Artichoke Spread

OUR TERMS & CONDITIONS

USE OF THE DURHAM FARMS WEBSITE, APP, PURCHASE OF BACH BOXES AND PRODUCTS, SUBJECT TO THESE TERMS AND CONDITIONS:

1. WHAT DO THESE TERMS COVER?

Thank you for visiting our Website, using our App, entering any of our promotions and purchasing our Bach Boxes and Products. To make it easier for you, we have set out the terms and conditions that apply every time you deal with us below in these Terms. These Terms apply whenever you visit or use our Website or App, whenever you buy any of our Bach Boxes or Products or when you sign up to any of our promotions.

By using our Website and App, purchasing our Bach Boxes and Products or by entering into any of our promotions, you acknowledge that you have read, understood and accepted these Terms, and agree to be bound by them. We have used defined words (words with capital letters) in these Terms.

These words have special meanings and you can see what they mean at the end of these Terms.

If you want to get in touch with us, please email us at kiaora@durhamfarms.co.nz

For information on how we collect, use and deal with your personal information, please see our privacy policy

By agreeing to these Terms and providing us with your personal information, you also agree to our privacy policy.

 

2. ORDERING RULES

For Bach Boxes other than Extras and Speciality Bach Boxes (unless stated otherwise):

(a) You can choose to have a weekly or fortnightly regular delivery of a Bach Box or Bach Boxes.

(b) Your order constitutes an order for an ongoing and regular purchase and delivery of Bach Boxes selected. Your order will continue each week or fortnight, unless you tell us you want to skip or remove the order before midnight on the Sunday before your order is due to be delivered.

(c) You can choose to skip (for a period of time) or remove (indefinitely) your order.

(d) You can also choose to change a weekly delivery to a fortnightly delivery and vice versa before midnight on the Sunday before your order is due to be delivered.

(e) The cut off day and time for ordering, skipping or removing an order is on the Sunday at 24:00 hours (midnight) the week before the relevant Delivery Date.

(f) The cut off day and time for changing delivery point and dates is on Wednesday at 7:00pm the week before the relevant Delivery Date.

(g) Deliveries are made on a Saturday, Sunday or Monday during the selected upcoming delivery time slot, unless the Delivery Date falls on a public holiday. If the Delivery Date falls on a public holiday, we may need to deliver to you on a different day. If that will happen, we will let you know in advance.

(h) You are able to select which day and time slot you would like to receive your delivery based on what is available in your delivery area. Please see sections 18-23 below for more information on deliveries.

(i) Where you have skipped or removed your order, and we contact you via our Text Message Service, you are able to reinstate your deliveries through the use of our Text Messaging Service. Use of this Service will recommence your subscription to Durham Farms subject to these Terms.

(j) Please be aware that Bach Boxes (including Extras and Speciality Bach Boxes) do not generally include staple ingredients (which includes ingredients such as salt, oil, butter, flour, sugar, soy sauce, fish oil and eggs). We will try to let you know before each Delivery Date which staple ingredients are required in order to prepare the relevant Recipes. The Recipes will also include details of the staple ingredients required but which are not included in the Bach Box. This information is also available on our App.

(k) Durham Farms reserves the right to charge the Customer a reasonable cancellation fee for any cancelled order, including any Bach Box, Extra or Speciality Bach Box.

For Extras:

(a) You can only choose an Extra that is associated with an order for delivery of a Bach Box or Bach Boxes that you have also ordered. Please see our Website or App for details on what Extras we offer, which are subject to change.

(b) Your order means an order for an ongoing and regular purchase and delivery of the Extras selected. Your order will be ongoing and will continue each week or fortnight unless you tell us you want to skip or remove the order for the associated Bach Box or Bach Boxes or you remove your order for an Extra or Extras.

(c) You can choose to remove your order for an Extra or Extras independently of your associated order for a Bach Box or Bach Boxes before midnight on the Sunday before your order is delivered.

