Terms and Conditions
SPECIAL PROMOTION TERMS AND CONDITIONS
Additional charge applies for delivery.
Only one offer or deal may be used per order.
CANCELLATION; TERMINATION
We may terminate or change any or all of the benefits available under this Member Program at any time with or without notice.
1. GENERAL
We apologise in advance for those that 'may' die of old age while reading this. Unfortunately it is a necessary evil of business. In general if you have any issue with your order please call your store immediately to talk to the owner / manager and if you have no love from them e-mail Mama mama@mamabrown.co.nz
1.1 Definitions
Your access to, and use of, the MAMA BROWN website and online ordering system is subject to the following terms and conditions. By using the MAMA BROWN
1.3 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.
1.4 MAMA BROWN's discretion to accept registration
MAMA BROWN has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 Registration and access costs
No costs are payable to register to use the MAMA BROWN website and online ordering system but Customers are responsible for any costs incurred in using the MAMA BROWN website and online ordering system including any charges imposed by their internet service provider.
1.6 Suspension or termination
MAMA BROWN may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through the MAMA BROWN website and online ordering system for any reason whatsoever.
1.7 Customer liable for every order
Customers are liable for every order made under their Login.
1.8 Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through the MAMA BROWN website and online ordering system for the purpose of resale.
1.9 Security of information
MAMA BROWN shall use its reasonable endeavours to prevent any unauthorised entry into the MAMA BROWN website. However, no member of SB 11 LTD will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Why is the MAMA BROWN website and online ordering system safe? Safe technology systems - the MAMA BROWN website uses an internationally recognised encryption protocol 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 a secure server behind a managed firewall so that your personal details are not accessible from the internet by any third party.
Safe payment systems - MAMA BROWN uses "Paystation" to securely authorise credit card payments before any charges are made. For further information regarding "Paystation" and how it encrypts and processes transactions, please visit www.paystation.co.nz.
1.10 Site content
While MAMA BROWN has endeavoured to ensure that the information provided on the MAMA BROWN website and online ordering system is free from error, no member of SB 11 LTD warrants its accuracy, adequacy or completeness, and no member of SB 11 LTD shall be responsible or liable for any error in, or omission from, the information provided on the MAMA BROWN website and online ordering system.
We reserve the right to make changes to the information provided on the MAMA B website and online ordering system at any time and without notice.
1.11 Use of the site
The Customer agrees not to use the MAMA BROWN website for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on the MAMA BROWN website for their own personal use but otherwise neither the MAMA BROWN website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without MAMA BROWN's prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of the MAMA BROWN website, or damage the operation of the MAMA BROWN website, or MAMA BROWN's systems or those of other persons who use the MAMA BROWN website whether by way of a virus, corrupted file, any other software or program, or otherwise.
2. PRICE
2.1 Pricing
The Customer shall pay MAMA BROWN for the Products ordered at the price displayed at the time the order is submitted. 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.
Prices and specials available on the MAMA BROWN website may not necessarily be the same as the prices and specials available in MAMA BROWN's stores. Any prices and specials available in MAMA BROWN's stores will only apply to Products purchased through MAMA BROWN's website if those prices or specials are specifically displayed on the MAMA BROWN website, and vice versa.
MAMA BROWN may vary the prices of the Products at any time without notice.
2.2 Currency
The prices of Products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Delivery Fee
In addition to the price of Products ordered, the Customer shall pay MAMA BROWN a delivery fee. This fee covers the costs associated with the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. MAMA BROWN may change this fee at any time.
2.5 Adjustments to price
The Customer will be notified of any adjustments made to the total price of their order on the invoice or receipt, which will accompany the purchased Products on delivery.
2.6 MAMA BROWN may set credit limits
MAMA BROWN may from time to time set credit limits for individual Customers.
3. PRODUCT AVAILABILITY, RANGE, SPECIALS AND QUALITY
3.1 Product availability
Every effort will be made to fulfil orders placed with MAMA BROWN's website and MAMA BROWN's online ordering system, but no member of the SB 11 LTD shall be liable to any person if MAMA BROWN is unable to or declines to supply a Product for any reason whatsoever.
