, We or Lucy’s means Lucy’s Online Growers Market;

Website means www.lucys.co.nz; and

Website Terms means these Website Terms and Conditions.

General

Use of the Website

Any Products supplied by Lucy’s to you will be supplied on these Website Terms only.

Your access to, and use of, Lucy’s is subject to the Website Terms. By using Lucy’s you agree that you have read, understood and accepted the Website Terms, and agree to be bound by them. Orders placed through Lucy’s constitute legally binding offers to purchase.

The Customer agrees not to use Lucy’s for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on Lucy’s for their own personal use but no material on it may be altered, modified, reproduced, transmitted or distributed without Lucy’s prior written consent. The Customer agrees that it will not interfere with any other party’s use and enjoyment of Lucy’s, or damage the operation of Lucy’s, or Lucy’s systems or those of other persons who use Lucy’s, whether by way of a virus, corrupted file, any other software or program, or otherwise.

Operation of the Website

There are many technical factors beyond our control that can influence access to, and the quality of connection to, the Website. As such We do not guarantee that the Website will always be accessible.

Registration

We have absolute discretion to refuse any application for registration for any reason whatsoever and may choose, at our sole discretion, to suspend or terminate any account and/or limit a Customer’s access to the Website. If your account is deactivated you may not create a new account without Our consent.

You agree to keep secure and confidential all usernames and passwords required to access the Website and you will notify Us immediately of any unauthorised use of your password or any other breach of security. You may not transfer your account to another user or maintain more than one account with Lucy’s without Our consent.

International users

The Website is operated by Lucy’s from New Zealand and delivery of orders is restricted to the delivery zone indicated on the Website. The information on the Website is therefore not appropriate or available for use in any other country.

Security of information

Lucy’s shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, no member of Lucy’s will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

Site content

While We have endeavoured to ensure that the information provided on the Website is free from error, no member of Lucy’s warrants its accuracy, adequacy or completeness, and no member of Lucy’s shall be responsible or liable for any error in, or omission from, the information provided on the Website. We reserve the right to make changes to the information provided on the Website at any time and without notice.

Governing Law

New Zealand law governs Lucy’s Online Growers Market and these terms and conditions.

Terms and conditions to prevail

These terms and conditions shall prevail over any other document purporting to have a contractual effect.

Prices and Fees

Pricing

The Customer shall pay the price of the Products displayed at the time the order is submitted in the checkout. No adjustments will be made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered. Lucy’s may vary the prices of the Products at any time and without notice.

Currency

All prices listed on the Website are displayed in the New Zealand currency NZ$.

GST

The prices of all Products and Delivery Fees are inclusive of GST and any other sales tax.

Variation of order and price

If the Customer requests a variation to their order which Lucy’s accepts, then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the final invoice.

Delivery fee

A Delivery Fee is payable on every order in addition to the price of the Products. The Delivery Fee is $5 for each order of Products that total less than $100. There is no Delivery Fee payable for a Product order which is $100 or more. We may alter the Delivery Fee without notice and at any time.

Orders and Payments

You must pay for every order of Products made using your account on the Website and the relevant Delivery Fee. We have absolute discretion as to whether an order placed on the Website is accepted and fulfilled, and we may cancel an order for any reason whatsoever. If you do not pay for the Products or the Delivery Fee in full (or your payment is declined by its financial institution), We will not deliver the Products to you.

Method of payment

Customers must pay Lucy’s for the Products purchased by Visa or MasterCard credit card, or via internet banking only. Lucy’s does not accept EFTPOS, cash, cheque, voucher or any other form of payment.

Payment by credit card

If a Customer’s credit card is declined by its financial institution, delivery of the relevant order will not be made, and Lucy’s will contact the Customer to make alternative payment arrangements. We reserve the right to refuse payment from any particular Customer by credit card for any reason whatsoever.

Lucy’s uses “Payment Express” to securely authorise credit card payments before any charges are made. For further information regarding “Payment Express” and how it encrypts and processes transactions, please visit www.paymentexpress.com.

Payment by internet banking

The Customer may choose to pay for the Products ordered via internet banking. The total amount for the Products and Delivery Fee is to be deposited into Lucy’s bank account with the order number included in the reference field. Lucy’s bank account details will be listed on the invoice that will be sent to the Customer’s email address when the order is submitted. Payment must appear in Lucy’s bank account before the order can be delivered. Please allow enough time when making payment.

Adjustments

If a Customer is invoiced an incorrect amount for any Product ordered, Lucy’s shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.

