Terms Used: The seller refers to USA Foods. The buyer refers to any legal entity purchasing from the seller. There is no minimum purchase for online orders.
Shipping We use a courier service, so please supply a physical address. We can not deliver to a P.O.Box. Shipping costs range from $5.69 to $9.85 even if the order is only $1. Orders are usually dispatched within 24 hours. Orders placed on Friday, or over the weekend are attended to on Monday. Please allow for 2 days if you order is made after 1pm daily. All orders couriered on Friday should arrive Monday.
General These Conditions of Use shall prevail over any terms contained in any order or offer made by the buyer or any document used by the buyer (which shall have no effect).
Ordering The seller's website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer, to buy those products, in accordance with these Conditions of Use. The seller's acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
Order Process The buyer may order products from the seller by completing and submitting the checkout process on the seller's website. The buyer must provide all required information (including name, email address, delivery and payment details) or the seller may not be able to process the buyers order.
The Sellers Discretion in Rejecting Orders No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.
Consumer Guarantees Act 1993 In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (the Act) then: If the buyer is acquiring products from the seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products. In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall any way limit the purchaser's rights under the Act.
Prices Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars ($NZD) and include GST.
Taxes and other Charges All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.
Overseas orders We do not currently ship overseas.
Availability and Cancellation All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.
Cancellation of Orders Where products are listed on the seller's website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
The seller may cancel the buyer's order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.
Damages or Loss in Transit
Liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where the buyer believes that there is a shortage in the quantity of products delivered, the buyer must notify the seller of any such claim within 7 days of delivery and must provide the seller with a reasonable opportunity to investigate that claim. All orders delivered within New Zealand are insured against damage or loss during transit up to the value of NZ$1500. The seller will not accept any liability for loss or damage in transit that exceeds the value of the loss or damage insurance applying to that delivery. Goods leaving the seller's premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly. Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition. No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller. Please refer to the Returns Policy below to see what is covered.
Delivery & Shortages Once the seller has confirmed acceptance of the buyer's order, the seller will endeavour to dispatch the buyer's order within 24 hours unless a different time frame is specified in relation to a particular product. If the seller is unable to dispatch the buyer's order within the time frame specified the seller will endeavour to contact the buyer and advise the buyer of the expected dispatch date. The seller reserves the right to dispatch the buyer's order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments up until the installment is confirmed. Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery. The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers delivery instructions.
Liability and Maintenance Guarantee To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose. To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product. To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller. The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer, in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.
Errors or Ommissions The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.
Ownership and Risk Ownership of all goods sold by the seller (the goods) is retained by the seller until until the buyer has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment. Until full payment is made the buyer agrees to: Enable the goods to be readily identifiable as the property of the seller. Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller. On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.
Personal Property Securities Act 1999 - Until full payment has been received for the buyers order, the buyer acknowledges and agrees that: These Conditions of Use constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and a security interest is taken in all products previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer (if any).
The seller undertakes to: Sign any further documents and provide any further information which the buyer may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register; indemnify the seller for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities Register or releasing any item charged thereby; not register a financing change statement or a change demand on the Personal Property Securities Register without our prior written consent; give the seller not less than 14 days' prior written notice of any proposed change in the buyer's name or any of the buyer's contact details. Unless otherwise agreed to in writing by the seller, the buyer waives their right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999.
Risk Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer's delivery instructions), the buyer assumes full responsibility for and risk in the products.
Description of Products Modifications and improvements to the seller's products, prices and data are constantly being made. Although the seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website. The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take the appropriate action.
Force Majeure The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is is outside the seller's reasonable control.
Compliance The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.
Changes to these Conditions of Use The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller's website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.
Severability If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
Disputes and Governing Law Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996. These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by 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 these Conditions of Use (and any contracts to which these Conditions of Use apply). Feel free to contact us if you have any questions.
Returns Policy The vast majority of orders at USA Foods are delivered without a hitch, but understandably from time-to-time things go wrong and you may need to arrange a return or replacement. This information should help you determine what's covered. If you are unsure please contact us directly and we will be happy to help you out.
The item I received is not the item I ordered. We will replace the item, or offer you a full refund. To receive your replacement or refund you must contact us within 72 hours of receiving your order. We process your refund or replacement within 2 days of receiving your request, but in most case we will send your replacement the same or next day. If you are unsure what to do please contact us.
The item I ordered did not arrive. If your item did not arrive the first thing to do is check for a calling card left by the courier company. If you do not have one then request a track and trace from us. We too can check into your parcel, by calling Fastway Couriers on your behalf. If the track and trace on your order indicates that it has been delivered, but you're unable to find it, we will start an investigation with Fastway Couriers on your behalf.
Regrettably, neither USA Foods nor Fastway Couriers are able to refund or replace items that have been lost, damaged or stolen after being delivered to your property. If you are concerned about leaving your items unattended we recommend putting a comment not to leave without a signature.
I've changed my mind and no longer want the item I ordered. Unfortunately we are unable to accept a return if you've simply changed your mind or no longer want the item.
USA Foods is fully committed to protecting your rights under the Consumer Guarantees Act if you have any questions please contact us.
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey, fill out a form or enter a competition.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, or credit card information.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
; To personalize your experience (your information helps us to better respond to your individual needs)
; To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
; To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
; To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
; To administer a contest, promotion, survey or other site feature
; To send periodic emails
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Allergies Please be advised that all products we currently sell are prepackaged but the nature of our working environment does not allow us to test for allergies. Even with products where the manufacturer's advice is that the product is allergy free we cannot guarantee that there was no exposure to traces during our packaging.
Sugar Free, Gluten Free, Nut Free, Fat Free & Low Carbohydrate Diets All sweets that are produced for people with specific dietary needs are listed as 'Sugar Free,' 'Nut Free' etc, within the product description. This information is provided by the Manufacturer and not by USA Foods. We have only put this description if it says it directly on the box, there are other products that may be listed on the internet as for example Gluten Free, but USA Foods policy is it must be able to be read on the packaging to be in our categories and descriptions.
Best Before Dates We stock short shelf life items - the dates are always listed so please check before you buy. Once you buy them, they are not returnable, since the information is there on the web for you to see. This is why the choice is yours if you want them. Best by dates are put on by the manufacturers to advise you that the product is still good, but quality may decline. So please think about it before you buy!
While every effort is made to ensure that the Health info contained in this site is as accurate as possible, it is taken from the manufacturer and therefore we cannot guarantee any of the information. We would ask anyone with specific dietary requirements to exercise caution when ordering and always check the packaging before consuming if you have an allergy.