3.3 Specials
Specials are subject to availability while stocks last. MAMA BROWN's website and MAMA BROWN's online ordering system, does not allow back orders for specials that are out of stock.
3.4 Product quality
If MAMA BROWN agrees that a Product was delivered to a Customer in a damaged or spoiled condition, MAMA BROWN 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). As per the MAMA BROWN service guarantee.
4. PAYMENT
4.1 Method of Payment
Customers must pay MAMA BROWN for the product purchased. MAMA BROWN's website and MAMA BROWN's online ordering system accepts all credit cards for payment. Credit Cards must be sighted upon delivery.
Alternative methods of payment - If you do not wish to use your credit card to pay for orders you place at www.mamabrown.co.nz you may pay by cash. Cash payments must be handed over to a MAMA BROWN employee upon delivery or pick-up prior to goods being received. EFTPOS payment is only available to those paying and picking the order up from a MAMA BROWN store.
4.2 Payment by credit card
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and MAMA BROWN will contact the Customer to make alternative payment arrangements.
NEW customers who are paying for their delivery by credit card will be asked to provide 2 forms of identification. The said credit card and a photo ID, ie drivers license, passport for signature verification.
Orders placed for PICKUP are to be paid in store upon collection of goods. MAMA BROWN will not accept pickups paid for by credit card prior to collection or paid on the internet by credit card for collection. In these two instances the customer upon receipt of the goods must swipe their card through the in store terminal and sign in front of a member of staff for verification.
MAMA BROWN reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
4.4 Adjustments
If a Customer is invoiced an incorrect amount for any Product ordered, MAMA BROWN shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.5 Debt collection
The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.
4.6 Change to payment policy
MAMA BROWN 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.
5. DELIVERY
5.1 Right to withhold delivery
MAMA BROWN reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if MAMA BROWN permits) or alternative delivery arrangements are made.
5.2 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of SB 11 LTD shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of SB 11 LTD for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
MAMA BROWN shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
5.3 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to MAMA BROWN's couriers, and that it is safe for those couriers to enter the Customer's premises in order to 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 the Customer will be contacted to make alternative arrangements. MAMA BROWN reserves the right to charge Customers an additional delivery fee in respect of any deliveries repeated in accordance with this clause.
5.4 Change of address
The Customer shall notify MAMA BROWN of a change to its delivery address.
5.5 Delivery deemed to have taken place
Subject to clause 10.5, if no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
5.6 Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case MAMA BROWN will, at the request of the Customer, 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).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), MAMA BROWN reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, MAMA BROWN reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, MAMA BROWN will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock MAMA BROWN may cancel the order for that Product) (in each case without incurring any cancellation fee), and MAMA BROWN will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted in accordance with clause 3.4.
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
The Customer may vary or cancel the order up to the point in time that MAMA BROWN has commenced cooking the order by contacting MAMA BROWN (04 384 3604). If the Customer wishes to cancel the order after the order has been cooked and packed, the Customer will need to pay the full amount owing or as agreed with the franchisee.
7. PROPERTY/RISK
7.1 Products
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
7.2 Login
The Customer shall keep their Login details safe and confidential at all times.
8. WARRANTIES
8.1 Warranties
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 SB 11 LTD 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 SB 11 LTD 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.
9. LIABILITY AND INDEMNITY
9.1 Product liability
The liability of SB 11 LTD 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 MAMA BROWN's obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
9.2 No liability for indirect loss
No member of SB 11 LTD 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, the MAMA BROWN website, or the delivery or failure to deliver any Products.
9.3 Indemnity
Notwithstanding any other term, the Customer agrees to indemnify each member of SB 11 LTD against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of SB 11 LTD, arising directly or indirectly out of the Customer's use of the MAMA BROWN website, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
10. INTELLECTUAL PROPERTY
10.1 Intellectual Property
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the MAMA BROWN website, MAMA BROWN's online ordering system, the MAMA BROWN brand, promotional items and its contents is owned by, and shall at all times remain the exclusive property of MAMA BROWN, its licensors and the providers of any other products and services accessible through MAMA BROWN 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.