(d) Your order for an Extra or Extras will be removed automatically if you remove the associated order for a Bach Box or Bach Boxes.

(e) Your order for an Extra or Extras will skip if you choose to skip your associated order of a Bach Box or Bach Boxes (for the same period as you skip the order for a Bach Box or Bach Boxes).

(f) You can also choose to change a weekly delivery to a fortnightly delivery and vice versa. If a delivery is changed to weekly, the associated Bach Box or Bach Boxes order must also be weekly.

(g) The cut off day and time for ordering, or skipping or removing an order is on the Sunday at 24:00 hours (midnight) the week before the relevant Delivery Date.

(h) The cut off day and time for changing delivery point and dates is on Wednesday at 7:00pm the week before the relevant Delivery Date.

(i) Deliveries are made at the same time as delivery of the associated Bach Box or Bach Boxes.

 

3. DURHAM FARMS'S DISCRETION

Durham Farms may, at its absolute discretion:

(a) refuse to accept an order;

(b) cancel an order for any reason whatsoever. There will be no charge where we cancel an order, unless you have breached these Terms; and

(c) suspend or terminate the ability of any Customer to order through the Website or App for any reason whatsoever.

Where we need to refuse to accept an order or cancel an order, we will let you know as soon as possible. We will refund you for any cancelled order where we have chosen to cancel the order, as long as you have not breached these Terms.

 

4. CUSTOMER LIABLE FOR EVERY ORDER

You are liable for every order made under your Login that has not been removed or skipped pursuant to the Ordering Rules.

 

5. TRADE NOT SUPPLIED

Unless otherwise agreed, you may not purchase Bach Boxes or any Products through the Website or App for the purpose of resale.

 

6. PRICING

The prices are per Bach Box and are listed on the Website or App. The prices of the Bach Boxes are inclusive of GST. Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.

Delivery costs are inclusive of GST.

All amounts are in New Zealand dollars.

Durham Farms reserves the right to change our prices from time to time. We will notify you of a price increase by e-mail as early as we can and at least eight days before the delivery date for an affected Bach Box.

 

7. INVOICING

Durham Farms will invoice you via email following payment.

 

8. PAYMENT

When an order for your first Bach Box or Bach Boxes is placed, a verification payment for the order total will be deducted or debited from your credit card. The verification payment will be immediately refunded to your credit card, however, bank processing times can vary and the payment may take up to ten days to be refunded.

Generally, payment for your first Bach Box or Bach Boxes is due, and will be invoiced and deducted (or as the case may be, debited) from your credit card, in the next scheduled billing run in the week before your selected Delivery Date. This can occur on any day. However, if you order your first Bach Box or Bach Boxes after midnight on Sunday of the week before your first Delivery Date, you'll instead be charged for your first Bach Box or Bach Boxes at the time your order is made.

Payment for a subsequent Bach Box or Bach Boxes is due, and will be invoiced and deducted (or as the case may be, debited) from your credit card, one week before the Delivery Date. The name that will appear on your credit card statement will be Durham Farms NZ Limited. Payment for Extras will be invoiced and deducted on the same timings as the Bach Box it has been added to and associated with.

As our Speciality Bach Boxes are one-off and do not involve ongoing and regular purchases, payment for your Speciality Bach Boxes is due, and will be invoiced and deducted (or as the case may be, debited) from your credit card, immediately following placing your order with us.

 

9. METHOD OF PAYMENT

You must pay Durham Farms for the Bach Boxes purchased by credit card (other than American Express). The Website and App do not accept any other form of payment.

 

10. PAYMENT BY CREDIT CARD DECLINED

If your credit card is declined by its financial institution or fails to process for a subsequent Bach Box or Bach Boxes, Durham Farms may choose not to deliver the relevant order and/or Durham Farms will contact you to make alternative payment arrangements.

