Website Terms and Conditions

Orders

(a) Commercial Orders

This website is designed to enable our Customers to easily purchase our Products for normal household and fruit for boxes for offices

(b) Large Orders

This applies to orders in excess of reasonable household or workplace office quantities, we reserve the right to notify you of the increased Fulfilment Fee that we propose to charge, to reflect the actual cost of delivery, which would need to be agreed by you prior to delivery.

Specific Terms and Conditions

1. Price

A.  Estimated price and actual price

The Order total shown in your “trolley” before you place your Order on the Magic Fresh Online Shopping Site is an estimated total only. Your order confirmation email that we send you will also note your total estimated order value. You must pay us for the Products ordered at the price displayed as the total estimate order value at the time the Order is submitted, unless we notify you, 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 can increases or decreases between the time the Order is submitted and the time when that Product is picked and invoice is issued, except where:

B. Weight consistency

Certain items such as fruit and vegetables does not come in consistent weights. In this case the actual price you will pay is the price charged as per 100g/kg price that applied when the Order was submitted i.e in cases where the actual price of your Order is more or less than the original estimate value, we will charge you the actual price for those Products;

C. Substitute product

Some Products in your Order may not be available at the time of picking and therefore may need to be substituted. If you have allowed substitutes, we will try to replace the unavailable product with a similar product of equal or higher value, but we will only charge you at the price of the originally requested Product. Only as a last resort, will we substitute with a lower value product. In this case, we will charge you for the lower value Product.

2. Trading hours

An Order submitted before 11:00 am can be accepted for the same day delivery and pick up. An order submitted after 11:00am will be delivered the following business day and pick up.

3. GST

Unless otherwise specified, the prices of Products are displayed in New Zealand currency and are inclusive of GST and any other sales tax.

4. Online Only Offers

Pricing displayed on products on Magic Fresh's Online Shopping Website can only be redeemed through Magic Fresh Online Shopping and such pricing does not apply to the same products in physical store

Privacy policy

We are committed to protecting your personal information in accordance with this Privacy Policy and the Privacy Act 1993 (as amended and replaced from time to time).  If you have any questions, please contact us 

What personal information do we collect?

1. Types of information that we collect 

The personal information that we collect may include:

(a) your name, address, phone number, email address, age and gender;

(d) what, how and when you buy from us or have expressed an interest in buying from us;

(e) your likely preferences, for example whether you may be interested in particular products;

(f)   information you provide to enter a promotion; and

(h)     any other information that you authorise us to collect.

1. Payment card information 

When you use your debit or credit card to make purchases from us, we may collect and hold your payment information.  This information is held in an encrypted and secure manner and in compliance with the Payment Card Industry Data Security Standards (PCIDSS).

How do we collect personal information?

Generally, we only collect personal information directly from you. For example, when you:

(a)     visit our Website

(b)     participate in a survey or promotion; and

(c)     communicate with us, including online and on the phone.

How do we use personal information?

We may use your personal information to:

(a)        provide services to you, such as processing and delivering your Magic Fresh Online orders;

(b)        send you direct marketing, by post and electronic means, including by email.  

(c)        assist you to access new channels for delivery of, and access to, our services;

(d)        assist us in investigating your claims, complaints and enquiries; and

(e)         for any other purpose that you authorise.

When does this Privacy Policy apply and can it be updated?

Application of this Privacy Policy 

This Privacy Policy applies to any personal information that we collect when you interact with us, including when you visit our store, or join our website. 

Updates to this Privacy Policy

We may need to update this Privacy Policy in future to reflect changes to applicable law or changes to our Programmes. If we update this Privacy Policy, we will notice of the change by publishing our updated Privacy Policy on our Website

Acceptance of these Terms by using our Site

By using this Site, you acknowledge that you have read, understood and accepted these Terms and the Privacy Policy, and agree to be bound by them.

From time to time we may update or revise these Terms. If we update these Terms, we will provide notice of the change by publishing our updated Terms on the Site. 

 Product Availability, range, specials and quality

Product availability

We will do what we reasonably can to fulfil Orders placed on the Site, but no member of the Magic Fresh shall be liable to any person if we are unable to, or decline, to supply a Product for any reason whatsoever.