11. FORCE MAJEURE / Covering our evil ass
11.1 Force Majeure / Covering our evil ass
If the performance by MAMA BROWN of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, acts of satan, 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, earth destroyed by god or other, flood, meteorite, termites, or any other dangerous mites, aliens, mankind, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of MAMA BROWN), MAMA BROWN shall be excused from such performance to the extent of such prevention.
1.3 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.
1.4 MAMA BROWN's discretion to accept registration
MAMA BROWN has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 Registration and access costs
No costs are payable to register to use the MAMA BROWN website and online ordering system but Customers are responsible for any costs incurred in using the MAMA BROWN website and online ordering system including any charges imposed by their internet service provider.
1.6 Suspension or termination
MAMA BROWN may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through the MAMA BROWN website and online ordering system for any reason whatsoever.
1.7 Customer liable for every order
Customers are liable for every order made under their Login.
1.8 Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through the MAMA BROWN website and online ordering system for the purpose of resale.
1.9 Security of information
MAMA BROWN shall use its reasonable endeavours to prevent any unauthorised entry into the MAMA BROWN website. However, no member of SB 11 LTD will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Why is the MAMA BROWN website and online ordering system safe? Safe technology systems - the MAMA BROWN website uses an internationally recognised encryption protocol 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 a secure server behind a managed firewall so that your personal details are not accessible from the internet by any third party.
Safe payment systems - MAMA BROWN uses "Paystation" to securely authorise credit card payments before any charges are made. For further information regarding "Paystation" and how it encrypts and processes transactions, please visit www.paystation.co.nz.
1.10 Site content
While MAMA BROWN has endeavoured to ensure that the information provided on the MAMA BROWN website and online ordering system is free from error, no member of SB 11 LTD warrants its accuracy, adequacy or completeness, and no member of SB 11 LTD shall be responsible or liable for any error in, or omission from, the information provided on the MAMA BROWN website and online ordering system.
We reserve the right to make changes to the information provided on the MAMA BROWN website and online ordering system at any time and without notice.
1.11 Use of the site
The Customer agrees not to use the MAMA BROWN website for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on the MAMA BROWN website for their own personal use but otherwise neither the MAMA BROWN website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without MAMA BROWN's prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of the MAMA BROWN website, or damage the operation of the MAMA BROWN website, or MAMA BROWN's systems or those of other persons who use the MAMA BROWN website whether by way of a virus, corrupted file, any other software or program, or otherwise.
2. PRICE
2.1 Pricing
The Customer shall pay MAMA BROWN for the Products ordered at the price displayed at the time the order is submitted. 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.
Prices and specials available on the MAMA BROWN website may not necessarily be the same as the prices and specials available in MAMA BROWN's stores. Any prices and specials available in MAMA BROWN's stores will only apply to Products purchased through MAMA BROWN's website if those prices or specials are specifically displayed on the MAMA BROWN website, and vice versa.
MAMA BROWN may vary the prices of the Products at any time without notice.
2.2 Currency
The prices of Products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Delivery Fee
In addition to the price of Products ordered, the Customer shall pay MAMA BROWN a delivery fee. This fee covers the costs associated with the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. MAMA BROWN may change this fee at any time.
2.5 Adjustments to price
The Customer will be notified of any adjustments made to the total price of their order on the invoice or receipt, which will accompany the purchased Products on delivery.
2.6 MAMA BROWN may set credit limits
MAMA BROWN may from time to time set credit limits for individual Customers.
3. PRODUCT AVAILABILITY, RANGE, SPECIALS AND QUALITY
3.1 Product availability
Every effort will be made to fulfil orders placed with MAMA BROWN's website and MAMA BROWN's online ordering system, but no member of the SB 11 LTD shall be liable to any person if MAMA BROWN is unable to or declines to supply a Product for any reason whatsoever.
3.3 Specials
Specials are subject to availability while stocks last. MAMA BROWN's website and MAMA BROWN's online ordering system, does not allow back orders for specials that are out of stock.