Durham Farms may try and deduct payment from your credit card again prior to the Delivery Date. If your credit card is declined or fails to process on the Wednesday morning prior to the Delivery Date, Durham Farms may decline to deliver the relevant order and/or Durham Farms will contact you to make alternative payment arrangements.

Durham Farms reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

 

11. ADJUSTMENTS FOR BILLING ERRORS

It is possible that an error could be included on an invoice or on our Website or App. If you become aware of this, please let us know. If you are overcharged for any Bach Box ordered, Durham Farms will refund you the necessary adjustment amount to reflect the correct amount that should have been invoiced. We will refund you at your option by either crediting your credit card, or alternatively by crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

If you are undercharged, we will let you know and you will have to pay the amount owing.

 

12. DEBT COLLECTION

You are liable for all reasonable costs incurred by Durham Farms associated with debt collection where you default in payment for any order.

 

13. COLLECTION AND STORAGE OF PAYMENT CARD INFORMATION

Durham Farms does not collect or hold customer payment card information. All payment card collection, storage and transactions are performed by our secure PCI compliant 3rd party payment gateway Stripe. At no time are full customer card details viewable by either Durham Farms or any other party. For more information, please see our privacy policy ( ADD PRIVACY )

 

14. PRODUCT AVAILABILITY

Durham Farms will make every effort to fulfil orders placed with the Website or App. However, subject to any rights you have under the CGA, we will not be liable to any person if we are unable, or decline, to supply a Bach Box or Product for any reason whatsoever, other than to refund the amounts paid in respect of the Bach Box or Product.

We reserve the right to:

(a) limit quantities able to be ordered by Customers; or

(b) limit quantities able to be delivered to Customers. If a Customer's order is reduced in accordance with this clause, the price payable by you for that order will be adjusted or you may be refunded.

(c) alter Recipes or ingredients due to stock availability.

For customers who choose any order, Durham Farms will make every effort to include the Recipes you select. However, from time to time, we may have to supply an alternative Recipe as a result of product quality or stock availability.

 

15. PRODUCT QUALITY

In establishing that a Product was damaged or spoiled on delivery to you, we may require photographic evidence and/or a sample of the damaged or spoiled Product.

If Durham Farms agrees that a Product was delivered to you in a damaged or spoiled condition, Durham Farms will, subject to any rights you have under the CGA, either:

(a) credit the value of the relevant Product to you or (if we can) send a replacement Product to you by courier; or

(b) provide you with a refund.

We will credit or refund you by either crediting your credit card or, alternatively crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

All Products supplied will be labelled with a ‘best before’ day or date. Please check all best before dates on arrival and consume before this date. Most seafood, poultry and meat Products can be frozen, unless labelled otherwise. Some Recipes have a note on the front, indicating that the Recipe is best enjoyed earlier in the week. If you prefer to cook more Recipes later in the week, just check the expiration date of your Products and freeze any bread and proteins to enjoy later. Seafood recipes are best eaten first, followed by chicken, then pork, then red meat.

 

16. COOK TIMES

Cook times are based on the results of Recipe tests conducted by our Recipe testers in the Durham Farms Development Kitchen. Preparation and Ready In times are indicative only and individual Customer results may vary.

 

17. NUTRITIONAL INFORMATION

We’d like you to know all of our nutrition information provided is an approximation. This is based off purchased ingredients and volumes combined with the most common household ingredient brands, using recipe volumes. All information is calculated as accurately as possible.

INFORMATION ABOUT DELIVERIES

 

18. DELIVERY AREAS

Please refer to Durham Farms's delivery information pages for confirmation of where Durham Farms delivers to. As part of the Durham Farms ordering and registration process, you will be immediately advised if we are able to deliver to your address. Specific delivery locations are accepted based on the suburb and postcode of the delivery address and so it is important that you provide us with your correct address information. If you do not, then we may not be able to deliver to you.

If a delivery suburb or postcode is included in the registration area, this does not imply that Durham Farms will deliver to all addresses within that suburb or postcode.

