New World Online Terms and Conditions
Welcome to www.nwonline.co.nz (New World Online). New World Online is New World’s online supermarket where you can search for and purchase items (Products) through the New World Online website. Your use of New World Online is governed by these terms and conditions so please read them carefully.
The systems and intellectual property rights relating to or supporting New World Online are owned or controlled by Foodstuffs North Island Limited, Foodstuffs South Island, Foodstuffs (N.Z.) Limited, and/or any affiliate, subsidiary or related company of those Foodstuffs entities (together, Foodstuffs). The operator of the New World supermarket that you have selected to supply or deliver your Products (we, our or us in these terms and conditions) is responsible for the supply and delivery of Products ordered by you through New World Online. The physical New World supermarket that we operate is referred to as “Your Chosen Store” in these terms and conditions. Any orders you place through New World Online are legally binding offers and if accepted by us, a legally binding contract is formed between you and us.
1. REGISTERING TO USE NEW WORLD ONLINE
1.1 Your use of New World Online
By accessing, searching for and/or ordering your Products through New World Online, you are deemed to have read and agreed to these terms and conditions. We do not charge you for the use of New World Online. You are responsible for any data or telecommunications charges associated with your use of New World Online.
1.2 Registration and use of your New World Online details
1.3 Termination/suspension of access to New World Online
We may refuse any application to register to use New World Online and we may also reject in full or in part any orders that you place. We may also, at our discretion, suspend or terminate your access to New World Online at any time for any reason.
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All prices displayed on New World Online are in New Zealand Dollars (NZD) and include GST.
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3. PLACING AN ORDER
3.1 General (Delivery or Click & Collect)
We offer two options for receiving your Products. We can deliver them direct to your nominated delivery address, or you can pick them up from Your Chosen Store (i.e. Click & Collect). The delivery methods available to you depend on the store you choose. We set out these two options in more detail below.
3.2 Minimum order value
The total estimated value of the products in your order will be shown on the “Check-Out” page and must meet a minimum value before being accepted. This minimum value will be detailed on the website and is dependent on your chosen store and delivery method.
3.3 Order cut-off times
Orders for Delivery and Click & Collect must be placed before the order cut-off times (Order Cut-Off Time(s)) determined by us (the relevant cut-off time for your order). Order Cut-Off Times may change from time to time as determined by us and may vary between our stores.
3.4 Pick-up and Delivery Timeslots
There may be a limit to the number of orders that can be delivered or picked-up during each available timeslot. We will do what we reasonably can to deliver or make your order available for pick-up within the timeslot selected by you. If it is not possible for us to deliver or make your order available for pick-up within the timeslot you have selected, we will try to contact you using the contact information you provided to us during registration (or subsequently updated by you).
3.5 Estimated order value and final order value
The value of the Products shown in your “basket” before you place your order is an estimated total only. The final order value is the actual price you will pay for your Products plus any service fees for Delivery and Click & Collect and as amended as set out in clause 4 below (Final Order Value).
3.6 Confirmation of order
Once you have successfully submitted your order we will send you an order confirmation to the email address you have provided to us. Please check your spam or junk folders in case our email has been directed there. If your order confirmation has not come through within 2 hours then please call Your Chosen Store.
Please review your confirmation email when it comes through to check that everything is correct. If something does not look right, then please contact Your Chosen Store.
3.7 Grocery item availability and substitutions
We will do all that we reasonably can to supply the Products you’ve ordered, but in some cases they may be unavailable. All Products, including specials, are subject to availability. Our goal is never to be out of stock, but in case we are, before you check-out we will ask you if you would like to allow us to substitute similar products for Products in your order that are not available. If you have not agreed to allow for substitutions then any Products in your order that are not available will not be supplied and you will not be charged for those items. If you have agreed to allow for substitutions, any substituted products will be an equal or better quality item at an equal or lower price (compared to the price listed on the website when you ordered the unavailable Products). Where we are able to, we will try to contact you to discuss your preferred substitutions.
3.8 Maximum number of Products
We reserve the right to limit the number of each product we will supply in any transaction. You must not purchase items through New World Online for the purposes of resale. If we suspect for any reason that you are doing so, we may in our sole discretion suspend or terminate your access to New World Online and/or we may refuse to fulfil any order you place through the website.