3.4 Product quality
If MAMA BROWN agrees that a Product was delivered to a Customer in a damaged or spoiled condition, MAMA BROWN 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). As per the MAMA BROWN service guarantee.
4. PAYMENT
4.1 Method of Payment
Customers must pay MAMA BROWN for the product purchased. MAMA BROWN's website and MAMA BROWN's online ordering system accepts all credit cards for payment. Credit Cards must be sighted upon delivery.
Alternative methods of payment - If you do not wish to use your credit card to pay for orders you place at www.mamabrown.co.nz you may pay by cash. Cash payments must be handed over to a MAMA BROWN employee upon delivery or pick-up prior to goods being received. EFTPOS payment is only available to those paying and picking the order up from a MAMA BROWN store.
4.2 Payment by credit card
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and MAMA BROWN will contact the Customer to make alternative payment arrangements.
NEW customers who are paying for their delivery by credit card will be asked to provide 2 forms of identification. The said credit card and a photo ID, ie drivers license, passport for signature verification.
Orders placed for PICKUP are to be paid in store upon collection of goods. MAMA BROWN will not accept pickups paid for by credit card prior to collection or paid on the internet by credit card for collection. In these two instances the customer upon receipt of the goods must swipe their card through the in store terminal and sign in front of a member of staff for verification.
MAMA BROWN reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
4.4 Adjustments
If a Customer is invoiced an incorrect amount for any Product ordered, MAMA BROWN shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.5 Debt collection
The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.
4.6 Change to payment policy
MAMA BROWN 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.
5. DELIVERY
5.1 Right to withhold delivery
MAMA BROWN reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if MAMA BROWN permits) or alternative delivery arrangements are made.
5.2 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of SB 11 LTD shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of SB 11 LTD for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
MAMA BROWN shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
5.3 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to MAMA BROWN's couriers, and that it is safe for those couriers to enter the Customer's premises in order to 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 the Customer will be contacted to make alternative arrangements. MAMA BROWN reserves the right to charge Customers an additional delivery fee in respect of any deliveries repeated in accordance with this clause.
5.4 Change of address
The Customer shall notify MAMA BROWN of a change to its delivery address.
5.5 Delivery deemed to have taken place
Subject to clause 10.5, if no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
5.6 Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case MAMA BROWN will, at the request of the Customer, 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).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), MAMA BROWN reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, MAMA BROWN reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, MAMA BROWN will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock MAMA BROWN may cancel the order for that Product) (in each case without incurring any cancellation fee), and MAMA BROWN will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted in accordance with clause 3.4.
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
The Customer may vary or cancel the order up to the point in time that MAMA BROWN has commenced cooking the order by contacting MAMA BROWN (04 384 3604). If the Customer wishes to cancel the order after the order has been cooked and packed, the Customer will need to pay the full amount owing or as agreed with the franchisee.
7. PROPERTY/RISK
7.1 Products
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
7.2 Login
The Customer shall keep their Login details safe and confidential at all times.
8. WARRANTIES
8.1 Warranties
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 SB 11 LTD 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 SB 11 LTD 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.
9. LIABILITY AND INDEMNITY
9.1 Product liability
The liability of SB 11 LTD 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 MAMA BROWN's obligations here under shall not in any event exceed an amount equivalent to the price of the relevant Product.
9.2 No liability for indirect loss
No member of SB 11 LTD 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, the MAMA BROWN website, or the delivery or failure to deliver any Products.
9.3 Indemnity
Notwithstanding any other term, the Customer agrees to indemnify each member of SB 11 LTD against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of SB 11 LTD, arising directly or indirectly out of the Customer's use of the MAMA BROWN website, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
10. INTELLECTUAL PROPERTY
10.1 Intellectual Property
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the MAMA BROWN website, MAMA BROWN's online ordering system, the MAMA BROWN brand, promotional items and its contents is owned by, and shall at all times remain the exclusive property of MAMA BROWN, its licensors and the providers of any other products and services accessible through MAMA BROWN 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.