Durham Farms may from time to time change the areas to which it delivers.

 

19. DELIVERY & LIABILITY

Deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date.

Durham Farms shall be entitled to commission third parties to make delivery.

If Durham Farms brings the Bach Box inside the Premises, beyond the Delivery Point, at your request, or other person accepting delivery of the Bach Box on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, Durham Farms will, subject to any liability arising at law which cannot be excluded including under the CGA and FTA, not be liable for any direct or indirect damage or loss (including in negligence) suffered by you or any third party in doing so.

Durham Farms shall be entitled to assume that any person accepting delivery of the Products is either the Customer or someone that is authorised to do so on behalf of the Customer.

 

20. ACCESSIBILITY, SAFETY AND DEEMED DELIVERY

You must ensure that your Delivery Point is easily accessible to Durham Farms's delivery person, and that it is safe for our delivery person to enter your Premises in order to complete the delivery. If, in our delivery person's reasonable opinion, the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of Durham Farms's costs incurred in relation to any deliveries repeated in accordance with this clause.

If, despite our reasonable efforts, , we cannot agree an alternative arrangement for delivery with you, we will be relieved of our obligation to deliver the Bach Box but you will be liable for payment for it in full as if you had received the Bach Box.

In the situation where it is safe to complete delivery but there is no person present at the Delivery Point at the time of delivery, or you or any other person fails or refuses to take delivery of the Bach Box, the Bach Box will be left at the Delivery Point and be deemed to have been delivered at that point in time.

Once delivered, you are responsible for all ingredients. Our chilled meal ingredients are packaged in thermal packaging which is designed to keep items chilled for the duration of the delivery. Please be aware that, depending on the season and temperature at the time of delivery, we recommend unpacking your items as soon as possible to maintain freshness. Advance planning may be required by you to ensure proper storage of your meal ingredients prior to consumption. In the situation where you, as the Customer, have provided written delivery instructions via the “Account Details - Delivery Instructions” section of the Website or App, we will endeavour to deliver the Bach Box(s) in accordance with these instructions. Where sensitive information is provided e.g. gate entrance codes, we endeavour to keep this information safe and only disclose it to those who require it for delivery purposes.

 

21. CHANGE OF ADDRESS

You must notify Durham Farms immediately of a change to your delivery address. You can alter the Delivery Point and Premises at any time by calling our Customer Love team until 6pm Wednesday evening the week before the day for delivery of a Bach Box; or through your online account up to 7pm on Wednesday evening the week before the day for delivery of a Bach Box. The address for an upcoming delivery can only be changed within the North Island or within the South Island as all our produce is sourced locally.

 

22. DELIVERY TIMES

Durham Farms always aims to deliver on time but may from time to time be delayed.

If Durham Farms becomes aware that the delivery of your order is likely to be substantially delayed, Durham Farms will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and Durham Farms will either refund you or credit you with the cost of that Bach Box or Bach Boxes. We will credit you by either crediting the credit card that was used to place the order, or alternatively crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

 

23. INCORRECTLY OR UNDELIVERED PRODUCTS

If any Product or Bach Box delivered does not correspond with a Product or Bach Box ordered, you can:

(a) keep the incorrectly-delivered Product or Bach Box, in which case no adjustment will be made to the payment due from you for the order containing the incorrect Product or Bach Box; or

(b) in the case of an incorrectly delivered Product, reject the incorrectly-delivered Product, in which case, Durham Farms will refund the value of the Product that was originally ordered; or

(c) in the case of an incorrectly delivered Bach Box, Durham Farms will either replace that Bach Box within a reasonable time (if we can) or refund the value of the Bach Box that was originally ordered.

We will refund you by either crediting the credit card that was used to place the order, or alternatively crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.