When placing your order, please tell us in the relevant comments section any special instructions for our Personal Shoppers picking your Products. For example, in that section you could ask for “yellow firm bananas”, “ripe avocados”, or “please select items with the latest expiry date”. While we will endeavour to meet any special requests you may have, you acknowledge that the interpretation of your instructions is subjective and therefore our Personal Shopper’s interpretation of your instructions may vary to your interpretation.
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4. FINAL ORDER VALUE
The price you pay for your Products will change from the estimated order value for the following reasons:
4.1 Variable weight items
If you have ordered Products that need to be weighed (such as produce, seafood, meat and deli items from our fresh food departments) or are pre-packed items that are of variable weight, you will be charged for the actual weight of the item picked by our Personal Shoppers (at the unit price displayed on the website at the time you placed your order). Our Personal Shoppers will use their reasonable endeavours to ensure that the Products you receive weigh as close as possible to the weight you ordered. You agree to accept and pay on the weight of the Product they have obtained for you.
If the Product you have ordered is not available and you have agreed that substitutions are allowed).
4.3 No substitutions
If the Product you have ordered is not available and you have not agreed to allow for Product substitutions,
4.4 Specially requested items
We may provide you the option to make special requests for Products. If you have ordered any “specially requested items”, the final value of your order will increase where we are able to supply you those Products, as the price for any specially requested items are only added to your order total once we confirm they are available and our Personal Shoppers pick those Products for you.
4.5 Final Invoice
Where the Final Order Value of your order is different from your estimated order value, this will be displayed in your final invoice for your Products. The final invoice will be provided to you in hard copy with your Products when they are collected and delivered.
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5. “CLICK & COLLECT” OPTION
5.1 Pick-up service
If your chosen delivery method is “Click & Collect” then you can order online and collect your Products from Your Chosen Store. You can reserve a Pick-up Timeslot when you select your Products on the website. We will do what we reasonably can to ensure your Products are available for collection from Our Store within your chosen Pick-up Timeslot. If that is not possible we will try to contact you using the contact information you provided to us.
5.2 Service fees (Click & Collect)
Service fees for our “Click & Collect” service can be found in our FAQs section.
5.3 Late Pick-ups
We understand that for reasons outside of your control, you may not be able to pick up your Products on time. If you know you are going to be late to pick up your Products, please call Your Chosen Store. We reserve the right to charge additional fees for late pick-ups.
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6. “DELIVER TO ADDRESS” OPTION
6.1 Delivery to your nominated address
If your chosen delivery method is “Deliver to Address” then you can order online and choose this option provided it is available at Your Chosen Store. We can deliver your order to any nominated address within your chosen Delivery Timeslot providing your nominated address is within Your Chosen Store’s delivery zone. We will do what we reasonably can to deliver within your chosen Delivery Timeslot. If that is not possible we will try to contact you using the contact information you provided to us. If delivery is not available from Your Chosen Store you may still use the “Click & Collect” option.
6.2 Service fees (Deliver to Address)
Service fees for our online shopping delivery service can be found in our FAQs section and are calculated based on the final order value.
6.3 Readily accessible
You must ensure that the nominated address is safely and readily accessible. Please provide any specific delivery instructions in the “Details for the delivery team” section at the time of placing your order e.g. “Please leave Products by the back door and close the garden gate”. We reserve the right to refuse delivery where we or any delivery agent we engage consider it unsafe to enter e.g. where we or our agents consider there are aggressive dogs or other hazards at the delivery address.
6.4 If you are not there when we deliver
You can tell us in the relevant comments section at the time of placing your order whether you would like your Products left at the nominated address if you are not there at the time of delivery. Without these instructions we will return your Products to Your Chosen Store if you or a member of your household is not at your nominated address during your Delivery Timeslot. We will never leave alcohol items at your nominated address if you are not there to receive them (see clause 10 below). Where your Products are returned to Your Chosen Store we will contact you to arrange the collection of your Products from Your Chosen Store. This may incur additional fees. We regret we cannot refund the delivery fee already charged. Where Products are left at the nominated address in accordance with your delivery instructions, they are left entirely at your own risk. We do not accept any responsibility after they have been delivered including where items are lost, stolen, damaged or perish as a result of being left unattended.
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7.2 Card Deduction
7.1 Payment Method
Orders must be paid for by credit card or debit card only as set out on the website. The name that will appear on your statement will be that of Your Chosen Store, for example, New World Northwood. You cannot use New World Gift Cards or New World Dollars to pay for orders through New World Online. New World Online does not store complete or usable credit or debit card information. To pay for your order you will be transferred to a secure accredited partner that is PCI compliant.
