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Terms of Service

Welcome to Graze!

Please read these Terms of Service (Terms) carefully, as they apply when you use and access the Graze website and when you purchase products from our online store. By accessing and using the Graze website and our online store, you agree to be bound by these Terms and our Privacy Policy.

If you do not accept these Terms, please do not use the Graze website or our online store. You can contact us at the details below if you would like further information on any part of the Terms before using our website or store.

The website at www.graze.co.nz is operated by Graze, on behalf of James Crisp Limited. Any reference to “Graze”, “we”, “our” or “us” in these Terms is a reference to James Crisp Limited.

Our online store is hosted on WordPress, who provides us with the online e-commerce platform – WooCommerce - that allows us to sell our products and services to you.

Amendments to these Terms

We may review and amend these Terms from time to time. Any changes to the Terms will take effect when they are posted on our website. By continuing to access our website or online store, you agree to be bound by our most recent Terms. Please come back regularly to check for any updates.

Price

All prices on our website are in New Zealand dollars, and include GST unless otherwise stated.

Where additional delivery costs apply, these costs will be clearly stated.

Graze reserves the right to change our prices from time to time, by posting new prices on our website. If you have a subscription with us, we will notify you of a price increase, and will give you a reasonable opportunity to cancel your subscription with us (without charge) if you are not happy with our new prices.

Orders

At this time, a minimum order quantity of 6 products applies to all orders placed via our online store, and all orders must be in multiples of 6 products. This means you can place an order for 6, 12, 18, 24…. (and so on) products. We reserve the right to change this rule at any time.

We take care to ensure that stock levels displayed on our website are accurate, and make every effort to fulfil orders through our online store. However, subject to any rights you have under the Consumer Guarantees Act 1993 (CGA), we will not be liable if we are unable, or decline, to supply a product for any reason whatsoever, other than to refund the amount paid in respect of that product.

By placing an order through our online store, you warrant that you are at least 18 years of age and are legally capable of entering into binding contracts.

We reserve the right to limit the sales of our products, or the quantities of any products that we offer, on a case by case basis.

Accuracy of account and billing information

You agree to provide current, complete and accurate purchase and account information for all purchases made from our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates (where applicable), so that we can fulfil your orders and contact you as needed.

We will not be liable for any charges you might incur due to out of date payment information being provided to us. If we incur any costs or expenses due to incorrect payment information being provided by you, we reserve the right to seek reimbursement from you.

Payment

We accept payment by credit or debit card, or any other method listed on the checkout page.

Delivery

We will deliver your products to the address you supplied at the time of placing your order, or to the address stated in your account (for subscription customers). You can update your delivery details for subscriptions in your account section.  Note that we will need at least 24 hours’ notice to make this change.

Unfortunately, at this time, we cannot accept PO Boxes as a delivery address, and cannot deliver outside of New Zealand.

We will not be responsible for any non-delivery or delay in delivery as a result of events that are beyond our reasonable control, or for any consequences (direct or indirect) arising from any delay or non-delivery.

All risk and title to the products will pass to you from the time of delivery.

Subscriptions

You can subscribe with us by selecting a subscription order when you enter our online store. Currently, we are only able to offer monthly subscriptions.

A minimum order quantity of 6 products applies to all subscription orders, and all orders must be in multiples of 6 products. This means you can place a subscription order for 6, 12, 18, 24…. (and so on) products.

Delivery fees for subscription orders are $6 flat rate for orders under $50, and free for orders over $50 or more.  All subscription orders are eligible for a 5% discount on the total purchase price using the allocated code “subscriber”.

When you place an order for a subscription, you enter into an agreement to purchase your selected Graze subscription products on an ongoing basis. Your order will continue each month, unless you tell us you want to cancel your subscription. Currently we only offer monthly subscriptions. The subscription amount and billing interval will be set out on the checkout page, in our confirmation email to you and on your account details page.

Subscription payments

If you are a subscription customer, your subscription payments will be automatically deducted from your account, using the account details you provided at the time your first subscription order was made. You will be charged for your first subscription order upon completing the initial transaction details on our website. Subsequent orders will be invoiced and charged 24 hours before the next subscription order is due, unless you have cancelled your subscription, or otherwise changed your subscription or delivery preferences.  If your direct debit fails the order will not be sent to you and you will receive an email from us detaining the missed subscription payment.

Cancelling your subscription

You may cancel your subscription with us at any time via your account details page.

If you want to cancel your subscription, you must notify us at least 24 hours before your next order date. If you do not give us at least 24 hours’ notice, you will be automatically charged your normal subscription charge.

Our refunds policy

Due to the nature of our products, we are unable to accept returns, except where the product has not reached you as we would have hoped.