11. FORCE MAJEURE / Covering our evil ass
11.1 Force Majeure / Covering our evil ass
If the performance by MAMA BROWN of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, acts of satan, 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, earth destroyed by god or other, flood, meteorite, termites, or any other dangerous mites, aliens, mankind, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of MAMA BROWN), MAMA BROWN shall be excused from such performance to the extent of such prevention.
SPECIAL PROMOTION TERMS AND CONDITIONS
Additional charge applies for delivery.
Only one offer or deal may be used per order.
CANCELLATION; TERMINATION
We may terminate or change any or all of the benefits available under this Member Program at any time with or without notice.
1. GENERAL
We apologise in advance for those that 'may' die of old age while reading this. Unfortunately it is a necessary evil of business. In general if you have any issue with your order please call your store immediately to talk to the owner / manager and if you have no love from them e-mail Mama mama@mamabrown.co.nz
1.1 Definitions
- "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing the Mama Brown website, including the online ordering system, who is not registered or recognised customer of Mama Brown.
- "Delivery Point" means an outside area of the Franchise Premises, such as the Customer's front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the delivery point shall be located on the ground floor of such building, unless requested by the Customer and the Franchise, where the order was placed, has confirmed such request. For customers who live rural, the delivery point may not be the residence stated.
- "Delivery Fee" means the fee you as the customer must pay to have your order delivered to the customers address, or requested delivery point.
- "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.
- "Login" means a Customer's personal email address and password used to access the Mama Brown website and online ordering system under that Customer's registration.
- "Premises" means the premises at the address specified by the Customer on their registration application, as amended from time to time.
- "Products" means the products for sale in the Mama Brown website and online ordering system.
- "Store Policies" means the store policies of Mama Brown, set out in the section of the same name on the Mama Brown Website.
- "Mama Brown" means SB11 Ltd which is the seller of the Products.
- "MAMA BROWN website" means this internet site owned by MAMA BROWN, being the medium by which Products are offered for sale online by MAMA BROWN to the Customer.
Your access to, and use of, the MAMA BROWN website and online ordering system is subject to the following terms and conditions. By using the MAMA BROWN
1.3 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.
1.4 MAMA BROWN's discretion to accept registration
MAMA BROWN has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 Registration and access costs
No costs are payable to register to use the MAMA BROWN website and online ordering system but Customers are responsible for any costs incurred in using the MAMA BROWN website and online ordering system including any charges imposed by their internet service provider.
1.6 Suspension or termination
MAMA BROWN may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through the MAMA BROWN website and online ordering system for any reason whatsoever.
1.7 Customer liable for every order
Customers are liable for every order made under their Login.
1.8 Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through the MAMA BROWN website and online ordering system for the purpose of resale.
1.9 Security of information
MAMA BROWN shall use its reasonable endeavours to prevent any unauthorised entry into the MAMA BROWN website. However, no member of SB 11 LTD will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Why is the MAMA BROWN website and online ordering system safe? Safe technology systems - the MAMA BROWN website uses an internationally recognised encryption protocol 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 a secure server behind a managed firewall so that your personal details are not accessible from the internet by any third party.
Safe payment systems - MAMA BROWN uses "Paystation" to securely authorise credit card payments before any charges are made. For further information regarding "Paystation" and how it encrypts and processes transactions, please visit www.paystation.co.nz.
1.10 Site content
While MAMA BROWN has endeavoured to ensure that the information provided on the MAMA BROWN website and online ordering system is free from error, no member of SB 11 LTD warrants its accuracy, adequacy or completeness, and no member of SB 11 LTD shall be responsible or liable for any error in, or omission from, the information provided on the MAMA BROWN website and online ordering system.
We reserve the right to make changes to the information provided on the MAMA B website and online ordering system at any time and without notice.
1.11 Use of the site
The Customer agrees not to use the MAMA BROWN website for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on the MAMA BROWN website for their own personal use but otherwise neither the MAMA BROWN website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without MAMA BROWN's prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of the MAMA BROWN website, or damage the operation of the MAMA BROWN website, or MAMA BROWN's systems or those of other persons who use the MAMA BROWN website whether by way of a virus, corrupted file, any other software or program, or otherwise.