Your credit or debit card will have a nominal amount (currently $1) held from the time you place your order to ensure your card is valid. This nominal amount will be reversed within 7 days of placing your order (it will not be taken off the payment for your order). 7.3 Payment Processing
Your card will be debited for the final order value on the date you have chosen to pick-up your Products or have them delivered. You must ensure you have sufficient funds available on your credit or debit card to pay for the order on this date. If you have insufficient funds on that date then your order will not be delivered or provided for collection. We will contact you to let you know that your order has been cancelled.
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8. AMENDING OR CANCELLING OF AN ORDER
8.1 Cancellation prior to Order being Picked
Orders maybe cancelled by you without charge at any time prior to you being advised your order is really for delivery or collection as the case maybe.
8.2 Cancellation after Order has been Picked
Cancellation of your order by you after you have been advised your order is ready for delivery or collection is at the sole discretion of Your Chosen Store who reserves the right to charge you for the cost of the Order.
8.3 Amendment prior to the Order being Picked
You may amend your order any time prior to you being advised it is ready for delivery or collection, Your Chosen Store reserves the right to amend the delivery or collection time in consultation with you to allow for the amendment to be processed.
8.4 Amendment after Order has been Picked
Amendment of your order by you after you have been advised your order is ready for delivery or collection is at the sole discretion of Your Chosen Store. Where the store agrees to the amendment it reserves the right to amend the delivery or collection time in consultation with you to allow for the amendment to be processed.
8.5 Amendments and Pricing
Where your order is amended, all of the prices that apply to that order will be updated to the prices listed on the website for those Products at the time that you submit the change to your order.
8.6 How to Amend or Cancel your Order
To amend your cancel your order contact Your Chosen Store by phone or email.
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Unused and unopened non-perishable Products may be returned to Your Chosen Store for a refund or exchange with proof of purchase. Unfortunately, due to food safety and hygiene requirements, you cannot return any perishable items purchased through New World Online. However, if items you have purchased through New World Online are damaged, faulty or spoiled at the time of delivery or pick-up, we will comply with our obligations under the Consumer Guarantees Act 1993.
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10. AGE-RESTRICTED PRODUCTS
10.1 Purchase of alcohol
It is illegal for us to sell or supply alcohol to anyone under the age of 18 years. It is also illegal for you to purchase alcohol if you are under the age of 18, even if you’re buying it as a gift for someone else. By ordering alcohol through New World Online you are representing that you are 18 years of age or over and that anyone collecting your order (via Click & Collect) is also 18 years of age or over. It is our policy to require proof of age if you, or anyone collecting your Products for or with you (whether via Delivery or Click & Collect), looks under the age of 25 years. Acceptable forms of identification are:
- 18+ HANZ Card;
- New Zealand Driver's Licence; or
- Current Passport.
10.2 Delivery of Alcohol
Due to liquor laws, if your order contains alcohol we will not leave your order at the delivery address unattended. If you are not at the delivery address, they will be returned to Your Chosen Store. Please refer to clause 6.4 “If you are not there when we deliver” above for details of how to arrange the collection of your Products.
Tobacco products are not available for sale via New World Online.
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Orders for flowers are placed with a third party provider and are subject to availability. 11.2 Delivery
When ordering flowers you must provide an address for delivery. We regret there is no “Click & Collect” option.11.3 Seasonal Variations
Due to seasonality fluctuations and the nature of fresh flowers there may be some occasions where certain varieties may not be available. We reserve the right to replace them with flowers of a similar colour, value or quality. 11.4 Cancellations
To cancel your order please contact Your Chosen Store. We are unable to accept cancellations within 24 hours prior to the delivery day.
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12. ONLINE PRICING, PROMOTIONS AND REWARDS
12.1 Online pricing and promotions
The price of items is as shown on New World Online. While we endeavour for prices shown on New World Online to match prices in Your Chosen Store, they may not always be the same. Prices shown on New World Online are updated regularly so we recommend you check the price of everything in your “basket” before completing your order in case any prices have changed while you have been selecting your Products. Subject to clause 4.1 above, the price for each product shown in your “basket” is the actual price you will be charged for your Products and not the price that you may have seen while selecting your Products.
