TERMS

AND CONDITIONS

MEALS:

 

DELIVERY 

Delivery Monday & Thursday- Cancellation by 11pm Friday prior 

Once we have begun production of your meal pack from these times we will not accept any cancellations of your order.

General Artisan Kitchen Heat & Eat Meals Terms:

This page (together with the documents referred to on it) sets out the terms and conditions (Terms) on which Artisan Kitchen will deliver to you; meals (together the Food) ordered from Artisan Kitchen's Site www.artisankitchen.co.nz (the Site) (together the Services). Please read these Terms carefully before placing your order.

 

By ordering any of Artisan Kitchen’s Food, you agree to be bound by these Terms. You agree to be subject to the Terms in force from time to time. Artisan Kitchen will notify you by email of any significant changes to Artisan Kitchen’s Terms via email.

You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment. 

Product Pricing and Title 

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
We reserve the right to alter all products pricing without notice.


Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.


HEALTH


The information provided by Artisan Kitchen is not medical advice nor a substitute for medical treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or other Artisan Kitchen publications, including social media bulletins. This includes any advice Artisan Kitchen provide to you by email, over the telephone or in person.
Artisan Kitchen food is healthy and is made with ingredients low in allergens; but if you have any health concerns or allergies we advise seeking advice from a trained professional prior to consuming. 


However, if you have any type of food allergy, Artisan Kitchen ask that you refrain from eating Artisan Kitchen Food.


ORDER PROCESS

After registering to the Services on the Site, you will receive an e-mail acknowledging that Artisan Kitchen has received your order.


The contract between us (Contract) will only be formed after Artisan Kitchen have debited your payment card and confirmed receipt of your order by email. Any products which Artisan Kitchen has not confirmed in the email will not form part of the Contract and any suitable arrangements for a refund will be made at Artisan Kitchen’s discretion.
Artisan Kitchen reserves the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.


Unless otherwise indicated during the order process, payment can be made by any credit or debit card. Artisan Kitchen reserve the right to include additional charges where certain cards are used, such as (but not limited to) American Express or other international credit cards. 


Should a payment to Artisan Kitchen be requested to be returned by your bank, Artisan Kitchen reserves the right to charge you a fee for the returned payment.


When you pay for your order by card, Artisan Kitchen carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carrying out these checks.


RISK AND TITLE

The Food will be at your risk from the time of delivery.
Ownership of the Food will pass to you upon delivery after Artisan Kitchen has received full payment.

Artisan Kitchen shall not be deemed responsible for any theft of the Food from the delivery address.


Artisan Kitchen expressly disclaims all liability which may arise by virtue of the Food being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.


PRICE 

The price of the Food and Artisan Kitchen delivery charges will be as quoted on the Site from time to time.
Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.
Artisan Kitchen reserve the right to increase the price of the Food to reflect any increase in the cost to us due to any factor beyond Artisan Kitchen’s control (such as, and without limitation, the cost of transporting the Food to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture).


WARRANTIES 

Artisan Kitchen warrant that any Food purchased from us through Artisan Kitchen’s Site will, on delivery; conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Food of that kind is commonly supplied.
You warrant that any and all of the Food ordered by you is for your personal use only and not for resale.

PRIVACY POLICY


At Artisan Kitchen, we will not share your information without your permission. Our Privacy Policy will explain what information we collect when you visit our site, how we use that information, and what choices you have about how that information is used. We urge you to read our entire Privacy Policy so that you will understand our commitment to you and your privacy.

Information You Voluntarily Provide:


PERSONAL & CONTACT INFORMATION


When you place an order on our Site, we collect your name, email address, mailing address and credit card number. The personally identifiable information we collect when you place an order or register for membership on our Site may be used for any of the following purposes: (1) to fulfill your requests for products and services; (2) to notify you of order, delivery, and shipment statuses; (3) to provide you with offers from Artisan Kitchen; (4) to contact you when necessary; (5) to review Site usage and operations; (6) to address problems with the Site, our business or our products and services; and (7) to protect security or integrity of the Site and our business.


LIABILITY


Artisan Kitchen will not accept liability for any loss or damage that is not foreseeable.
Nothing in this agreement excludes or limits Artisan Kitchen’s liability for:
death or personal injury resulting from negligence;
fraud or fraudulent misrepresentation;
Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
Defective Food under the Consumer Protection Act 1987; or
for any other matter in respect of which liability cannot by applicable law be limited or excluded.
Artisan Kitchen attempts to identify ingredients that may cause allergic reactions for those with food allergies. In addition, you can select to exclude items that Artisan Kitchen has identified as possible allergen-containing ingredients. However, there is always a risk of contamination. Customers concerned with food allergies need to be aware of this risk


Artisan Kitchen make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.


Artisan Kitchen cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. In particular,
Artisan Kitchen will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Site or you downloading any material posted or sold on the Site or from any website linked to it. 


You agree to fully indemnify, defend and hold us, and Artisan Kitchen’s officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of the Site.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.


Indemnity


By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.

Waiver


Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
Jurisdiction
These terms & conditions shall be interpreted, construed and enforced in accordance with New Zealand law and shall be subject to the exclusive jurisdiction of the New Zealand Courts.

