Terms & Conditions

Terms of Use

1 General

1.1 The following definitions apply in these Terms of Use, unless inconsistent with the context or otherwise specified:

"Business Day" means any day excluding Saturdays, Sundays and statutory public holidays in New Zealand.

"Courier" means any Courier or carrier engaged by us to deliver Products to you;

"Customer", "you" and "your" mean any person accessing and using the Website or making Product enquiries, orders or purchases, whether as principal or as agent for any other person and includes (where the context allows) any other person accepting delivery of the Products on behalf of you;

“Delivery Point” means the address stated in the confirmed order. If the address stated in the confirmed order is:

(a) a multi-level building, then the Delivery Point shall be located on the ground floor of such building; and

(b) a rural property, then the Delivery Point may not be the residence stated.

“GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985;

“Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof;

“Product” or “Products” refers to any products listed on the Website;

"Terms of Use" means this document as amended and updated on the Website from time to time;

“Website” means barkers.co.nz;

"us", "we" and "our" means Barker Fruit Processors Limited and any related company (as that term is defined under the Companies Act 1993).

1.2 Your access to, and use of, this Website is subject to these Terms of Use.

1.3 By using this Website you represent that you have read, understood and accepted these Terms of Use and agree to be bound by them.

1.4 The provisions of these Terms of Use are for the benefit of Barker Fruit Processors Limited and any related company (as that term is defined under the Companies Act 1993) and the directors, shareholders, employees, contractors and agents of Barker Fruit Processors Limited and any related company, and are intended to be enforceable against you by each of them in accordance with the provisions of subpart 1 of part 2 of the Contract and Commercial Law Act 2017.

1.5 Orders placed through this Website constitute legal offers to purchase, and are capable of being accepted by us without any further notice to you.

1.6 These Terms of Use shall prevail over any other document or arrangement relating to the subject matter.

2 Accounts

2.1 While you can order and purchase Products without creating an account with us ("Account"), to access some of the features of the Website and receive information on our Products and events, you will need to become a registered "Customer" by opening an Account.

2.2 We may accept or reject Account applications for any reason in our absolute discretion.

2.3 Your Account and the associated credentials (including email address, username and password) is for you only, and are not assignable or transferable to any other person. You must keep your credentials secure and confidential and not disclose them to any other person.

2.4 You are responsible and liable for any and all activities that occur through your Account (including orders placed using your Account). We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account credentials secure.

2.5 If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please Contact Us immediately and take immediate steps to re-secure your Account (including by changing your password).

2.6 We may, in our absolute discretion, suspend or terminate the ability of any Customer to purchase Products through this Website for any reason whatsoever.

3 Ordering

3.1 When making an order, you must follow the instructions on the Website as to how to make your order and for making changes to your order before you submit it.

3.2 Once an order is submitted and payment accepted the order cannot be cancelled under these Terms of Use for the ordered Products, unless we expressly agree otherwise in writing.

3.3 We have absolute discretion as to whether an order placed on its website is accepted and fulfilled. We may cancel an order for any reason whatsoever.

3.4 Once you select a Product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Website) the price you must pay including GST and any other charges, including any charges you must pay to have the Products delivered (where available and where we agree to do so) to the address provided by you. Unless otherwise stated all charges are in New Zealand dollars.

3.5 You acknowledge that, while we will endeavour to source all Products ordered by you, making and paying for an order does not guarantee the supply of the Products. We may reject or cancel any order, in whole or in part, including due to unavailability of stock. We will endeavour to let you know via the Website if we have insufficient stock to fulfil your order. If you provide us with your email address, we will endeavour to contact you when we have stock available.

3.6 If we reject or cancel your order before collection or delivery, we will promptly refund any payment already made by you to your original payment method.

4 Variation or cancellation of order

4.1 If you wish to cancel your order, after payment has been made we may charge a $20 cancellation fee and any other costs associated with the cancellation (including without limitation cost of the Courier returning the order to Auckland or Geraldine (whichever is closest to the customer)).

5 Payment

Method of Payment

5.1 You must pay for your order in full at the time of placing the order by one of the payment methods we accept on the Website. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.

