Terms of trade
Southern Fruits International LP Terms and Conditions of Service
We reserve the right to change these terms and conditions at any time by posting the revised terms and conditions on our website.
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.
Authorisation of purchase
If you are purchasing on behalf of another entity such as a company, you warrant you have the authorisation of the card holder to agree to these terms and conditions on behalf of the entity.
It is your responsibility to check all details on your order confirmation. If anything is incorrect please contact us immediately, so we can update your order.
For businesses please enter your Floor or Level within "Company Name" should these not show within address validation.
Should you not receive an order confirmation email the moment you have completed your order online please contact us as we need to ensure you have used the correct email address. This is important as you will receive order, payment and dispatch confirmation email including the tracking information for the courier to your supplied email address.
Availability and supply
All orders are subject to availability. Our cherries are grown by nature and nature doesn’t always cooperate, for example we cannot harvest cherries in the rain. So, if for any reason a product is not available, we will announce the non-availability on our website and remove the option to purchase at any time at our discretion without notice. If your order cannot be dispatched due to non-availability, we will endeavour to notify you of the delay and supply as soon as it becomes available.
Preferred delivery date
We will endeavour to deliver your order on your preferred delivery date.
New Zealand Couriers complete 98% of overnight deliveries on time but some RD addresses may take longer. If you have a rural address it is likely that your order takes up to 3 additional days for delivery.
When possible please provide a non-rural delivery address. We cannot accept quality claims for deliveries to rural addresses as the transit time is too risky.
If the recipient is not at home on a selected preferred delivery date or has provided an invalid address, Southern Fruits International LP cannot accept responsibility. We will always do our best with what is within our control.
Delivery address off the mainland New Zealand (North & South Island) are not covered by the overnight service.
All prices are in New Zealand Dollars and inclusive of GST. All prices are correct when published. We reserve the right to alter prices at any time.
A payment receipt will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
We only deliver to registered New Zealand addresses.
Payment / Credit Card Security
Our credit card payment gateway adheres to the Payment Card Industry Data Security Standard (PCI DSS) which is an information security standard for organizations that handle the major card schemes including Visa, MasterCard and American Express.
PCI-DSS requirements help ensure the secure handling of credit card information by our website and its service providers.
Delivery and tracking
Completion of your order is subject to availability, which includes the availability of fruit being ready to pick (see Availability and supply) as well as the operational capacity of New Zealand Couriers.
To track your order please visit Track and Trace - NZ Couriers Parcel Tracking | NZ Couriers and enter the tracking number which was contained in your dispatch confirmation email.
Our cherries are picked to order fresh every day and can therefore not be returned to stock.
Once an order has been placed and payment completed, it cannot be cancelled. Before confirming payment please ensure all details are correct.
Complaints / Refund Policy
If you are not happy with your cherries or are experiencing delivery issues, please email us on firstname.lastname@example.org
If you are unhappy with the quality of the fruit, we ask that you provide photographic evidence to email@example.com. Please include pictures which clearly show the quality of the fruit, and a photo of the sticker on the side of the box which indicates variety and further information for our QA team. We will not offer a refund or replacement if a customer is not happy with the size of their cherries.
Please note that not all orders will be refunded or replaced; each case will be individually assessed. In the case where we deem the customer to not be at fault we will provide a refund OR replacement, but not both.
We will not refund or replace cherries where incorrect information has been supplied and Southern Fruits International LP is not at fault.
Any complaints regarding fruit quality must be lodged within 24 hours of receiving your order.
Should your order not arrive on your preferred delivery date, please note that this does not warrant a refund. We will always attempt to deliver based on your preferred delivery date, however should we have a rain event, restriction by couriers or another event outside of our control, we will ensure delivery will be as close to your preferred delivery date as possible.
Where you acquire or hold yourself out as acquiring produce 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 and provide complete and accurate information 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, email or phone.
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 defective produce or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
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.