Acceptance of
Terms & Conditions

These terms and conditions are governed all supply of goods and services ("products") by "we" Tuteru Kai Catering (Tuteru Enterprise), to "you", the purchaser of goods and services from us, including your use of the website at www.tuterukai.nz . They are effective from the 3rd of May 2021 and will replace all earlier {Tuteru Enterprise} terms & conditions of trade or any conditions contained in any document used by purporting to have contractual effect.

We reserve the right to change these terms of trade at any time. Notice be given by posting the revised terms and conditions on our website here.

To make a purchase from our online shop you must be 18 years of age or over. A minimum order of $250 is required.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, or have the authority to order on behalf of a company employed by, to do so (as stated below), and you must not acquire goods from us via the website for resupply (whether in trade or otherwise, unless a contractual agreement is in place).

If you are purchasing on behalf of another entity such as a company, you warrant you have the authorisation to do so and agree to these terms and conditions on behalf of the entity.

Food & Safety

The health and safety of our customers are at the forefront of our business. Due to the nature of our business, where kai is prepared in a mixed foods kitchen, Auckland Council regulations and the Food Control Plan (FCP), verification (grading) we hold, means that we are restricted from stating our kai is free from allergens and must provide the following warning e.g., may contain traces of allergens. We purchase ingredients from third parties and although we check ingredients, we cannot be completely sure they are free from allergens that may be harmful. We ask that you do not order from us, if anyone you are ordering for suffers from food allergens or intolerances.

Availability & Supply

All orders are subject to availability of those products or services offered, that from time to time, items may be substituted with similar items. If for any reason a product is not available, we will endeavour to notify the customer of product shortage or the inability to source the purchased or requested product - we will offer an alternative option which will be to the same or higher value, if you do not want the alternative option you will be refunded the cost of the unavailable item/s. We have the right to change items, unless we have a specific request that we have agreed to.

Pricing

All prices are in New Zealand dollars and are exclusive of Tax ("GST") unless stated to be otherwise. All prices are correct at the time being published. We reserve the right to alter prices at any time except those already purchased, or a price has already been agreed upon.

An invoice/receipt will be provided to you at the time of sale from the online platform/payment gateway {Stripe}. You are responsible for ensuring that your contact details and delivery details are correct at the time of sale.

Payments

For private catering services and events, a 20% deposit is required at the time of booking and the remaining balance at least 7 days prior to the scheduled event date - if this is not paid by the due date, the booking will be cancelled with loss of the deposit and/or other payments made by the customer.
Company accounts must be cleared in full, by the terms agreed upon when "we" {Tuteru Kai Catering}, completed a supplier form.  A late payment fee of $20 may be enforced 60 days late from due date, and 10% of invoice thereafter the 60 days has past.

We accept direct debit and the following credit cards:
Visa, MasterCard and American Express


Credit Card Security

All online payments are processed through "Stripe", our chosen secure payment gateway/platform. High levels of security are provided for customers peace of mind and ease, please view stripes privacy and terms and conditions at the following link: https://stripe.com/privacy-center/legal

Changes, Cancellations, and Refunds

We will try to work with the customer, to come to a mutual agreement to uphold a sustainable relationship. A minimum of 7 days notice is required for a full refund on cancellation, any less will may incur loss of deposit and any other payments made depending on whether product ingredients has already been purchased.  Whereby changes and amendments are requested and accepted will also depend on whether product ingredient/s have been purchased for the order, if the customer still requests changes, there may be an added cost to the customer. If "we" {Tuteru Kai Catering} have made an error, we will make every effort to correct it, which may entitle the customer to a full refund or credit in good faith. All changes, cancellations, and refunds will be considered on a case-by-case basis.

Delivery

The delivery fee is charged at a flat rate of $30, which will be added at checkout and stated on the  invoice/receipt summary in your online shopping cart. Please ensure you have checked that your details are correct at the time of sale. We take no responsibility of non-delivery to the customer who has provided the incorrect details. We will not be held responsible for any loss incurred due to non- delivery of order due to incorrect details provided by the customer. We only deliver to physical addresses within Auckland, New Zealand.

We will make every effort to ensure that orders are delivered on the specified day and time requested, however we have no control over unforeseen circumstance e.g., traffic hazards, road closures, parking or any act of god, we refuse any liability or loss caused due to these circumstances.

Liability Limitations

Where you acquire or hold yourself as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us, we, our employees, contractors and agents will not be liable to you for loss or damage of any kind unless we accept and agree that we are at fault.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy Policy and Confidentiality

Unless you opt-out to receive messages from us, we may contact you again in future. If you have opt to receive ongoing communications and at a later date you no longer wish to receive these communications, you will be able to opt-out by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at https://tuterukai.nz/

If
we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have provided to us.

 

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