If you choose to reject an incorrectly-delivered Bach Box in accordance with sub-clause (c), Durham Farms reserves the right to collect the incorrectly-delivered Bach Box from you. If you are unable, or refuse, to deliver up the Bach Box when requested, or deliver the Bach Box in a different state (e.g., with some Products missing or partially consumed) than the state in which it was delivered to you, Durham Farms reserves the right to charge you for part or all of that Bach Box.

Nothing in this clause affects your rights under the CGA.

OWNERSHIP AND RISK

 

24. RISK PASSES ON DELIVERY

Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.

 

25. WARRANTIES LIMITED

You have statutory rights under the CGA and FTA that are not affected by these Terms.

Subject to your rights under the CGA and FTA, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law.

You must ensure that the Products are not used for any purpose for which they are not suitable and you are responsible for using all necessary skill and care in handling and using the Products. You expressly acknowledge that all such Products are accepted by you entirely at your risk.

 

26. ALLERGIES AND SPECIFIC DIETARY REQUIREMENTS (INCLUDING GLUTEN FREE AND GLUTEN LITE PRODUCTS)

Except where we specifically and expressly advise you otherwise (e.g., in the case of our Gluten Free Bach Boxes), the Bach Boxes are not designed to cater for allergies or specific or cultural dietary requirements.

Where we say a meal is Gluten Lite, that means that, to the best of our knowledge, every Product in the meal is gluten free but that we don't have the same guarantee from our suppliers that we do for Bach Boxes that we label as "Gluten Free" that every Product has been processed in a facility that does not contain gluten.

You must take care and have all responsibility for checking the ingredients in Bach Boxes.

 

27. LIABILITY

Under the CGA and FTA, Durham Farms’s liability to you cannot be excluded or limited in any way. Subject to your rights under the CGA and FTA:

• The liability of Durham Farms whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of a Product or Bach Box or any breach of these Terms shall not in any event exceed an amount equivalent to the price of the relevant Product or Bach Box.

• Durham Farms shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, App or your use of, or the delivery or failure to deliver, any Products or Bach Boxes.

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms.

 

28. ALL INTELLECTUAL PROPERTY OWNED BY DURHAM FARMS

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website or App and their contents and all Recipes are owned by, and shall at all times remain the exclusive property of, Durham Farms, its licensors and the providers of any other products and services accessible through the Website or App. This Intellectual Property is protected by New Zealand and international law.

 

29. EFFECT OF FORCE MAJEURE

If the performance by Durham Farms of its obligations under these Terms is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, pandemic, 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 beyond the reasonable control of Durham Farms), Durham Farms shall be excused from such performance to the extent of such prevention.

 

TERMINATION

 

30. RIGHT TO TERMINATE IN CERTAIN CIRCUMSTANCES

Either party may terminate this Agreement immediately on notice to the other if the other:

(a) being a Company:

  • goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or

  • has a receiver or statutory manager appointed; or

  • goes into voluntary administration; or

(b) being a natural person:

  • dies; or

  • commits any act of bankruptcy; or

  • commits any criminal offence punishable by imprisonment; or

  • fails to pay an amount due under this Agreement within 7 days of the due date; or

  • breaches any of these Terms and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.

 

31. CUSTOMERS' RIGHTS TO TERMINATE

Except in the case of orders which you have paid for (e.g. first time orders or Speciality Bach Boxes), you can terminate an order at any time temporarily or indefinitely by notifying us via your online account. The cut off day and time for skipping or removing an order is on the Sunday at 2400 hours (midnight) the week before the relevant Delivery Date.

 

32. TERMINATION DOES NOT RELIEVE PARTIES FROM LIABILITY UP TO TERMINATION DATE

Termination of this Agreement does not relieve the parties from liability under this Agreement up to the time of termination, nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that we can continue to market our products and services to you after termination unless you advise us that you do not wish to receive any further material from us.

