Terms & Conditions

The following Terms and Conditions (together with any linked/referred to documents and policies) apply any time the customer (“you”, “your”) visits The Tea Box (“we”, “us”, "our") website, purchases any of our products or signs up to any of our promotions, newsletters, or Rewards programmes (together, the “Online Services”).  

While we endeavour to ensure information is accurate, errors and omissions may occur. Accordingly, we do not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation, or omission, whether negligent or otherwise, contained on or accessed through the Online Services. 

We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended. We therefore recommend that each time you access the Site you read these Terms and Conditions and policies. 

Material that you see on the Online Services may be protected by copyright, trademark, patent, or other protections, even if it is not stated to be. 

If you would like to get in contact with us, please email us at: info@theteabox.co.nz 

How do I agree to your Terms and Conditions? 

These Terms and Conditions govern your use of our Site so please read them carefully before ordering any products from our Site. You should understand that by ordering any of our products or engaging in our Online Services that you are deemed to have read and agreed to these Terms and Conditions and any policies stated on this Site.  

Please tick the checkbox in the shopping cart to accept these Terms and Conditions. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any products from our Site.

What can I use the Online Services for?

Our Online Services allow you to find information about The Tea Box, our products and services, promotions, competitions and purchase our products. We are not responsible for any results arising from the use our Online Services for any other purposes.

Sale of goods

These Terms and Conditions apply to all products and services displayed on our Site at the time you access it. This includes all products listed as “out of stock”. All information, descriptions, or images that we provide about our products are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all products we provide. You agree to purchase products from our Site at your own risk. 

After completing the order process on our Site, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that an order has been accepted.

An order will relate only to the product or products you have ordered. 

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. We reserve the right to accept or reject an order for any reason, including if the requested product is not available, or if there is an error in the price or product description shown on the Site or in an order. 

If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

On occasions, our suppliers may not be able to provide us with products that we require for our business. We will always endeavour to foresee this, but if this occurs, we will be unable to provide or deliver some products. In these cases, we will not be liable for any loss or damage when products are unavailable or unable to be delivered.

You are not permitted to purchase any items for resale to a third party or for trade purposes. Products are available only in New Zealand and all amounts are in New Zealand Dollars.

Price

From time to time, we may need to revise the retail price of our products. The current prices of our products and our delivery charges will be as quoted on our Site and updated from time to time. Product prices and delivery charges are in New Zealand Dollars and include GST.

Payment

Payment for all products, services and shipping must be by credit card or any other payment method listed on the online checkout page of our Site. Orders will be charged to your nominated payment method. It is your responsibility to ensure your accepted payment method details are valid and up to date. It is your responsibility to ensure that sufficient funds are available at the time of payment processing.

We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity has occurred. We reserve the right to terminate your order/s or account following this investigation.

Shipping and Returns Policy

You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil orders you place with us. 

We will aim to deliver within the timeframe specified. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. 

Please take care when placing your order. We accept no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply. 

If a product delivered does not correspond with your order, we may require this product to be returned to us. Please contact us and we will remedy the situation. This also applies to undelivered products.

Our Shipping and Returns Policy can be found here.

You will be responsible for your order after the time we deliver the products in accordance with your instructions. We accept no liability or responsibility for any product once the product has been delivered to you.

Product quality 

Food products supplied will be labelled with a ‘best before’ date as required by law. Please check all ‘best before’ dates on arrival. 

In establishing that a product was damaged or spoiled on delivery to you, we may require photographic evidence and/or a sample of the damaged or spoiled product. Please refer to the “Returns Policy” above.

Prep and Cooking times 

Prep time, cook times and total times are based on the results of recipe tests conducted by us. These times are indicative only and individual consumer results may vary.

Nutrition Information 

All Nutrition Information provided is an approximation. They are calculated using the suggested volumes of ingredients provided by us and, where applicable, common household ingredients that are supplied by the customer, used in our suggested volumes. All information is calculated as accurately as possible.

Ingredients List 

All Ingredients Lists have been compiled as accurately as possible. These rely on third party data. We have endeavoured to ensure the accuracy of this information but cannot guarantee its accuracy.

The Tea Box Account 

Access to some Online Services may require registration. You can complete this registration via the Site by providing your nominated email address and the other requested information. 

This will result in your email address being allocated as a username that must be used whenever requested and a personal account being created.  That username is personal to you and is the means by which you will access the Online Services and your account.  

When you create an account on our Site you agree to the following: 

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account, and
2. All personal information you provide to us through your account is up to date, accurate, truthful, complete and not false, misleading, or deceptive in any material way, and that you will update your personal information if it changes. 

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions. 

To the maximum extent permitted by law, we will not be liable, whether in contract, tort or otherwise, for any loss, damage or injury arising directly or indirectly from any use of the Online Services or your account, or any third party gaining unauthorised access to your personal information.

Change of your details 

We are not liable for any charges you incur as a result of out-of-date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense. 

You understand that we may at any time in our sole discretion and without prior notice to you, prohibit or restrict your access to our Online Services or your account.

We will use reasonable endeavours to keep the Online Services free from viruses and from unauthorised access.  However, we do not guarantee that our Online Services will always operate uninterrupted or error-free or that any files available for downloading by you will be error-free or free from viruses, faults, or defects.

