These terms and conditions (“Terms”) apply and are incorporated into any agreement for the supply of goods (“products”) by Organic Dairy Hub Co-operative NZ Limited (“us”, “we”, “our”, “Ours Truly”) to you, including your use of the website at www.ourstruly.co.nz (“the website”). All other terms and conditions are expressly excluded unless otherwise agreed in writing. If there is any conflict between an order and these Terms, these Terms prevail.
We reserve the right to change these Terms by notice to you either by updating the website, or email to you.
By submitting your order for products (“order”) to us via our website, you are deemed to have accepted these Terms. We reserve the right to accept or refuse orders for any reason.
Orders and Cancellations
All orders must be placed via the website. To place an order you must subscribe to the website. Orders must be placed are received by 5pm on Friday of each week.
On subscribing, you agree to a minimum term of 4 weeks supply of our products to be delivered each week in accordance with these Terms (“Minimum Subscription Term”). We will continue to supply you with our products based on your orders until you cancel your subscription with us. You can cancel your order via My Account on the website, provided that your cancellation is received by us prior to 5pm on Friday of each working week. We are unable to guarantee acceptance of order cancellations after this time.
You warrant that you are purchasing our products as the end consumer. If you are purchasing our products on behalf of another entity such as a business in trade, you warrant that you have authority to accept these Terms on behalf of that entity. You further warrant that our product will not be purchased for resupply in accordance with the Raw Milk for Sale to Consumers Regulated Control Scheme dated 1 March 2016 by the Ministry of Primary Industries which requires raw milk to be purchased by the end consumer.
All prices (including delivery costs) are listed on the website and include GST unless provided otherwise.
All amounts stated are in New Zealand dollars.
We reserve the right to change the prices from time to time during the term of this agreement for any reason including (without limitation) circumstances beyond our control. We will endeavour to provide you with reasonable notice of any changes to our prices via our website or email. In the event you do not agree to our price changes you may cancel your subscription in accordance with these Terms.
Credit and Debit Card Payments
All orders must be paid for in advance by credit or debit card.
Payments are processed through a secure credit card payment gateway system. Any credit or debit card details stored for recurring payments are done so on the secure system. No credit card data is stored by us.
No other forms of payment are accepted (such as cash, bank transfer or cheque).
Purchases and Deliveries
We endeavour to deliver on a Wednesday of each Calendar week (Public holidays excluded) or within a 24 hour period of each Wednesday of the week, however to the extent permitted by law, do not guarantee supply or delivery at a specific time. We are not liable for any mis-deliveries due to incorrect addresses being provided by you.
Credits and refunds
If you are unhappy with our product, we will attempt to resolve this with you. If the issue cannot be resolved we may offer a replacement product or credit for the value, or partial value, of the product.
Money-back refunds are not available. However, under exceptional circumstances the Ours Truly Team may choose to do so on a case-by-case basis, and otherwise will comply with our obligations under the Consumer Guarantees Act 1993. Nothing in these Terms will restrict, negate, modify or limit any of your rights under the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA). If you are acquiring the product for the purpose of a business or in trade, the CGA, and conditions, warranties and guarantees set out in the FTA or otherwise implied by law, will not apply and are excluded from these Terms.
It is your responsibility to collect the product from your nominated delivery point and maintain the integrity of the product from that point onwards.
You will not be entitled to a refund of your order due to a breach of these Terms by you.
We try to guarantee the accuracy of all information in this website however this website is provided on an “as is” and “as available” basis without any endorsement or representation made and we make no warranties of any kind in relation to the Ours Truly website. We make no warranty that the Ours Truly site will operate on your computer free from errors with no loss of information when transmitting data through the Ours Truly website or server. All information on this site can be changed at any time without notification. Ours Truly offers no warranty that the use of this site will not result in the “infection” of computers with Internet based contamination such as, but not restricted to viruses or “Trojan Worms”.
Ours Truly reserves the right at any time, without notice to modify, suspend or terminate operation of this site, block users from accessing the site or to interrupt the operation of the site.
Limitation of Liability
To the fullest extent permitted by law:
- Ours Truly will not be liable for any indirect, consequential, exemplary, incidental or punitive damages incurred by you in connection with the products or otherwise under these Terms.
- Ours Truly’s maximum liability to you (whether at law, in contract or otherwise) in connection with the punitive damages or otherwise under these Terms, shall be limited to it’s liability or obligations under the CGA and shall not in any event exceed the price payable by you for the product to which the liability relates.
Personal Information and Password Details
You are entirely responsible for maintaining the confidentiality of your personal details at all times, including credit card and any personal account details. You agree to notify Ours Truly immediately of any discretion or unauthorised use of your personal details.
You assume total responsibility for your use of our website.
You authorise us to collect, retain and use any information about you for the purpose of assessing your creditworthiness, or enforcing any rights under these Terms. We may share your information with other agencies for these purposes. If you are a natural person, you have the right to access and correct information about yourself.
You also permit us to place data files (“cookies”) on your computer to enable you to use some features of some of our website. Where you choose not to enable cookies from our website, some functionality of the website may not be available to you.
We will not be liable for any delay or failure in the performance of any of the obligations imposed by these Terms, to the extent that the failure is due to an event or circumstance beyond our reasonable control which includes, but is not limited to, any event or circumstance occasioned by, or in consequence of, any act of God, strikes, lockouts, other industrial disturbances, wars, terrorism, blockades, insurrections, riots, epidemics, pandemics or other infectious diseases, shortage of labour or civil disturbances, the order, direction, or requirement of any court, government, or local authority.
c/- Organic Dairy Hub Co-operative NZ Limited, PO Box 9466, Waikato Mail Centre