Terms and Conditions

Please take a few minutes to review these Terms and Conditions. Your use of this Web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this web site. This web site is owned and operated by Delicious Catering Limited t/a Ottimo Food Store.

These Terms and Conditions May Change

Ottimo Food Store reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.

Contract Formation

The information contained on this website constitutes an invitation to treat & not an offer to supply goods or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these terms & conditions. We reserve the right to accept or reject (for any reason whatsoever & in whole or part) any order submitted to us.

Correction of Errors and Inaccuracies

While we do our best to ensure our information is correct and up to date, we cannot take responsibility for any inaccurate information or misrepresentation of materials on our website. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability.

Any medical advice on the website is not intended to replace a one-on-one relationship with a health care professional therefore you should always ensure you speak to your healthcare professional before making medical related decisions or making changes to your diet.

We aim to have current pictures of our products on the website however at times, the picture of the goods on the Ottimo Food Store Online store may differ from the goods actually supplied to you.

The country of origin may vary from the country stated in instances where we have not been able to update the information due to a delay in our suppliers notifying us.  We will endeavour to keep these as current as possible.

In instances where the advertised product is not available, we reserve the right to substitute a product of equivalent quality if we have it available.  In most cases, this will occur when our wholesale NZ Importer has changed suppliers.  If you are not happy with the replacement product which has been sent to you, we will refund the price.

 

Prices & Payment

All prices on this website are in New Zealand dollars and are inclusive of GST. We reserve the right to alter the prices at any time for any reason.

(1) All payments must be made by you in full.

(2) Payments must be made via the payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched.

(3) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card account is fraudulently used or is used in an unauthorised manner.

(4) If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.

Consumer Guarantees Act

Nothing in these Terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.

Electronic Transaction Act

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the people sending any such message need not include a functional unsubscribe facility in that message.

Applicable laws

This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.

The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.

Supply & Delivery by Post or Courier

(1) Subject to your compliance with these Sales Terms and our acceptance of your Order, we will sell and supply the products to you as shown on your Order confirmation.

(2) Products may not be available for immediate delivery. We will endeavour to deliver your Order to the address you nominate in your Order within seven (7) days of the date you placed your Order.

(3) Other than in respect of Orders for regional or remote areas, if we give you notice that we will be unable to deliver your Order within 7 business days of receipt of your order due to lack of stock you may cancel your Order without charge, and we will arrange for a full refund of any payment made by you for that Order to be processed.

(4) The delivery address must be an address within New Zealand and cannot be a PO Box or a freight forwarding location.

(5) On our acceptance of your Order, your Order will be dispatched to you to your specified delivery address generally within 7 business days of the date you placed your Order.

(6) We will use our best endeavours to deliver your Order within any stated timeframes for dispatch; however, we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.

(7) We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.

Disclaimer

You assume all responsibility & risk for the use of this site & the Internet generally. This site is provided by Ottimo Food Store on an as is basis. Ottimo Food Store makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Ottimo Food Store disclaims all warranties, express or implied, including but not limited to, implied warranties, of merchantability & fitness for a particular purpose, non-infringement of intellectual property rights or other property rights, & freedom from errors, viruses, bugs, or other harmful components. Ottimo Food Store will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, special, incidental, punitive, consequential damages, or damages resulting from loss of use, data, or profits, or business interruption arising out of or in any way connected with the use of this site, any delays on the site, or the inability to use the site, any portion thereof, or any hyperlinked web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Ottimo Food Store has been advised of such damages.

Force Majeure

We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption relating to the Internet, electricity supply, bank payment systems or postal deliveries.

Transfer & Assignment

If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.

Limitation of Liability

Under no circumstances, shall Ottimo Food Store or any of their employees, members, agents, vendors, or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website.

This is a comprehensive limitation of liability that applies to all losses & damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income, or profits), whether in contract, negligence, or other tortuous action, even if an authorised representative of Ottimo Food Store has been advised of or should have known of the possibility of such damages.

If you are dissatisfied with this web site or any of its content, or with these terms & conditions, your sole & exclusive remedy is to discontinue using this website. You acknowledge, by your use of this site, that your use of this site is at your sole risk.

Copyright

It is expressed that everything contained on this Website is copyrighted and may not be used without written permission of Ottimo Food Store. Ottimo Food Store neither warrants nor represents that your use of materials displayed on this Web Site will not infringe the rights of third parties not owned by or affiliated with Ottimo Food Store.

Trademark

The trademarks, logos and service marks (“Trademarks”) displayed on this Website are registered and unregistered trademarks of Ottimo Food Store, its affiliates and others. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on this