Debt collection

Where the Customer defaults in payment for any order the Customer will be liable for all costs associated with debt collection.

Change to payment policy

Lucy’s may change the way in which a Customer pays for Products at any time. The Customer will be notified prior to the change coming into effect.

Coupon codes

Promotional coupon codes can be applied to any order at the checkout to receive the applicable discount advertised for that promotion. Some coupons may be limited to one use per Customer or expire within a predetermined time limit. Lucy’s may choose to close a promotional code at any time without notice.

Variation / Cancellation of Orders

You may vary or cancel an order at any time up to the relevant order deadline, which is 10:00pm Wednesday night for Friday deliveries, by emailing instructions to the sales manager. The email must be received by Us no later than the order deadline and we take no responsibility for any technical errors or delays that prevent the email reaching Our inbox by the order deadline. We will send you a confirmation message as soon as the order has been revised.

If you decide to cancel the order after the relevant order deadline, we reserve the right to charge a cancellation fee of up to 80% of the price of the Products that have been cancelled.

There will be no refunds whatsoever if you decide to cancel the order on the same day the order is due to be delivered.

Delivery

Delivery zone

We will only deliver Products to households within our Delivery Zones as defined on Our map.

Delivery times

Orders must be received by 10:00pm Tuesday for delivery on the following Thursday (Selwyn Zone) or Friday (City Zone). We work to a target delivery window of between 3:00pm and 6:30pm (Selwyn Zone) or 1:00pm and 6:30pm (City Zone) on the delivery day but cannot guarantee a specific time. If a delivery day falls on a public holiday, a revised delivery day or cancellation notice will be posted on the Website.

Packaging

The Products will be packaged in closed insulated bags and, where appropriate, will contain ice packs to keep the Products cool. If the Customer will not be home at the time of delivery, We recommend the Customer also provide a chilly bin in an easily accessible location to provide additional protection from the elements, particularly during summer.

The reusable insulated bags and ice packs will remain the property of Lucy’s and must be returned within 30 days of receiving delivery. Please see “Return of Packaging” for more information.

Refusal to take delivery

If you fail or refuse to take delivery of the Products We may choose to charge you for any expenses or additional costs that we incur as a result of the failure or refusal.

Right to withhold delivery

Lucy’s reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever.

Delivery and liability

Deliveries will be made to the Delivery Point. If the Customer, or other person accepting delivery of the Products on behalf of the Customer, requests that the courier bring the Products inside the premises beyond the Delivery Point, no member of Lucy’s shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so.

Lucy’s shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.

Delivery is made when the Products arrive at the Delivery Point regardless of whether there is anyone there to accept the delivery. Risk in and ownership of the Products will pass to the Customer immediately on Delivery.

Products will be packaged appropriately to prevent the Products from spoiling however Lucy’s will not be responsible or liable in any way if Products are damaged or spoiled due to an extreme change in temperature, damage by animals or due to any other occurrence or event after Delivery.

Accessibility and safety

The Customer shall ensure their Delivery Point is easily accessible to Our couriers and that it is safe for those couriers to enter the Customer’s property to complete the delivery. If in the courier’s opinion the Delivery Point is not easily accessible or it is unsafe, the delivery will not be made and We will contact the Customer to make alternative arrangements. Lucy’s reserves the right to charge the Customer an additional delivery fee for any subsequent delivery. If alternative delivery arrangements are not reached the Customer will be deemed to have cancelled the order and we reserve the right to charge a $20 cancellation fee.

Delays to delivery

No member of Lucy’s shall be liable for failure to deliver the Products on a timely basis, whether the delay has been due to causes beyond Our control or otherwise.

If We think the delivery of the Customer’s order is likely to be delayed, we will attempt to contact the Customer to arrange an alternative delivery.

Delivery deemed to have taken place

If no person is present at the Delivery Point at the time of delivery the Products will be left at the Delivery Point and be deemed to have been delivered.

Incorrectly or undelivered Products

If any Product is delivered in error, the Customer may:

  • choose to keep the incorrect Product as a substitute to the product that was originally ordered, in which case no adjustment will be made to the original payment made by the Customer; or
  • choose to reject the incorrect Product, in which case Lucy’s will, at the request of the Customer, either replace that Product with the correct Product, or refund the value of the Product that was originally ordered. Lucy’s reserves the right to collect the incorrect Product from the Customer. If the Customer is unable, or refuses, to return the incorrect Product when requested, Lucy’s reserves the right to charge the Customer for that Product.

If the Customer has been charged for a Product that has not been delivered, Lucy’s will re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may choose to cancel the missing Product and receive a full refund of the Product at the price detailed on the Customer invoice.

