Terms & Conditions

These terms and conditions apply solely to FreshChoice Online Shopping. Separate terms and conditions apply to other websites hosted by us, such as FreshChoice.co.nz.

GENERAL
1. Definitions
  1. “Collection Point” means, for delivery orders, an outside area of your house, such as your front door, or any particular outside area specified by you on a particular product order form. If the Premises are a multi-level building, the Collection Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated; and for Click and Collect orders, it means the point in the applicable FreshChoice store where customers pick up their orders.
  2. "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing FreshChoice Online Shopping who is not registered to use FreshChoice Online Shopping.
  3. "Fulfilment Fee" means the fee you as the customer must pay to have your order picked and packed.
  4. "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
  5. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trade mark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
  6. "Login" means a Customer's personal email address and password used to access FreshChoice Online Shopping under that Customer's registration.
  7. "Products" means the products for sale in FreshChoice Online Shopping.
  8. "Store Policies" means the store policies of FreshChoice Online Shopping, set out in the section of the same name on FreshChoice Online Shopping.
  9. "FreshChoice " means the respective FreshChoice franchisee storeWoolworths New Zealand Limited, which is the seller of the Products.
  10. "FreshChoice Group" means each FreshChoice franchisee store and Wholesale Distributors Limited (“WDL”) as the franchisor of the FreshChoice network of FreshChoice franchisee stores , WDL’s related companies, and directors, officers, employees or agents of FreshChoice franchisee stores and WDL
  11. "FreshChoice Online Shopping" means this internet site owned by FreshChoice, being the medium by which Products are offered for sale online by FreshChoice to the Customer.
2. Use of FreshChoice Online Shopping subject to Terms and Conditions
  Your access to, and use of, FreshChoice Online Shopping is subject to the following terms and conditions. By using FreshChoice Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through FreshChoice Online Shopping constitute legal offers to purchase, and are capable of being accepted by FreshChoice without any further reference to the Customer.
3. Terms and Conditions to prevail
  These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policies.
4. FreshChoice discretion to accept registration
  FreshChoice has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
5. FreshChoice discretion to accept orders
  FreshChoice has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. FreshChoice may cancel an order for any reason whatsoever. Where an order is cancelled by FreshChoice, FreshChoice will make reasonable efforts to notify the Customer of the cancellation. The Customer will receive a refund of the value of the order.
6. Registration and access costs
  No costs are payable to register to use FreshChoice Online Shopping with exception to the fulfillment fee, but Customers are responsible for any costs incurred in using FreshChoice Online Shopping, including any charges imposed by their internet service provider.
7. Suspension or Termination
  FreshChoice may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through FreshChoice Online Shopping for any reason whatsoever.
8. Customer liable for every order
  Customers are liable for every order made under their Login.
9. Trading hours
  An order submitted by a Customer before 1:00 pm on Anzac Day or at any time on Good Friday, Easter Sunday or Christmas Day shall not be accepted by FreshChoice immediately at checkout but shall be deemed to have been accepted by FreshChoice at 1:05pm on Anzac Day or 12:05 am on the day following Good Friday, Easter Sunday or Christmas Day (as the case may be).
10. Trade not supplied
  Unless otherwise agreed, Customers may not purchase Products through FreshChoice Online Shopping for the purpose of resale.
11. Security of information
  FreshChoice shall use its reasonable endeavours to prevent any unauthorised entry into FreshChoice Online Shopping. However, no member of the FreshChoice Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into FreshChoice Online Shopping, except where any member of the FreshChoice Group, or its employees or agents, have acted negligently or fraudulently.
  
  Why is FreshChoice Online Shopping safe?
  FreshChoice Online Shopping uses Secure Socket Layer (SSL) secure encryption to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data, it is stored on secure e-commerce servers, so that your personal details are not accessible from the internet by any third party. Payment card details are not stored on our servers. Safe payment systems - FreshChoice uses safe payment systems to securely authorise credit card payments before any charges are made. For further information regarding the safe payment systems and how it encrypts and processes transactions, please contact your FreshChoice Store.
12. Site content
  While FreshChoice has endeavoured to ensure that the information provided on FreshChoice Online Shopping is free from error, no member of the FreshChoice Group warrants its accuracy, adequacy or completeness, and no member of the FreshChoice Group shall be responsible or liable for any error in, or omission from, the information provided on FreshChoice Online Shopping. We reserve the right to make changes to the information provided on FreshChoice Online Shopping at any time and without notice.
13. Use of the site
  The Customer agrees not to use FreshChoice Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on FreshChoice Online Shopping for their own personal use but otherwise neither FreshChoice Online Shopping, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without FreshChoice s’ prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of FreshChoice Online Shopping, or damage the operation of FreshChoice Online Shopping, or FreshChoice s’ systems or those of other persons who use FreshChoice Online Shopping, whether by way of a virus, corrupted file, any other software or program, or otherwise.
PRICE
1. Pricing: The Customer shall pay FreshChoice for the Products ordered at the price displayed at the time the order is submitted, unless FreshChoice notifies the Customer, at any time, that an error has been made in the price displayed. Subject to any error made in the display of prices, no adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered, except where:
  1. Certain items such as fruit and vegetables or pre-packed weighed items like meat, poultry and cheese do not come in consistent weights; or
  2. Some items in your order may not be available at the time of picking and therefore may need to be substituted.
    