 

33. DURHAM FARMS'S RIGHT TO SUSPEND

If orders are not paid for in full or a Customer's bank declines payment on a Customer's bank card and as a result money is owing to Durham Farms, then Durham Farms reserves the right to suspend the Customer's ability to place further orders on the Website or App until such time as the outstanding balance has been paid in full.

 

34. NO WAIVER OF DURHAM FARMS RIGHTS

Durham Farms's failure to insist upon or enforce strict compliance with these Terms will not constitute a waiver of any of our rights.

WEBSITE CONTENT AND USE

 

35. 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 Durham Farms. Durham Farms does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause, a "third party website" is any website other than the Website.

 

36. SECURITY OF INFORMATION

Durham Farms shall use its reasonable endeavours to prevent any unauthorised entry into the Website or App. However, Durham Farms will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

 

37. LOGIN

You must keep your Login details safe and confidential at all times.

 

38. WEBSITE AND APP CONTENT

You agree not to use the Website or App for any purpose that is unlawful or prohibited by these Terms. You may download the information on the Website or App for your own personal use but otherwise neither the Website nor App, nor any material on them, may be altered, modified, reproduced, transmitted or distributed without Durham Farms's prior written consent.

You agree that you will not interfere with any other party's use and enjoyment of the Website or App, or damage the operation of the Website or App, or Durham Farms's systems or those of other persons who use the Website or App, whether by way of a virus, corrupted file, any other software or program, or otherwise.

 

39. USE OF THE WEBSITE OR APP

You agree not to use the Website or App for any purpose that is unlawful or prohibited by these Terms. You may download the information on the Website or App for your own personal use but otherwise neither the Website nor App, nor any material on them, may be altered, modified, reproduced, transmitted or distributed without Durham Farms's prior written consent.

You agree that you will not interfere with any other party's use and enjoyment of the Website or App, or damage the operation of the Website or App, or Durham Farms's systems or those of other persons who use the Website or App, whether by way of a virus, corrupted file, any other software or program, or otherwise.

 

GIFT VOUCHERS

 

40. BUYING GIFT VOUCHERS ONLINE

(a) Gift vouchers may be purchased online from anywhere in the world, but we can only deliver Bach Boxes and Products to addresses within New Zealand that we service (so you need to be certain that your intended recipient is within an area that we service when purchasing a Durham Farms gift voucher).

(b) We will deliver gift vouchers purchased by you via email to your email address.

(c) You are responsible for ensuring that all information provided in relation to purchase is correct.

 

41. SPENDING GIFT VOUCHERS ONLINE

(a) Only Durham Farms gift vouchers can be redeemed on the Website or App.

(b) Go to the “Gift Voucher” tab on the Website or App, enter the voucher number and then follow the instructions to complete your purchase(s).

 

42. GIFT VOUCHER TERMS & CONDITIONS

(a) Durham Farms gift vouchers can only be purchased online via the Website or App.

(b) Gift vouchers can be partially redeemed. The un-used balance is non-refundable where you are not an ongoing Durham Farms Customer. If you are an ongoing Durham Farms Customer, the un-used balance will be credited to your account.

(c) The minimum gift voucher amount is $20 and the maximum gift voucher amount is $1000.

(d) Where you are giving a gift voucher to an existing Durham Farms Customer, or if the gift voucher recipient chooses to subscribe to Durham Farms on redemption, the amount of the voucher will be applied as a credit to their account or they can choose to purchase additional Products.

(e) All gift vouchers expire 12 months from date of purchase.

(f) A gift voucher cannot be reloaded, and unused balances at the expiry date will not be refunded.

(g) Durham Farms is not responsible if a gift voucher is used without permission.

(h) Gift vouchers will not be refunded or replaced.

(i) Gift voucher value cannot be redeemed for cash or credited to a bank account.

(j) These Terms will apply to all purchases of Bach Boxes or Products using a gift voucher.

(k) Any credit from a partially redeemed gift voucher applied to your account will be valid for the same period as the original gift voucher, 12 months from the date of purchase. The credit is non-transferable and cannot be exchanged or refunded for cash.