12.2 Promotions or competitions
Promotions or competitions may apply to Products purchased online as determined by us from time to time. Any promotions or competitions run on New World Online are subject to these terms and conditions as well as applicable terms and conditions that apply specifically to that promotion or competition.
New World Clubcard members can obtain instant discounts with exclusive Club Deals and get rewarded by collecting Fly Buys points or earning Airpoints Dollars™ when shopping online with New World Online. Use of your Clubcard through New World Online is subject to our Clubcard Terms and Conditions. To the extent of any inconsistency between these terms and conditions and our Clubcard Terms and Conditions, these terms and conditions will prevail. You cannot use New World Dollars to pay for orders through New World Online. There may be a delay between a qualifying purchase via New World Online and the corresponding credit of points to a customer’s Fly Buys or Airpoints account.
12.4 Gift cards
New World Gift Cards cannot be used for purchases or otherwise redeemed through New World Online.
Promotional coupons available when you purchase from Our Store are not available through New World Online.
12.5 Fuel vouchers
Fuel vouchers are available through New World Online.
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13. DIRECT MARKETING AND CONSENT TO RECEIVING MESSAGES
13.2 All electronic communications from us (except for communications confirming your order or otherwise about your order and your ongoing use of New World Online) will contain an unsubscribe function if you no longer want to receive messages from us.
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14.1 All representations, terms, warranties, guarantees, or conditions whether express or implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions or merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded and expressly negated to the fullest extent permitted by law.
14.2 Subject to our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, it is your responsibility to satisfy yourself that Products you purchase through New World Online are fit for the purpose you intend and to use all requisite care and skill when handling, using and/or consuming those Products. You warrant that you will not use Products purchased through New World Online for any purpose for which they are not suitable. You acknowledge that you cannot rely on any representation or statement made by a representative of ours or Foodstuffs either through New World Online or otherwise, other than the express wording of these terms and conditions. No representative of ours or Foodstuffs assumes any obligation or liability for any advice given to you and you accept Products purchased through New World Online entirely at your own risk.
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15.1 Consumer Guarantees
We will comply with our obligations under the Consumer Guarantees Act 1993. If items you receive from New World Online are damaged, faulty or spoiled at the time of delivery, pick-up or otherwise, we will comply with our obligations under the Consumer Guarantees Act 1993. Please contact Your Chosen Store if you receive an item that you consider to be damaged, faulty or spoiled. Proof of purchase will be required. Nothing in these terms and conditions is intended to have the effect of contracting out of the Consumer Guarantees Act 1993.
15.2 No liability generally
To the maximum extent permitted by law, we and Foodstuffs will not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any use of New World Online and Products supplied through New World Online. While we endeavour to keep information on New World Online up to date, we cannot and do not guarantee the accuracy and completeness of this information.
15.3 Information displayed on New World Online
The information on New World Online is provided to you “as is” and any reliance upon the information shall be at your own risk. Descriptions of or information relating to products or Products displayed on New World Online have been provided by our suppliers and are not Your Chosen Store’s or Foodstuffs’ responsibility.
15.4 Title and risk
Products ordered through New World Online are at our risk until delivered to you or collected from Our Store under the Click & Collect service. Once delivered or collected from Our Store, title and risk in the Products passes to you.
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16. INTELLECTUAL PROPERTY
We or Foodstuffs either own or are authorised to use the intellectual property in everything that you hear, read, download or access on or via New World Online, messages, data files, software, images, photographs and other materials). You are not permitted to do anything which infringes these intellectual property rights (such as copying, modifying or reposting content) unless you have express permission from us.
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17.1 Variation of terms and conditions
We may vary these terms and conditions from time to time. Where practicable we will notify you of any changes. We recommend you check these terms and conditions periodically as we will treat your continued use of New World Online as acceptance of any changes.
17.3 Force Majeure
We are not liable in respect of anything that, but for this provision, would or might constitute a breach of these terms and conditions, where this arises out of circumstances beyond our, including but not limited to acts of God, natural disasters, sabotage, accident, riot, shortage of supplies, equipment or materials, strikes and lockouts, civil commotion, computer viruses or hacking, breakdown of equipment, power supply failure or telecommunications failure, or malicious damage (Force Majeure). We will refund the full purchase price of orders that have been processed but cannot be delivered or picked up due to Force Majeure.
17.4 Governing law
The laws of New Zealand govern your use of New World Online and these terms and conditions. Any legal action against us must be taken in a New Zealand court of law.
Latest update: 9 February 2018