2. PRICE
2.1 Pricing
The Customer shall pay MAMA BROWN for the Products ordered at the price displayed at the time the order is submitted. 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.
Prices and specials available on the MAMA BROWN website may not necessarily be the same as the prices and specials available in MAMA BROWN's stores. Any prices and specials available in MAMA BROWN's stores will only apply to Products purchased through MAMA BROWN's website if those prices or specials are specifically displayed on the MAMA BROWN website, and vice versa.
MAMA BROWN may vary the prices of the Products at any time without notice.
2.2 Currency
The prices of Products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Delivery Fee
In addition to the price of Products ordered, the Customer shall pay MAMA BROWN a delivery fee. This fee covers the costs associated with the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. MAMA BROWN may change this fee at any time.
2.5 Adjustments to price
The Customer will be notified of any adjustments made to the total price of their order on the invoice or receipt, which will accompany the purchased Products on delivery.
2.6 MAMA BROWN may set credit limits
MAMA BROWN may from time to time set credit limits for individual Customers.
3. PRODUCT AVAILABILITY, RANGE, SPECIALS AND QUALITY
3.1 Product availability
Every effort will be made to fulfil orders placed with MAMA BROWN's website and MAMA BROWN's online ordering system, but no member of the SB 11 LTD shall be liable to any person if MAMA BROWN is unable to or declines to supply a Product for any reason whatsoever.
3.3 Specials
Specials are subject to availability while stocks last. MAMA BROWN's website and MAMA BROWN's online ordering system, does not allow back orders for specials that are out of stock.
3.4 Product quality
If MAMA BROWN agrees that a Product was delivered to a Customer in a damaged or spoiled condition, MAMA BROWN 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). As per the MAMA BROWN service guarantee.
4. PAYMENT
4.1 Method of Payment
Customers must pay MAMA BROWN for the product purchased. MAMA BROWN's website and MAMA BROWN's online ordering system accepts all credit cards for payment. Credit Cards must be sighted upon delivery.
Alternative methods of payment - If you do not wish to use your credit card to pay for orders you place at www.mamabrown.co.nz you may pay by cash. Cash payments must be handed over to a MAMA BROWN employee upon delivery or pick-up prior to goods being received. EFTPOS payment is only available to those paying and picking the order up from a MAMA BROWN store.
4.2 Payment by credit card
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and MAMA BROWN will contact the Customer to make alternative payment arrangements.
NEW customers who are paying for their delivery by credit card will be asked to provide 2 forms of identification. The said credit card and a photo ID, ie drivers license, passport for signature verification.
Orders placed for PICKUP are to be paid in store upon collection of goods. MAMA BROWN will not accept pickups paid for by credit card prior to collection or paid on the internet by credit card for collection. In these two instances the customer upon receipt of the goods must swipe their card through the in store terminal and sign in front of a member of staff for verification.
MAMA BROWN reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
4.4 Adjustments
If a Customer is invoiced an incorrect amount for any Product ordered, MAMA BROWN shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.5 Debt collection
The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.
4.6 Change to payment policy
MAMA BROWN 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.
5. DELIVERY
5.1 Right to withhold delivery
MAMA BROWN reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if MAMA BROWN permits) or alternative delivery arrangements are made.
5.2 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of SB 11 LTD shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of SB 11 LTD for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
MAMA BROWN shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
5.3 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to MAMA BROWN's couriers, and that it is safe for those couriers to enter the Customer's premises in order to 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 the Customer will be contacted to make alternative arrangements. MAMA BROWN reserves the right to charge Customers an additional delivery fee in respect of any deliveries repeated in accordance with this clause.
5.4 Change of address
The Customer shall notify MAMA BROWN of a change to its delivery address.
5.5 Delivery deemed to have taken place
Subject to clause 10.5, if no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
5.6 Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case MAMA BROWN will, at the request of the Customer, 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).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), MAMA BROWN reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, MAMA BROWN reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, MAMA BROWN will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock MAMA BROWN may cancel the order for that Product) (in each case without incurring any cancellation fee), and MAMA BROWN will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted in accordance with clause 3.4.