Return of Packaging

All reusable insulated bags and ice packs provided by Us will remain the property of Lucy’s and must be returned within 30 days of receiving delivery. Failure to return these items will result in the Customer being charged a fee of $6 per bag and $3 per sheet of ice.

Packaging may be left out for collection by Us with the Customer’s next delivery of Products, or the Customer may contact Lucy’s to arrange collection.

Force Majeure

If the performance by Lucy’s of its obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Lucy’s) Lucy’s shall be excused from such performance to the extent of such prevention.

Product Guarantee

Lucy’s will make every effort to fulfil orders placed on the Website but will not be liable to any person if We decline or are unable to supply a Product for any reason (except as set out below). Lucy’s reserves the right to limit the quantity of Products ordered by the Customer at which time the price payable for the Products will be adjusted accordingly.

If the Customer notifies Lucy’s that any of the following has occurred on delivery:

  • (i) missing Products;
  • (ii) wrong Products;
  • (iii) wrong quantity of Products; or
  • (iv) defective Products,

and We agree that the above has occurred, We will (at the Customer’s request), either provide or replace the Products on the next delivery day, provide you with different products (as specified by you) of the same type but from a different supplier, or refund the value of the relevant Products (as at the date on which the order was made). Alternatively, you may choose to keep the wrongly delivered Products. Any complaints must be directed to the Sales Manager and must be made within a reasonable time of order, or delivery, of the Products.

Warranties

Other than as set out in the “Product Guarantee” above, We expressly exclude to the fullest extent permitted by law all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise. If you are purchasing the Products for a business purpose, you acknowledge that the Consumer Guarantees Act 1993 does not apply.

Privacy

You are asked to provide personal information when you register on the Website. You consent to the release of your personal information to Lucy’s and third parties in connection with the uses set out in the privacy policy.

Communications

If you use any communication tools available through the Website (such as the blog, posting comments on producer stalls, or any other forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the Website, including (without limitation) offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Website are legitimate and are not able to monitor communications at all times. We reserve the right to remove any communication at any time for any reason in its sole discretion. Please contact us to report any objectionable information on the Website.

Competitions and Promotions

Specific terms and conditions associated with a competition or promotion can be found on the respective competition or promotion page.

Third Party Links

Links to Third Party 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 Lucy’s. We do not monitor the content of any other website and are not liable or responsible in relation to any content on them, or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties.

Hyperlinks

You may not create a hyperlink to the Website without Our written consent. If you do create a hyperlink to the Website, you are liable to Us for any loss incurred by us as a result.

Liability & Indemnity

Exclusion of liability

To the fullest extent permitted by law, We are excluded from all liability in relation to the Website and the Products including all express and implied warranties and representations.

We will not be responsible for errors or misstatements on the Website or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity or any loss whatsoever caused by a third party gaining unauthorised access).

While We will do our best to ensure the accuracy of any advice, recommendation or information provided by Our producers in relation to the Products on the Website (or on Product labels) or their use or application, to the extent permitted by law, any liability or responsibility in respect of such advice rests with the applicable producer, as the case may be, rather than with Us.

Product liability

The liability of Lucy’s whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or noncompliance of, a Product or any other breach of Lucy’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

No liability for indirect loss

No member of Lucy’s shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer’s use of, or inability to use, Lucy’s Online Growers Market, or the delivery or failure to deliver any Products.

Indemnity

Notwithstanding any other term, the Customer agrees to indemnify each member of Lucy’s against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of Lucy’s, arising directly or indirectly out of the Customer’s use of Lucy’s Online Growers Market, any breach of these terms and conditions, or the delivery or failure to deliver any Products.

Intellectual Property

Lucy’s, and the providers of any other products and services accessible through Lucy’s, own copyright to the contents of the Website which shall at all times remain the exclusive property of Lucy’s and is protected by New Zealand and international law. You may not distribute or copy the Website for any commercial purpose and you are not permitted to incorporate the content of the Website or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without Our prior written consent. You may not frame any part of the Website material by including advertising or other revenue generating material. You may not remove or alter any trademarks or logos that appear on any material on the Website.

Variations of Terms & Conditions

From time to time Lucy’s may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of the Website after the terms and conditions have been changed indicates your acceptance of those changes.

Entire Agreement

These Website Terms constitute the entire understanding and agreement of the parties relating to the subject matter of these Website Terms and supersede and extinguish all prior agreements and understandings between the parties relating to the subject matter of these Website Terms.

Terms updated: 30 Jul 2015