 

GENERAL

 

43. VARIATION OF THESE TERMS

From time to time we may vary these Terms. Durham Farms will notify you of any changes at least eight days before the Delivery Date of your next order. We may notify you by posting the updated Terms on our Website or App. Please check these Terms periodically for changes. Your continued use of the Website or App after the Terms have been changed indicates your acceptance of those changes.

 

44. HOW YOU CAN GIVE US NOTICE

You can give us notice under these Terms via the "My Account" section on the Website or the App.

 

45. HOW WE WILL GIVE YOU NOTICE

We will give you notice by phoning, emailing and/or texting you.

 

46. NEW ZEALAND GOVERNING LAW

New Zealand law governs the use of the Website, App and these Terms.

 

47. DEFINITIONS

"App" means the Durham Farms mobile application.

"Agreement" means the agreement made when we accept an order from you to purchase Bach Boxes, the terms of which are set out in your order and these Terms.

"Bach Box" means a delivery of Recipes along with food ingredients necessary for the relevant Recipes, which are able to be ordered via the Website and includes Extras and Speciality Bach Boxes. Our Bach Boxes also include the boxes in which they are delivered.

"CGA" means the Consumer Guarantees Act 1993.

"Customer", "you" and "your" means you and any other person who registers, and/or orders a Bach Box, under your Login.

"Delivery Date" means, subject to these terms and conditions, a Saturday, Sunday or Monday.

"Delivery Point" means an outside area of the Premises, such as your front door, or any particular outside area specified by you in making an order via the Website. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building.

"Extra" means Extra products, combinations of products or services which are from time to time offered by Durham Farms as complimentary, or add-ons to a Bach Box.

"FTA" means the Fair Trading Act 1986.

"GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

"Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) copyright in the Recipes.

"Login" means your personal email address and password used to access the Website under your registration.

"Durham Farms" "we" and "our" means Durham Farms NZ Limited, which is the seller of the Products and the Bach Boxes and the owner of the Intellectual Property and includes its related companies, directors, officers, employees or agents.

"Ordering Rules" means the rules set out in clause 2 as updated and/or amended from time to time.

"Premises" means the premises at the address specified by you on your registration application, as amended from time to time.

"Products" means the produce, meat and fish and any other products from time to time included in Bach Boxes, and sold via the Website.

"Recipe" and "Recipes" means the recipes from time to time designed by Durham Farms and enclosed with each Bach Box.

Speciality Bach Boxes" means one off speciality deliveries of Recipes along with food ingredients necessary for the relevant Recipes (e.g., a one off Christmas Bach Box or a late one-off sale that is outside the standard subscription period), which are from time to time offered by Durham Farms and able to be ordered via the Website or App.

"Terms" means these terms and conditions.

"Text Messaging Service" means the text messaging service provided by Durham Farms, which enables Customers to resume delivery of their Bach Box by responding to a text message sent by Durham Farms within a specified time period.

"Website" means this internet site and the Durham Farms app owned by Durham Farms, being the medium by which you subscribe to receive Bach Boxes.

 

REFER A FRIEND

 