Promotional material and Rewards programme 

When you make a purchase from our Site you will automatically be added to our mailing list. When you make a purchase from our Site, when you sign up to our Newsletter mailing list or to our Rewards programme, you agree to receive promotional material and updates from us. You can opt out of receiving promotional material by following the “unsubscribe” link at the end of a promotional email, or by contacting us.

Intellectual Property 

Our Online Services contain intellectual property and other proprietary information. We either own or are authorised to use the intellectual property in everything that you hear, read, download, or access on or via our Online Services (including messages, files, data, software, images, photographs, and other material). These works are protected by copyright and other intellectual property laws and all such rights are reserved. You are not permitted to do anything which infringes these intellectual property rights (such as copying, modifying, reproducing or reposting content, our logo, our Site (or any part of it)) nor permit any other person to do so without our prior written consent.

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 material, 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 to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your comments, on the Site and in any advertising or social media outlets which we may create or contribute to. 

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

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 be unlawful, offensive, abusive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, nor contain any computer virus or other malware that could in any way affect the operation of our Site or any related website. You may not use a false email 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.

What about links to other sites? 

Our Site may contain links to other websites (linked websites). Those linked websites are provided for convenience only and may not remain current or be maintained. 

The linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we stipulate to the contrary. 

We have not reviewed all the sites that may be linked to our Online Services.  We are not responsible for the content or accuracy of any off-site page or other sites linked to our Online Services. The inclusion of a linked website on our Site does not mean we endorse it, and you use the link at your own risk. 

To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the linked websites and your use of them or any products or services available on or through the linked websites.

Things you must not do

You must not disrupt or interfere with our Online Services, servers, or other software, hardware or equipment connected to or our Online Services. You must not break any relevant law which applies to the use of our Online Services. If you do any of these things or otherwise use our Online Services inappropriately or maliciously, you will indemnify us for any loss we suffer in connection with your actions.

Information on our Online Services

We will endeavour to keep information on our Online Services as accurate and up to date as possible. However, our Online Services may have some material which is not accurate or up to date in all respects, or errors or omissions may occur. For this reason, we do not warrant the accuracy or completeness of the information and, to the extent we are able to by law, we do not accept any liability for any errors on our Online Services. 

We may update information on our Online Services at any time and without notice. Products and promotions advertised on our Online Services are subject to availability and while stocks last.

We disclaim (to the maximum extent permitted in law) all liability for any damage or loss resulting from your use of, or reliance on, our Online Services or the information provided via our Online Services.

Risk

All goods are carried at the Purchaser’s risk and the Purchaser is responsible for any insurance of products (if required). The Tea Box accepts no liability for any default or delays in the delivery of the order or any part of it.

Collection of Personal Information and your Privacy

We may need to obtain personal information from you in the course of providing Online Services to you. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained. 

Our Privacy Policy, sets out how we can collect, hold and use your personal information. This Privacy Policy forms part of these Terms and Conditions.

How might these Terms and Conditions be changed?

We can change these Terms and Conditions at any time, without notice to you, by updating them on our Site. The revised terms will take effect when they are posted, and your continued use of our Online Services means you agree to our revised Terms.

Governing law and disputes

Our Online Services are governed by New Zealand law.  If we have any issues which need to be resolved by a court, you agree to the exclusive jurisdiction of New Zealand courts.

Force Majeure Events

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event). 

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks;
• epidemic, pandemic or other health emergency (whether declared or not); and
• the acts, decrees, legislation, regulations or restrictions of any government. 

Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.

Disclaimer and Limitation of Liability

The following paragraphs exclude or limit our liability from your use of our Site.

While we have taken all reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on our Site, that information is provided in good faith and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information. 

On occasions, due to powers beyond our control, the products you receive may vary from those displayed on our site. 

To the extent permitted by law, we do not represent or warrant that our Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system from use of our Site. 

You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system. 

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

The collection, use and disclosure of your personal information is also subject to our Privacy Policy. 

To the extent permitted by law, we (The Tea Box and our directors, employees, agents, subsidiaries and affiliates) do not accept responsibility for any actions, claims, losses, damages, liabilities and expenses, including legal fees, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site, any linked website, any of our products and services, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site. 

To the extent permitted by law, our total aggregate liability in connection with these Terms and Conditions is limited, at our option, in the case of the supply of products - replacement or resupply of the products and in any event, will not exceed the fees paid by you to us under the relevant order. 

To the extent permitted by law, under no circumstances will we (the Tea Box and our directors, employees, agents, subsidiaries and affiliates) be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions. 

Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. 

To the extent permitted by law, by using our Site you indemnify and hold harmless The Tea Box and our directors, employees, agents, subsidiaries and affiliates from any actions, claims, losses, damages, liabilities and expenses, including legal fees, arising out of your use of our Site or your violation of these Terms and Conditions.

Transfer of Rights and Obligations

You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent. 

We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.

General

These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications. 

Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership. 

Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. 

Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions. 

If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining Terms and Conditions will be unaffected. 

These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand.

If you have any questions or comments about these Terms and Conditions, you can contact us at info@theteabox.co.nz