Acceptance of general terms and conditions
- The present terms and conditions shall apply to each offer and agreement between Amigo Foods and the customer, insofar as parties have not explicitly deviated from the present terms and conditions in writing.
- The present terms and conditions shall also apply to agreements with Amigo Foods online who will call for the services of third parties for the execution.
- Possible deviations from the present general terms and conditions shall only be valid provided they have been explicitly agreed upon in writing.
- All offers shall be free of obligation and shall be made in one written form or other and shall bear a date.
- Amigo Foods shall only be bound by offers if the customer accepts such, preferably in writing, within 30 days.
- Once the payment has been confirmed, the order is accepted by Amigo Foods and will be confirmed by Amigo Foods.
- It shall not be possible to bind Amigo Foods to the offers if the customer should have understood in accordance with the requirements of reasonableness and fairness and according to the usual criteria in social and economic life that the offer, or part of it, obviously contains a mistake or an error in writing.
- If the acceptance deviates (on secondary items) from the offer given, Amigo Foods shall not be bound by it. The agreement shall in such event not be concluded in accordance with said deviating acceptance, unless Amigo Foods indicates otherwise.
- Amigo Foods reserves the right not to accept payment, and therefore not to confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply, a problem with the order received, or a problem completing the delivery.
- The total price, shown on the order, is definitive and includes: prices of the products, handling costs, packaging and transport.
- Our prices and shipment-handling charges and offers are in NZD.
- At his/her express demand, Amigo Foods will issue an invoice for the customer at the supplied indicated address.
- Amigo Foods undertakes every effort, once the order has been accepted and Amigo Foods receives confirmation of payment, to deliver the products to the address clearly indicated by the customer.
- The purchased goods will be delivered by the nomintated courier, and the package will be left with a signature from the customer.
- All delivery costs are for the customer's account.
- If the customer refuses to take delivery of the purchased goods or fails to give the information or instruction necessary to their delivery, additional costs for extra delivery or storage are on the customer's expense.
- Amigo Foods cannot and will not for any reason, be held liable for any deterioration in the products due to customers failure to collect the products in a timely manner.
- Any term of delivery, given by Amigo Foods shall only be indicative.
- Amigo Foods guarantees that the goods to be delivered shall meet the usual requirements and standards that can be set for and made upon them and that they have taken all the necessary care and attention to assure they correspond to the description that is given on the site and date the order was made.
- The guarantee mentioned above shall be valid for the standard period the goods ought to be fresh, until date best before if applicable.
- No guarantee is given at defect goods when this is the result of injudicious or improper use or when the customer or third parties have introduced changes or tried to introduce changes to the goods without Amigo Foods knowledge or consent in writing or if they have used it for purposes for which the goods were not intended.
- Upon receipt, the customer must inspect the delivered goods at the moment of delivery, but in any case in as short a period of time as possible. He/she must examine whether the quality and the quantity of the delivered goods comply with what was agreed upon.
- Possible visible shortcomings must be reported (description given) via e-mail to firstname.lastname@example.org within 48 hours following receiving, together with the submission of the note of purchase and the defect good.
- If the customer wishes to return defect goods, he/she shall only do so following prior consent in writing via e-mail to email@example.com and on his/her own cost.
Transfer of risk
- The risk of loss of, or damage to the products being the subject of the agreement, shall be transferred to the customer the moment the said products are judicially and/or actually delivered to the consumer and therefore fall into the power of the consumer or of third parties to be appointed by the consumer.
- Amigo Foods expects payment before shipment, unless other arrangements have been made.
- Shipment will take place after receiving payment confirmation.
- The total amount (order- plus delivery cost) may not exceed $250. This is the maximum amount we are covered by the courier company we use.
- Following information will be asked: Name, address, post code, phone number, e-mail address, shipping address if other than above.
- The info will appear on the screen and can be printed for your convenience.
- Automatically an e-mail will be send to your e-mail address with a confirmation number on your order.
- Your information will not be passed on to third parties.
- Amigo Foods shall reserve the rights and authorities to which she is entitled under the Copyright Act.
- The design of the Web shop, sketches, films, software and other material or (electronic) files, shall remain property of Amigo Foods and Premier Trading Co Ltd.
- If used by the customer this can only be done exclusively and must not be reproduced, made public or brought to the notice of third parties.
- When the producer of a defective good is liable for consequential damage, Amigo Foods liability shall be limited to replacing the defective good, or to returning the purchase price.
- The customer is personally liable for its choice of products and after delivery is entirely responsible for the conservation and consumption of the products.
- New Zealand law shall apply to each and every agreement between Amigo Foods and the customer.