5.2 By making an order, you expressly authorise us, before accepting your order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

Payment by credit card

5.5 If your credit card is declined by its financial institution, delivery of the relevant order will not be made, and we will contact you to make alternative payment arrangements.

5.6 We reserve the right to refuse payment from any particular Customer by credit card for any reason whatsoever in our absolute discretion.

5.7 We may from time to time set credit limits on you.

Adjustments

5.8 If you are invoiced an incorrect amount for any Product ordered, you will pay us or we will pay you (as applicable) the necessary adjustment to reflect the correct amount which should have been invoiced.

Debt collection

5.9 You are liable for all costs incurred by us in connection with debt collection where you default in payment for any order.

Change to payment policy

5.10 We may change at any time the way in which a Customer pays for Products without notice.

6 Trading hours

6.1 We will endeavour to process and ship your order as soon as reasonably practicable. As a general rule, any orders submitted through the Website will be processed on a Business Day, or if an order is submitted on a day which is not a Business Day, then the next Business Day.

6.2 You acknowledge that there may be delays in processing your order near Christmas and we will endeavour to contact and advise you of the delay if we anticipate any such delays outside the usual timeframes.

7 Security

7.1 We shall use our reasonable endeavours to prevent any unauthorised entry into this Website. However, we are not liable for any direct or indirect damage or loss whatsoever in connection with unauthorised access by a third party.

7.2 We use the Shopify Payments platform to securely authorise credit card payments before any charges are made. For further information regarding Shopify Payments and how it processes transactions, please visit Shopify security

8 Site content

8.1 Although efforts are made to ensure material on our Website is current, complete and accurate, to the extent permitted by law:

(a) the material is provided without any guarantees, conditions or warranties, express or implied;

(b) you should not rely on any information accessed using the Website to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information;

(c) due to photographic and screen limitations associated with the representation of products, some actual Products may differ to a small extent in visual appearance (for example in size or flavour) from the way they appear on the Website;

(d) we will not be liable for any loss or damage of any kind arising out of, or in connection with, the use of our Website by you, including reliance on any information on our Website by any visitor to our site, or by anyone who may be informed of any of its contents.

8.2 We may make changes to the information provided on this Website (including without limitation the prices, descriptions or Products) at any time and without notice.

8.3 We 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:

(a) the Products in that order are not available;

(b) there is an error in the price or the product description posted on the Website for the Product in that order; or

In the event of a cancellation by us, we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.

Product availability

8.4 Only limited quantities of our Products may be available. We may limit the sales of our Products per person or order (or generally) and we may supply Products by making them available for collection at our premises, at specified times, only; and/or place restrictions or prohibitions or impose additional requirements or costs for deliveries to any area, for a particular distance or generally.

8.5 We may delay or decline dispatch of orders that exceed reasonable household quantities due to stock limitations.

Specials

8.6 Prices and specials available on the Website may not necessarily be the same as the prices and specials available in-store. Any prices and specials available in-store will only apply to Products purchased through this Website if those prices or specials are specifically displayed on the Website, and vice versa.

8.7 Specials are subject to availability while stocks last. This Website does not allow back orders for specials that are out of stock.

9 Use and access to the Website

9.1 We do not warrant that the Website will be available at all times and without disruption, or that access to or use of the Website will be secure or error or fault free.

9.2 If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

9.3 You must not:

(a) edit or otherwise modify any material on the Website;

(b) republish or redistribute material from the Website (including republication on another website);

(d) reproduce, duplicate, copy or otherwise exploit material from the Website for a commercial purpose.

9.4 We may restrict access to the Website, in whole or in part, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.

9.5 You must not:

(a) use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website or the servers or networks that host the Website;

(b) use the Website, any material on the Website or any of our community areas, in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) post or transmit any information or material which in any way infringes or violates the rights of others or which is offensive, illegal, defamatory, threatening, invasive of privacy, obscene, discriminatory or otherwise objectionable;

We may, but are not obliged to, remove any content which we consider is in breach of the above provisions.

(d) use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(e) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent; or

(f) access or otherwise interact with the Website using any robot, spider or other automated means.