Limit on quantities

We reserve the right to limit quantities able to be ordered by you, or delivered to you. If your Order is reduced in accordance with this clause, the price payable by you for that Order will be adjusted accordingly. 

Product range

We reserve the right to limit the range of Products available to certain areas.

Specials and Promotions

Products on special or promotion are subject to availability while stocks last.

Product quality

If a Product was delivered to you in a damaged or spoiled condition (we may request photographic evidence of this), we will, at your request, refund the value of the relevant Product to you (as at the date on which the Product was originally ordered or next business day) and in some circumstances provide a further refund to enable you to replace the product on your next shop. You must contact us within 48 hours of delivery of the Product in order to make a claim under this clause.

Product labelling information

All Products are sold in compliance with the labelling provisions of the New Zealand Food Code. If the Product delivered contains labelling information that does not meet with your requirements (e.g. ingredients, allergens, nutritional information etc.), you may return to Magic Fresh Store for a refund, or replacement Product to an equivalent value, upon presentation of the Product and accompanying online shopping invoice.

 Payment

Method of payment

You must pay us for the Products purchased by direct debit or by credit card. Magic Fresh Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.

Payment by direct debit

We are currently not accepting any new Direct Debit requests. Please feel free to shop at Magic Fresh Online using your credit or debit card.

Payment by credit card

If your credit card payment is declined by your financial institution, delivery of the relevant Order will not be made, and we will contact you to make alternative payment arrangements. We reserve the right to refuse to accept payment from you by credit card for any reason.

Adjustments

If you are invoiced and pay an amount that is higher than the final amount of your Order, we shall make the necessary adjustment to the invoice and refund any amount that may be due to you.

Debt collection

If you default in payment for any Order, you are liable for all costs associated with debt collection.

Change to payment policy

We may change at any time the way in which you need to pay for Products, and any change will be notified to you prior to the change coming into effect.

Delivery

1. Right to withhold delivery

We reserve the right to withhold the delivery of any Products to you for any reason. You will not be charged for Products that have been withheld until those Products are either picked up by you (if Magic Fresh permits) or alternative delivery arrangements are made.

Delays to delivery

We will do what we reasonably can to deliver your Order within the timeslot selected by you. If it is not possible for us to deliver your Order within the timeslot you have selected, we will try to contact you using the contact information you provided to us during registration (or subsequently updated by you). 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 any Product delivered does not correspond with a Product ordered, you may as an option:

1. 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
2. reject the incorrectly-delivered Product, in which case we will, at your request, either refund the value of the Product that was originally ordered (as invoiced) or replace that Product with the Product that was originally ordered.

Undelivered Products

If you have been charged for a Product that has not been delivered, 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 set out in the invoice). 

 Collecting your own Order

You agree to comply with the collection requirements specified in this clause and such other requirements that we notify to you when you place your Pick up Order through the Site:

1. you must collect your Order from the store and during the time slot selected placed on your Order;
2. photographic identification and a signature must be provided when you collect your Order; and
3. the card used for payment is required to be shown when you collect your Order.

 Another person collecting your Order

If you will not be the person collecting your Order, then your representative must provide us with proof of their identity (including photographic identification) and, where relevant, age. Acceptable forms of identification are:

1. 18+ HANZ Card;
2. New Zealand Driver’s Licence; or
3. Current passport

Lack of appropriate identification

If you, or the person collecting your Order, do not supply the appropriate identification or the relevant card of purchase, we may not allow collection of your Order. 

Magic Fresh Delay

We will do what we reasonably can to make your Order available for pick-up within the timeslot selected by you. If it is not possible for us to make your Order available for pick-up within that timeslot, we will try to contact you using the contact information you provided to us during registration (or subsequently updated by you. If that timeframe is unacceptable to you, you may cancel the Order, without incurring any fee for doing so.

Late Customer Pick ups

We understand that, for reasons outside of your control, you may not be able to pick up your Products on time. Any orders that have not been picked up will be removed and may be stored separately by us for a limited time. If you know you are going to be late to pick up your Products, please call us.

Record of identification

You acknowledge that we may record the details of any identification provided in relation to collection of Products.