    The actual price you will pay is the price charged in store when your order is picked by your personal shopper. In these cases, any adjustments made to the total price of your order will be communicated on the invoice which accompanies the purchased Products via email.
2. Currency
  The prices of Products are displayed in New Zealand currency.
3. Prices inclusive of GST The prices of the Products are inclusive of GST and any other sales tax.
4. Fulfilment fee
  In addition to the price of Products ordered, the Customer shall pay FreshChoice a Fulfilment Fee. This Fulfilment Fee covers the costs associated with picking, packing and the delivery of your order. The Fulfilment Fee shall be identified and included in the total price at the point of checkout. FreshChoice may change this Fulfilment Fee at any time, and may reduce this Fulfilment Fee if the Customer collects the Products ordered and this has been previously agreed to by FreshChoice .
  For orders in excess of reasonable household quantities (whether in respect of any one Product or the total size of the order), FreshChoice reserves the right to adjust the Fulfilment Fee to reflect the actual cost, Whether any order exceeds a reasonable household quantity or not will be determined by FreshChoice in its absolute discretion. If FreshChoice chooses to adjust the Fulfilment Fee, the Customer will be contacted prior to the order being delivered to confirm acceptance of the revised fee. Deliveries of such orders will not be made unless and until this confirmation is obtained. No member of the FreshChoice Group shall be liable to the Customer for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.
5. Variation of order and price: If the Customer requests a variation to the order under clause 6.1 which FreshChoice accepts, then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.
6. FreshChoice may set credit limits
  FreshChoice may from time to time set credit limits for individual Customers.
PRODUCT AVAILABILITY, RANGE, DEALS AND QUALITY
1. Product availability Every effort will be made to fulfil orders placed with FreshChoice Online Shopping, but no member of the FreshChoice Group shall be liable to any person if FreshChoice is unable to or declines to supply a Product for any reason whatsoever.
  FreshChoice reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly. FreshChoice may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
2. Product range
  FreshChoice reserves the right to limit the range of products available online.
3. Deals
  Deals are subject to availability while stocks last. FreshChoice Online Shopping does not allow back orders for deals that are out of stock.
4. Product substitution
  If FreshChoice is unable to or declines to supply a Product ordered by a Customer, FreshChoice may, except if the Customer otherwise directs by de-selecting the "Substitutions are OK" box at the online checkout, substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.
  If FreshChoice cannot make a substitution on this basis, FreshChoice may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.
  FreshChoice reserves the right to refuse to substitute any particular Product for any reason whatsoever.
5. Product quality
  If FreshChoice agrees that a Product was delivered to a Customer in a damaged or spoiled condition, FreshChoice shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered).
6. Product labelling information
  All Products are sold in compliance with the labelling provisions of the Australia New Zealand Food Code. If the Product collected contains labelling information that does not meet with the Customer’s requirements (e.g. ingredients, allergens, nutritional information etc.), the Customer may return to their nearest FreshChoice Supermarket for a refund, or replacement Product to an equivalent value, upon presentation of the Product and accompanying online shopping invoice.
PAYMENT
1. Method of payment
  Customers must pay FreshChoice for the Products purchased by credit card. FreshChoice Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.
2. Payment by credit card
  If a Customer's credit card is declined by its financial institution, collection of the relevant order will not be offered, and FreshChoice will contact the Customer to make alternative payment arrangements. FreshChoice reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
3. Adjustments
  If a Customer is invoiced an incorrect amount for any Product ordered, FreshChoice shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4. Debt collection
  The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.
5. Change to payment policy
  FreshChoice may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.
6. Vouchers
  Gift vouchers may be purchased online, however, Christmas vouchers may not be purchased through FreshChoice Online Shopping.
7. ID
  FreshChoice reserves the right to request the Customer to provide photographic identification to receive the Products and to refuse delivery of the Products if the credit card holder details do not match with the Customer receiving the Products.
VARIATION/CANCELLATION OF ORDER
1. The Customer may vary or cancel the order up to the point in time that FreshChoice has commenced packing the order by contacting the FreshChoice store that the online shopping order has been placed with.
2. FreshChoice may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
  1. the Products in that order are not available; or
  2. there is an error in the price or the Product description posted on the Site for the Product in that order; or
  3. we reasonably believe your order has been placed in breach of these terms and conditions.
3. In the event of a cancellation by FreshChoice, FreshChoice will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
PROPERTY/RISK
1. Products Property and risk in the Products shall pass to the Customer on delivery to the customer at the Collection Point.
2. Login The Customer shall keep their Login details safe and confidential at all times.
WARRANTIES
Subject to clause 14 and any provisions in the Consumer Guarantees Act 1993 and Fair Trading Act 1986, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law.
The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of the FreshChoice Group other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of the FreshChoice Group assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.
LIABILITY AND INDEMNITY
The provisions contained in this clause 8 are subject to clause 13 to the extent applicable.
1. Product liability Subject to any statutory rights available under law, including under the Consumer Guarantees Act 1993, the FreshChoice Group shall not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of FreshChoice 's obligations hereunder.
2. No liability for indirect loss No member of the FreshChoice Group shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, FreshChoice Online Shopping, or the delivery or failure to deliver any Products.
3. Indemnity Notwithstanding any other term, the Customer agrees to indemnify each member of the FreshChoice Group against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of the FreshChoice Group, as a result of any breach by the Customer of these terms and conditions, or caused by the Customer.
SPECIAL PRODUCTS
1. Tobacco
  If the Customer's order includes any tobacco Product, the Customer warrants that he/she is over the age of 18 years and legally entitled to purchase any such Product.
2. Alcohol If the Customer's order includes any liquor Product, the Customer warrants that he/she is over the age of 18 years and legally entitled to purchase any such Product, and that he/she is not under the influence of alcohol at the time the order is submitted.
3. Restrictions on use of login to purchase tobacco or alcohol products
  The Customer shall ensure that no person or persons shall use his/her Login to purchase any tobacco or alcohol Product if that person or those persons cannot truthfully give the warranty in clause 9.1 or 9.2 (as the case may be) as if they were the "Customer" for the purposes of those clauses.
4. Right to seek verification
  If a Customer submits an order containing tobacco or alcohol Products, FreshChoice may contact that Customer to verify their age. If FreshChoice is not satisfied as to the ability of the Customer to truthfully give the warranty in clause 9.1 or 9.2 (as the case may be), FreshChoice reserves the right to cancel the order.
5. Acceptance of orders containing tobacco or alcohol
  The Customer shall ensure that a person over the age of 18 years, and, in the case of orders containing alcohol, not under the influence of alcohol, is available to accept collection of any order containing tobacco or alcohol. FreshChoice Group may request the person accepting the order of the Products to produce satisfactory evidence of their age. If such evidence is not produced, FreshChoice Group may refuse to supply the tobacco or alcohol Product ordered. FreshChoice reserves the right to charge Customers an additional Fulfilment Fee to re-supply such Products.
  If a Customer does not wish for any such Product to be re-supplied:
  1. FreshChoice will refund the value of that Product (as at the date on which the Product was ordered);
    and
  2. FreshChoice may refuse to complete supply if no person is present at the Collection Point to accept an order containing tobacco or alcohol, or if FreshChoice has reasonable grounds to believe that the supply would have the effect of supplying tobacco or alcohol to persons under 18 years of age. The non completion of a supply in accordance with this clause will be at the sole discretion of FreshChoice.
    FreshChoice reserves the right to charge Customers an additional Fulfilment Fee to re-supply such Products.
    