10 Faulty Products

Product quality

10.1 If we agree that a Product was delivered to you in a damaged or spoiled condition, we shall, at the request of you, refund the value of the relevant Product (as at the date on which the Product was originally ordered).

Product labelling information

10.2 All Products are sold in compliance with the labelling provisions of the Australia New Zealand Food Standards. If the Product delivered contains labelling information that does not meet with your requirements (e.g. ingredients, allergens, nutritional information etc.) we may, at our discretion, provide a refund or replacement Product to an equivalent value or less, upon presentation of the Product and accompanying online shopping invoice.

11 Delivery

Fees

11.1 In addition to the price of Products ordered, you shall pay us a delivery fee. This fee covers the costs associated with packing and delivery of your order. The fee shall be identified and included in the total price at the point of checkout. You acknowledge that the fee calculated at the point is checkout is automatically calculated and we may change this fee at any time, including after you have submitted and paid for the order.

11.2 For orders which are to be delivered to Waiheke Island, Great Barrier Island, Stewart Island or the Chatham Islands, we may adjust the delivery fee at any time to reflect the actual cost of delivery. If we adjust the delivery fee, you will be contacted prior to the order being delivered to confirm your acceptance of the revised delivery fee. We shall not be liable to you for any adjustment to the delivery fee or any delay resulting from the same. Further information can be obtained by reading our Shipping Policy for specific freight details.

Right to withhold delivery

11.3 We may withhold the delivery of any Products for any reason whatsoever. You will not be charged for Products that have been withheld until those Products are either picked up by you (if we allow) or alternative delivery arrangements are made.

Delivery and liability

11.4 The Products will be made available for collection at, or delivered to, our premises or the address stated in a confirmed order.

11.5 If Products are to be collected from our premises, you must collect those Products at the times stated in a confirmed order or as otherwise arranged with us. Collection may not be available at other times or days which are not Business Days.

11.6 If we agree to deliver Products to your requested address, you acknowledge that we engage third party carriers or Couriers to do so as your agent and at your risk and cost. We do not control those third party carriers or Couriers and their terms of carriage shall apply to the delivery of the Products.

Delay

11.7 Any time stated for delivery is an estimate only and, to the maximum extent permitted by law, we are not liable for any delay in delivery (howsoever caused). If we consider that the delivery of your order is likely to be substantially delayed, we may, but shall not be obliged to, contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may cancel the order.

11.8 If you do not collect the Products within 7 days of the collection date/time stated in a confirmed order or otherwise arranged with us, or immediately take delivery of the Products if we deliver them to your requested address, we may: (a) impose (and you will pay) a storage charge until you collect or take delivery of the Products; and/or (b) cancel the order and refund to you the price you paid for the Products, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs we incur).

Delivery Point

11.9 We will not deliver to any address outside New Zealand and we may not be able to deliver to some locations within New Zealand. If we are unable to deliver to your requested address, we will endeavour to inform you using the contact details that you provided to us when you made your order and arrange for cancellation and refund of the order in accordance with clause 11.7 above, or delivery to or collection from an alternative address.

11.10 If the Courier brings the Products inside your premises, beyond the Delivery Point, at the request of you, or other person accepting delivery of the Products on behalf of you, whether on any particular occasion or pursuant to a standing instruction or request, we shall not be liable for any direct or indirect damage or loss (including in negligence) suffered by you or any third party in doing so. In addition, you indemnify us for any direct or indirect damage or loss (including in negligence) that we incur in connection with any third party claim arising out of or in connection with any deliveries outside of the Delivery Point.

11.11 You shall ensure that their Delivery Point is easily accessible to Couriers, and that it is safe for those Couriers to enter the premises and complete the delivery. If in the Courier’s opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and you will be contacted to make alternative arrangements. We may charge you an additional delivery fee in respect of any deliveries repeated under this clause. If alternative arrangements acceptable to us are not reached, you will be deemed to have cancelled the order and may incur a $20 cancellation fee.