48. REFER A FRIEND

"The Promoter" is Durham Farms NZ Limited, 45H Arrenway Drive, Auckland. "Promotional Period" means from 12.00am, Thursday 14th January 2021 until 11.59pm, Sunday 28th February 2021. "Friend" means an individual that (a) is a friend, acquaintance or family member of the Referrer; and (b) is not currently and has never been a customer of the Promoter nor participated in any other offer or promotion offered by The Promoter. Therefore, the individual must: be a first-time purchaser of Durham Farms; and never have had any active subscriptions with Durham Farms. To be eligible for $50 off, the existing Durham Farms Customer ("Referrer") must share their Refer a Friend promotional code in the Promotional Period to the Friend. Once a Friend signs up and orders a Bach Box or Bach Boxes using the Referrer’s Refer a Friend promotional code in the Promotional Period, the Friend will receive $50 off their first Durham Farms purchase, and the Referrer will have a $50 credit applied to their account. The Referrer will receive a $50 credit for each Friend that signs up and orders a Bach Box or Bach Boxes. One Refer a Friend Credit can be used per delivery, therefore in the event that a Referrer has multiple Refer a Friend Credits those Credits will be applied separately against subsequent deliveries in the order that they were accumulated. The value of each credit will be determined by the Promotional Period in which the credit was received. Refer a Friend promotional codes may expire prior to a Referrer's Friend's use. Sending more than one Refer a Friend promotion code to the same household or to the Referrer’s household is not permitted. The Referrer and the Friend will not be eligible for the Promotion if the Referrer and the Friend reside at the same residential address or arrange to have the Durham Farms product delivered to the same delivery address. A Friend cannot use a Refer a Friend promotional code together with any other promotional code on their first Durham Farms purchase. In the event that a Friend uses a Gift Voucher, and a Refer a Friend promotional code that results in a total sum that is greater than the value of the Durham Farms the Friend has selected, their account will go into credit, and the credit will be applied to their next purchase. Each $50 credit will be valid for up to twelve (12) calendar months after the termination or expiry of the Promotion, is non-transferable and cannot be exchanged or refunded for cash. Subject to any rights of the Referrer or Friend under New Zealand law, The Promoter may cancel, terminate, modify or suspend the Promotion or these Terms and Conditions at any time and for any reason before the end of the Promotional Period and shall not be liable to any entrant, Friend or Referrer for any loss or damage incurred as a result. Any Referrer and Friend that have met the conditions of the Promotion before this termination date shall still be eligible for the Promotion. The Promoter reserves the right to withhold or deduct credits obtained using Refer a Friend promotional codes by the Referrer in the event that The Promoter determines or reasonably believes that the use or redemption of the Refer a Friend promotional code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. Refer a Friend promotional codes must only be circulated to the intended audience (friends and family), and in a lawful manner; and may not be duplicated, sold or transferred in any manner, or made available to the public (whether posted to a public forum or otherwise), unless expressly permitted by The Promoter. By using the Refer a Friend promotional code the Referrer and Friend agree that they are wholly subject to these Terms & Conditions.

 

PROMO CODES

 

51. Promotional Codes

  1. Durham Farms may provide the public with codes for discounted Bach Boxes and/or similar promotions (“promotion codes”). In the event that a promotion code does not have its own Terms and Conditions, these Terms and Conditions shall prevail.

  2. Promotion codes will be targeted to limited users. To utilise promotion codes, users must meet the intended user criteria specified by Durham Farms and then either create or already have an existing account set up on the Durham Farms website (depending on the promotion code criteria). The promotion code is entered into the user’s subscription details to redeem. The promotion code will be applied against the GST inclusive amount payable for the user’s delivery once an order is made. A customer can only use one promotion code per order.

  3. A promotion code may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval.

  4. Durham Farms may cancel, terminate, modify or suspend the promotion code or these Terms and Conditions at any time and for any reason and shall not be liable for any loss or damage incurred as a result.

  5. Durham Farms reserves the right to withhold or deduct credits obtained using a promotion code in the event that Durham Farms determines or believes that the use or redemption of the promotion code was in error, fraudulent, illegal, or in violation of the applicable promotion code terms or these Terms.

  6. Promotion codes must only be circulated to the intended audience, and in a lawful manner; and may not be duplicated, sold or transferred in any manner, or made available to the public (whether posted to a public forum or otherwise), unless expressly permitted by The Promotor.

  7. By using a promotion code the user agrees that they are wholly subject to these Terms & Conditions.

  8. Promo codes specific to first-time orders can only be used by customers who have never bought a Durham Farms delivery before. This includes any discount off your first order promotions.

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