    If a Customer does not wish for any such Product to be re-delivered, FreshChoice will refund the value of that Product (as at the date on which the Product was ordered).
INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to FreshChoice Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, FreshChoice, its licensors and the providers of any other products and services accessible through FreshChoice Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.
FORCE MAJEURE
If the performance by FreshChoice 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 (whether similar to the foregoing or not) beyond the reasonable control of FreshChoice) FreshChoice shall be excused from such performance to the extent of such prevention.
PRIVACY ACT
FreshChoice me may hold personal information about you through your use of FreshChoice Online Shopping, visiting our store or otherwise engaging with us. Please refer to our Privacy Notice for more information.
CONSUMER GUARANTEES ACT
The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by FreshChoice . The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
LINKS TO AND FROM OTHER WEBSITES
1. Links to third party websites Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by the FreshChoice Group. The FreshChoice Group does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than FreshChoice Online, https://www.woolworthsnz.co.nz/ or www.FreshChoice.co.nz.
2. Hyperlinks
  The Customer agrees that it will not create a hyperlink to FreshChoice Online Shopping without Woolworths New Zealand Ltd's express written permission. If a Customer does create a hyperlink to FreshChoice Online Shopping, that Customer is responsible for all losses any member of the FreshChoice Group may suffer as a result of that link, whether direct or indirect. Linking to FreshChoice Online Shopping is at the Customer's own risk. The Customer agrees that they shall not frame any part of FreshChoice Online Shopping by including advertising or other revenue generating material.
VARIATION OF TERMS AND CONDITIONS
From time to time FreshChoice Online Shopping may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of FreshChoice Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes.
GOVERNING LAW
New Zealand law governs the use of FreshChoice Online Shopping and these terms and conditions.