11.12 Title and risk in the Products shall pass to you upon the same being unloaded at the Delivery Point.

11.13 You must notify us on 0508 BARKERS (0508 227537) or at onlineshop@barkers.co.nz immediately if you wish to change the Delivery Point. We will deliver your order to the new delivery address, unless it has already been sent out for delivery. If the cost to deliver to the new address is more than the original delivery cost, we will charge you the difference in cost and we may withhold delivery until we have received payment of the same from you.

Incorrectly or undelivered Products

11.14 If any Product delivered does not correspond with a Product ordered, you may:

(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from you for the order containing the incorrect Product; or

(b) reject the incorrectly-delivered Product, in which case we will, at the request of you, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).

11.15 If you reject an incorrectly-delivered Product in accordance with sub-clause (b) above, we may collect the incorrectly-delivered Product from you. If you are unable, or refuse, to deliver up the Product when requested, we may charge you for that Product.

11.16 If you have been charged for a Product that has not been delivered, if the Product is in stock, we will, at the request of you, re-deliver that Product at no extra charge to you. Alternatively, you may cancel the order of such Product (or if the Product is out of stock we may cancel the order for that Product) (in each case without incurring any cancellation fee), and we will refund the value of the relevant Product (as at the date on which the Product was ordered).

12 Warranties and our liability

12.1 If the Consumer Guarantees Act 1993 applies, these Terms shall be read subject to your rights under that Act.

12.2 Where you are acquiring the Products for the purposes of a business (as provided in sections 2 and 43 of the Consumer Guarantees Act 1993) that Act shall not apply.

12.3 Except as set out in these Terms or otherwise expressly agreed in writing, all conditions, representations, warranties, terms and undertakings, whether express or implied, are excluded to the maximum extent permitted by law. Without limiting the preceding sentence, we give no representation or warranty concerning any description, condition, quality or fitness for purpose of any Products.

12.4 If, despite the exclusions above, we are liable for any defect in the Products or their supply, our obligations are limited, at our option, to replacing the Products or refunding the price paid by you for those Products.

12.5 Except as expressly set out in these Terms, to the extent permitted by law our maximum aggregate liability arising out of or in connection with the Website, these Terms of Use or the supply of Products, whether in contract, tort (including negligence) or otherwise, will not exceed the price paid by you for the Products the subject of the relevant claim (or $100 if the claim does not concern Products supplied by us to you).

12.6 Notwithstanding any other provision of these Terms of Use, in no event will we be liable, whether in contract, tort or otherwise for any indirect or consequential loss, or for any loss of income, profit, savings or goodwill (whether direct or indirect) or special or exemplary damages.

12.7 We are not liable, and you cannot cancel any order, for any delay or failure to supply Product caused directly or indirectly by any event or circumstance beyond our reasonable control (including fire, accident, earthquake, flood, drought, adverse weather conditions, crime, war, blockade, civil commotion, epidemic, strike, lockout or labour dispute, shortage of fuel, power or raw material, inability to procure stock or transport, or acts or omissions by regulatory authorities).

12.8 Notwithstanding any provision of these Terms of Use, you agree to indemnify us against all liabilities, losses, claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of the your use of this Website, any breach of these Terms of Use, or the delivery or failure to deliver any Products.

13 Intellectual Property

13.1 All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to this Website and its contents is owned by, and shall at all times remain the exclusive property of, us, its licensors and the providers of any other products and services accessible through this Website, and is protected by New Zealand and international law. You do not have any rights in or to such intellectual property rights.

14 Privacy

14.1 We are committed to respecting your privacy. We will always collect, store, use and disclose personal information in accordance with applicable privacy laws. However, we have also put in place a Privacy Policy to protect personal information you submit or we collect.

15 Third party links

15.1 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 us. We do not monitor the content of any other website and we are 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 the Website.

15.2 You may link to our home page on a website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation, but you must not suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site.

15.3 We reserve the right to withdraw linking permission without notice.

16 Variation of these Terms of Use

16.1 From time to time this Website may vary these Terms of Use without notice. Please check these Terms of Use periodically for changes. Your continued use of this Website after the Terms of Use have been changed indicates your acceptance of those changes.

17 Governing Law

17.1 New Zealand law governs the use of this Website and these Terms of Use.