Our products come with guarantees that cannot be excluded under the CGA. If you consider that any of our products are damaged or fail to comply with any of the guarantees in the CGA, please let us know using the contact details below.

Termination or suspension

We reserve the right, without notice and at any time in our sole discretion, to terminate your right to order and receive products from our online store. You acknowledge and agree that we shall have no liability or obligation to you in the event of such termination.

Termination does not relieve the parties from any liability incurred 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.

If you are a subscription customer

If orders are not paid for in full, or if your bank declines payment and as a result money is owing to us, we reserve the right to suspend your ability to place further orders through our online shop until such time as the outstanding balance has been paid in full (including any collection or other fees).

If you fail to make any payment due or otherwise breach any of your obligations to us, we may (in addition to any other rights or remedies we may have) terminate your subscription and your account with us. Any such termination will be without prejudice to any claim or right we may have.

Intellectual property rights

All text, graphics, trademarks, logos, designs, photographs and artwork (Content), including the design, structure, co-ordination and “look and feel” of the Content, contained on our website is owned by Graze. Our Content (whether registered or unregistered) is protected by trade mark, copyright and other intellectual property laws in New Zealand.

You can access and print Content from our website for your own personal use only. No part of our websites or Content may be copied, reproduced, republished, posted, publicly displayed, translated, transmitted or distributed in any way for any commercial purposes, without our express written consent. If you use any of our trademarks in connection with the Graze brand or our products, you must include a statement attributing that trademark to us.

Privacy

Any personal information you provide to us is governed by our Privacy Policy.

Collection and storage of payment card information

We do not collect or hold customer payment card information. All payment card collection, storage and transactions are performed by our third party provider Stripe.

Linked websites

Our website may contain links to other websites owned or operated by a third party. Any links we provide are provided as a convenience for our customers only. The inclusion of a link does not imply any endorsement or verification by us. As the linked sites are not under our control, we are not responsible for the content of any linked site, including any information, material, products or services contained on the linked site. You should use your own judgment before accessing any linked site.

Prohibited uses

You agree not to use our website for any purpose that is unlawful or prohibited by these Terms. You agree that you will not interfere with any other party’s use and enjoyment of our website or online store, or damage the operation of our website or online store or our systems or the systems of other parties who access our website or online store. You must not transmit any worms or viruses or any code of a destructive nature.

You may download information from our website or online store for your own personal use only. The website (including any Content) may not be altered, modified, reproduced, transmitted or distributed for any commercial purpose (including in connection with any promotional purposes) without our prior written consent.

Force Majeure

We will not be responsible for any failure to perform, or delay in performing, any of our obligations under these Terms where that failure or delay is caused by events outside our control (Force Majeure).

A Force Majeure event is any act, event, non-happening, omission or accident beyond our reasonable control, and includes (without limitation): strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; epidemic, pandemic or other health emergency (whether declared or not); and the acts, decrees, legislation, regulations or restrictions of any government.

Disclaimer and limitation of liability

The CGA applies to the Graze products we supply to you. If a Graze product fails to comply with any guarantee in the CGA, we will either (at our option) replace the product or refund the price for that product.

To the extent permitted by law, we do not represent or warrant that our website or online store will be available at all times, that access will be uninterrupted, that there will be no delays, failures, omissions or errors, or loss of transmission of information, that no viruses or other destructive software or code will be transmitted, or that no damage will occur to your computer system when accessing our website or online store. To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website.

We accept no other liability for any claim by you or any other person, including without limitation for any claim relating to or arising from:

(a) any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or

(b) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by us in writing; or any service forming part of the supply of our products which have been performed by any third party.

To the extent permitted by law, our total liability to you under these Terms will be limited to (at our election):

(a) Replacement or re-supply of products; or

(b) The cost of replacing or re-supplying the products.

In any event, our liability to you under these Terms will not exceed the price paid by you to us for the relevant products.

Nothing in these Terms is intended to have the effect of contracting out of the provisions of the CGA.

General terms

  • Entire agreement: These Terms contain the entire agreement between the parties concerning the subject matter of these Terms, and supersede all prior communications.
  • No reliance: Each part acknowledges that, in entering into these Terms, it has not relied on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.
  • No waiver: Any failure by use to insist upon or enforce strict compliance with these Terms does not constitute a waiver of any of our rights.
  • Severability: If any part of these Terms is held by a Court to be illegal, invalid or unenforceable, that part will be severed from the Terms. The remaining Terms will be unaffected, and will continue to apply.
  • Governing law: These Terms are governed by the laws of New Zealand.

Last updated: 28th February 2022

Contact Us!

Please send any questions to us at hi@graze.co.nz, or contact us at our freephone number 0800 895 218 (New Zealand only).

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