Terms of service

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

This website is NZ owned and operated by Avocado To You

“Customer” Means the person who purchases fruit using your login “Avocado To You” Means www.avocadotoyou.co.nz

“GST” Means Goods & Services Tax chargeable in accordance with the Goods & Services Tax Act 1985

“Login” Means a customer’s personal email address and password used to access Avocado To You

“Fruit” Means products for sale on the Avocado To You website

By using Avocado To You you agree that you have read, understood and accepted these terms and conditions. All Fruit and other products supplied by Avocado To You will be in accordance with these terms and conditions and Avocado To You has the right to change these terms and conditions from time to time.

Avocado To You has the discretion to decline any order placed or cancel any order for any reason.

Customers are liable for every order made under their login.

Avocado To You takes steps to ensure the information provided on its website is correct, however there is no warranty in this regard and Avocado To You will not be liable for any error or omission. All photos show a representation of appearance of the product, but there is likely to be variations within a variety.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - PRICE

The customer will pay Avocado To You for the fruit ordered at the price displayed on the website at the time the order is submitted together with all shipping costs.

Shipping Costs are determined by location. For rural areas there may be an additional fee.

In the event the customer has selected an incorrect shipping option, Avocado To You reserves the right to refuse or cancel the order, or to charge for any additional shipping costs. The customer will be notified if there is any additional delivery charge for their order.

The prices of fruit and shipping costs are in New Zealand currency and are inclusive of GST.

If Avocado To You is unable to supply the fruit ordered, Avocado To You will refund the Customer’s payment or provide a similar alternative on customers approval.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCT QUALITY

The customer acknowledges Avocado To You is selling perishable goods. Avocado To You will, at its discretion, replace any damaged fruit or provide a refund provided the customer lets Avocado To You know within 48 hours of receiving the damaged fruit. If requested by Avocado To You you need to provide a photo of damaged fruit before any refund or replacement.

Avocado To You will not be liable for damage to fruit as a result of it being incorrectly stored or handled after delivery.

SECTION 6 - PAYMENT

Customers must pay for the fruit purchased either by internet banking or by credit card before their order will be dispatched.

The customer is liable for all costs associated with debt collection.

Avocado To You does not keep on record any customers credit card details.

Customers with a Avocado To You account who receive invoice billing are required to pay on the stated due date. Avocado To You will charge interest of 3% per month and debt collection charges on any accounts not paid by the due date.

SECTION 7 -  DELIVERY

Avocado To You reserves the right to withhold delivery of any product for any reason whatsoever.

Deliveries will be made to the address and location the customer has identified on the order and once left at the specified address the fruit will be deemed to be delivered.

The customer will ensure Avocado To You or its agent is able to deliver where instructed by the Customer.

Avocado To You endeavours to dispatch all orders on Tuesday each week. If a customer has not received an order the following the nearest Tuesday after placing the order they are required to contact Avocado To You. In the event the customer receives an incorrect order the customer is required to notify Avocado To You within 24 hours of receipt and failure to do so will deem acceptance of the fruit delivered by Avocado To You. If the customer contacts Avocado To You within 24 hours Avocado To You will arrange for replacement of the correct fruit if it is available.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.]

SECTION 9 -  LIABILITY AND INDEMNITY, PRODUCT LIABILITY & LIABILITY OF Avocado To You

Avocado To You is not liable for any loss, damage or injury arising directly or indirectly from any fruit. Avocado To You is not liable for any consequential injury or loss of any kind arising from the customer’s use of Avocado To You or the delivery or failure to deliver fruit.

SECTION 10 -  INDEMNITY

The customer agrees to indemnify Avocado To You against all liabilities, losses, claims and expenses arising directly or indirectly out of the customer’s use of the Avocado To You site or delivery or failure to deliver any product.

SECTION 11 -  USE OF COOKIES BY Avocado To You

Google Analytics

These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where the visitors have come to the site from and the pages they visited.

SECTION 12 - GUARANTEE

If the customer is not completely satisfied with the quality of Avocado To You fruit after delivery, Avocado To You will provide a replacement or a refund.

SECTION 13 -  REFUNDS

Avocado To You does not refund you if you change your mind. Please refer to refund policy.

SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Please see above for information on replacement of damaged goods.

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Avocado To You, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Avocado To You and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.