TERMS & CONDITIONS
Kāpiti (“Kāpiti”, “us”, “we”, or “our”) is owned and operated by Fonterra Co-operative Group Limited (“Fonterra”). These terms and conditions (“Terms”) govern your use of the online store at www.kapiticollection.co.nz (“Kāpiti Online Store”). By placing an order through the Kāpiti Online Store, you express your understanding and agreement that you are bound by these Terms, in addition to the general terms on the Kāpiti website (“General Terms”). If you are unwilling to be bound by these Terms and the General Terms, you may not use the Kāpiti Online Store.
2. Pricing and Payment
All prices on the Kāpiti Online Store are given in New Zealand Dollars ($) and are shown inclusive of Goods and Services Tax (GST) at the current rate of 15% but exclusive of delivery costs.
We accept payment by credit card and debit card (MasterCard and VISA only). The payment system we use is provided by Payment Express. In using this system it means we do not record your credit card details and it is a secure gateway for online payment. If you are interested in reading more about Payment Express you can see their website at http://www.paymentexpress.com/.
The Kāpiti Online Store does not accept EFTPOS, cash, cheque or any other form of payment.
The price of any product is the price in force at the date and time of your order. We may change the price of any product before you place an order.
In the event of pricing errors, we will inform you if a product’s correct price is higher than that stated in your order and you may cancel the order.
Please note that the Kāpiti Online Store only delivers within New Zealand. Please see Section 5 “Shipping” for more information about delivery costs and delivery dates.
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available. We have a physical store which shares the limited stock so if an item in our physical store is purchased and sold at the same time an order for the item online is processed then the online item will not be available. In this case we will inform you as soon as possible and do our best to fulfil the order, cancel the order or amend your order to substitute the unavailable items with available items at your discretion.
To ensure availability of all our products, customers may be limited to a maximum number of items. Kapiti reserves the right to limit the range of products available.
4. Online Process
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us, we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Items will only be dispatched once payment has been received. For more information regarding delivery times please refer to Section 5 “Shipping”.
Delivery is only available to New Zealand physical addresses (post boxes and private bag numbers not permitted). Delivery to rural addresses may take longer than our standard shipping time frames.
Delivery will be made to the address specified by you on the completed order form.
Auckland CBD deliveries will be delivered within 1-2 working days. Otherwise, please allow 1-3 working days for delivery.
All deliveries are tracked. If you have not received your order within the estimated delivery time above, please contact us.
Shipping rates within New Zealand and further delivery information can be found on the Kāpiti Online Store under the “Shipping & Delivery” tab.
6. Returns and Exchanges
There will be no returns or exchanges on sale items unless the items are defective.
Once an order has been placed, you are unable to cancel or alter the order, subject to any amendment due to items being unavailable as referred to in section 3 “Availability”.
If you are unhappy with the products you have received from us (including if the products are defective), the products may only be exchanged in person, in the physical store on Shortland Street in Auckland, and only if they are in saleable condition and you have sent a copy of your receipt for the products to the Kāpiti Store here. You must notify us of your intention to exchange a product within 4 days of receiving the product by emailing the Kāpiti Store here. You must exchange the products, in person, at the physical store, within 8 days of receiving the products. If a product cannot be exchanged in store, we will issue you a refund. This refund will be made back onto the credit card or debit card that the payment was made by.
If there is a question about an item’s quality before we send the item, a Kāpiti store staff member will endeavour to contact you first to ensure another product is sent in place of the purchased item. If you are unhappy with the replacement item once you receive it, and you cannot return it to the physical store in person, you can contact us on (09) 358 3835 and a staff member will offer you a replacement, a credit note, or a refund, to the value of the item at the time of purchase and any shipping costs incurred.
Returns and exchanges received outside the above time frames will not be accepted. For all returns, except where the item is defective, you will be required to arrange and pay for the return of the products to us.
7. Accuracy of Content
We take every care to ensure that the description and specification of our products in the Kāpiti Online Store are correct at the time of publication. However, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you. Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on the Kāpiti Online Store. Prices on the Kāpiti Online Store are current at time of display and subject to variation without notice. We will do our best to display accurate descriptions and pricing, but are unable to warrant that the product descriptions or other content of the Kāpiti Online Store are accurate, complete, reliable, current or error free. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the Kāpiti Online Store.
8. Liability and Indemnity
These Terms are subject to any obligations we have under the Consumer Guarantees Act 1993 (“CGA”) set out below.
The liability of Kāpiti 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 any other breach of Kāpiti’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant product.
Neither Kāpiti or any other related company of Fonterra shall 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 Kāpiti Online Store, or the delivery or failure to deliver any products.
Notwithstanding any other term, you agree to indemnify Fonterra and any of its related companies against all liabilities, losses, claims, demands and expenses suffered or incurred by Fonterra or a related company of Fonterra, arising directly or indirectly out of your use of the Kāpiti Online Store, any breach of these Terms or your use of any products.
9. Consumer Guarantees Act
You acknowledge that where products are ordered for business purposes (as the term “business” is defined in the CGA), the provisions of the CGA shall not apply to the sale of products by Kāpiti.
You agree that nothing in these Terms is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these Terms shall be read as modified to the extent necessary to give effect to that intention.
New Zealand law governs the use of the Kāpiti Online Store and these Terms.
10. Intellectual Property
All right, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the Kāpiti Online Store and its contents is owned by, and shall at all times remain the exclusive property of, the Fonterra group of companies, its licensors and the providers of any other products and services accessible through the Kāpiti Online Store, and is protected by New Zealand and international law. Nothing in these Terms shall constitute any licence of intellectual property rights to you.
11. Force Majeure
If the performance by Kāpiti of its obligations under these Terms is prevented by an occurrence out of Kāpiti’s control, a “force majeure” (which shall include drought, fire, flood, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strike, labour dispute, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failure, or other cause whatsoever (whether similar to the foregoing or not beyond the reasonable control of Kāpiti)) Kāpiti shall be excused from such performance until the “force majeure” ends.
12. Variation of Terms and Conditions
From time to time Kāpiti may vary these Terms without notice. Please check these Terms periodically for changes. Your continued use of the Kapiti Online Store after the Terms have been changed indicates your acceptance of those changes.
13. Privacy and Security
We do not record credit card details; all credits cards are processed by Payment Express.
Joining the Kāpiti mailing list is optional, although recommended. It will allow us to keep you up to date with the latest information including what’s new in store. If you have signed up to our mailing list and would like to unsubscribe, please email the Kāpiti Store here.
If you have any questions please feel free to contact us on (09) 358 3835.