Force Majeure

 

If the performance by Artisan Kitchen of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Artisan Kitchen) Artisan Kitchen shall be excused from such performance to the extent of such prevention.

CATERING: WEDDINGS AND FUNCTIONS

TERMS AND CONDITIONS  for MC & T PARTNERSHIP T/A ARTISAN KITCHEN.

Because we want to be sure that your event is successful and all your expectations for it are met, it is important that we (the “Caterer”) set out the terms and conditions on which we will provide our services to you (the “Customer”).

 

The initial quote is based on each customer’s initial instructions to us.  If these alter after the initial quotation a new estimate maybe submitted.

 

CONFIRMATION OF EVENT REQUIREMENTS


All of the Customer’s requirements for the event including food and beverage requirements, event times, venue set ups, and the number of guests attending must be received by the Caterer no later than ten (10) days  prior to the event.  The costs for any special extra equipment, installation, or venue set up that may be required for the event shall be payable by the Customer and any such installation or venue set up shall be carried out by a person approved to do so by the Caterer’s manager.

CONFIRMATION OF GUEST NUMBERS


On enquiry the customer must provide to the Caterer an estimate of the number of guests attending the event.

The Customer must confirm to the Caterer a guaranteed minimum number of guests attending the event no later than ten (10) days prior to the event.

The Caterer reserves the right to charge to the Customer’s account all catering, refreshments, equipment, and outdoor entertainment on the basis of this guaranteed minimum number of guests, regardless of whether or not the guaranteed minimum number of guests actually attends the event.

By agreement between the Caterer and the Customer, the number of guests attending the event may be increased up to 24 hours prior to the event, and any such agreed increase in guest numbers will be charged for and paid by the Customer accordingly.

 

PAYMENT


Unless otherwise agreed between the Caterer and the Customer in writing:

Payments will be accepted by way of direct credit into the Caterer’s bank account (please include invoice number reference and name)
Unless otherwise agreed by the Caterer, the terms of payment are as follows:


A non-refundable deposit of $500 is required for a wedding and 20% non-refundable deposit for any other catering and is payable by the Customer to the Caterer to secure your date; and


The final invoice must be paid no later than seven (7) days prior to the event; and, if payment is not made in accordance with these terms, the Caterer reserves the right to cancel the event upon giving two (2) working days notice in writing.


Unless otherwise stated, all pricing is inclusive of Goods and Services Tax (GST).

CANCELLATIONS


If the Customer cancels the event for any reason, then the following conditions apply:

Notice of cancellation must be given to the Caterer in writing;
The booking fee is non-refundable if the event is cancelled for any reason.


If the cancellation notice is given less than two (2) months prior to the event, the Customer will incur a cancellation fee equal to 20% of the total estimated costs of the event, of which the non-refundable deposit will form part;


If the cancellation notice is given less than one (1) month prior to the event, the Customer will incur a cancellation fee equal to 50% of the total estimated costs of the event, of which the deposit will form part;


If any form of entertainment or outside services has been booked by the Caterer for the event, a full charge for these services will be incurred by the Customer, at the discretion of the Caterer.


CARE OF VENUE


The Customer will take good care of and will not cause or allow any damage to be done to any place where the event is held (“venue”), or to any part or parts of such venue, or to any fittings, equipment, or other property at the venue, and the Customer will make good and pay for any damage whatsoever (including accidental damage), which is caused by any act or default or neglect of the Customer or by any of the Customer’s guests, or by any person attending the venue by reason of its use by the Customer for the event.

Unless otherwise agreed by the Caterer, the Customer will be responsible for cleaning the venue at the end of the event and returning the venue to the condition it was in at the commencement of any hire or other arrangement.

CATERER’S LIABILITY


Under no circumstances whatsoever will the Caterer accept responsibility or be liable for any damage or loss:

of or to any property, goods, articles or things placed, deposited, brought into or left at any venue, either by the Customer, the Customer’s guests or by any person attending the venue by reason of its use by the Customer for the event;
which is incurred or suffered by the Customer because the Caterer is unable to perform its obligations under this Agreement by reason of any act of God, fire, storm, breakdown of machinery, failure of electricity supply, water leaks, operation of law or any other cause beyond the control of the Caterer, or which may cause the venue to be temporarily closed or the use of the venue by the Customer to be interrupted or cancelled.


CUSTOMER’S LIABILITY


The Customer will be liable for and will indemnify and keep indemnified the Caterer from and against any and all loss or damage incurred by the Caterer (other than fair wear and tear) which is a direct result of any unlawful, negligent or other act of the Customer, or the Customer’s guests attending the event, or any other person attending the venue by reason of its use by the Customer for the event.

AGREEMENT


The terms of this Agreement as set out above are hereby accepted by the Customer and the Caterer. By paying your non-refundable deposit you are deemed to have read and understood these.

 

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TERMS & CONDITIONS   HOW TO ORDER    REFUND POLICY   CONTACT


Artisan Kitchen, 20 Schnell Drive, Palmerston North

 HELLO@ARTISANKITCHEN.CO.NZ

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