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
The Customer may vary or cancel the order up to the point in time that MAMA BROWN has commenced cooking the order by contacting MAMA BROWN (04 384 3604). If the Customer wishes to cancel the order after the order has been cooked and packed, the Customer will need to pay the full amount owing or as agreed with the franchisee.
7. PROPERTY/RISK
7.1 Products
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
7.2 Login
The Customer shall keep their Login details safe and confidential at all times.
8. WARRANTIES
8.1 Warranties
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 SB 11 LTD 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 SB 11 LTD 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.
9. LIABILITY AND INDEMNITY
9.1 Product liability
The liability of SB 11 LTD 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 MAMA BROWN's obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
9.2 No liability for indirect loss
No member of SB 11 LTD 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, the MAMA BROWN website, or the delivery or failure to deliver any Products.
9.3 Indemnity
Notwithstanding any other term, the Customer agrees to indemnify each member of SB 11 LTD against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of SB 11 LTD, arising directly or indirectly out of the Customer's use of the MAMA BROWN website, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
10. INTELLECTUAL PROPERTY
10.1 Intellectual Property
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the MAMA BROWN website, MAMA BROWN's online ordering system, the MAMA BROWN brand, promotional items and its contents is owned by, and shall at all times remain the exclusive property of MAMA BROWN, its licensors and the providers of any other products and services accessible through MAMA BROWN 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.
11. FORCE MAJEURE / Covering our evil ass
11.1 Force Majeure / Covering our evil ass
If the performance by MAMA BROWN of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, acts of satan, 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, earth destroyed by god or other, flood, meteorite, termites, or any other dangerous mites, aliens, mankind, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of MAMA BROWN), MAMA BROWN shall be excused from such performance to the extent of such prevention.
1.3 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.
1.4 MAMA BROWN's discretion to accept registration
MAMA BROWN has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 Registration and access costs
No costs are payable to register to use the MAMA BROWN website and online ordering system but Customers are responsible for any costs incurred in using the MAMA BROWN website and online ordering system including any charges imposed by their internet service provider.
1.6 Suspension or termination
MAMA BROWN may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through the MAMA BROWN website and online ordering system for any reason whatsoever.
1.7 Customer liable for every order
Customers are liable for every order made under their Login.
1.8 Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through the MAMA BROWN website and online ordering system for the purpose of resale.
1.9 Security of information
MAMA BROWN shall use its reasonable endeavours to prevent any unauthorised entry into the MAMA BROWN website. However, no member of SB 11 LTD will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Why is the MAMA BROWN website and online ordering system safe? Safe technology systems - the MAMA BROWN website uses an internationally recognised encryption protocol 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 a secure server behind a managed firewall so that your personal details are not accessible from the internet by any third party.
Safe payment systems - MAMA BROWN uses "Paystation" to securely authorise credit card payments before any charges are made. For further information regarding "Paystation" and how it encrypts and processes transactions, please visit www.paystation.co.nz.
1.10 Site content
While MAMA BROWN has endeavoured to ensure that the information provided on the MAMA BROWN website and online ordering system is free from error, no member of SB 11 LTD warrants its accuracy, adequacy or completeness, and no member of SB 11 LTD shall be responsible or liable for any error in, or omission from, the information provided on the MAMA BROWN website and online ordering system.
We reserve the right to make changes to the information provided on the MAMA BROWN website and online ordering system at any time and without notice.
1.11 Use of the site
The Customer agrees not to use the MAMA BROWN website for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on the MAMA BROWN website for their own personal use but otherwise neither the MAMA BROWN website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without MAMA BROWN's prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of the MAMA BROWN website, or damage the operation of the MAMA BROWN website, or MAMA BROWN's systems or those of other persons who use the MAMA BROWN website whether by way of a virus, corrupted file, any other software or program, or otherwise.
2. PRICE
2.1 Pricing
The Customer shall pay MAMA BROWN for the Products ordered at the price displayed at the time the order is submitted. 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.
Prices and specials available on the MAMA BROWN website may not necessarily be the same as the prices and specials available in MAMA BROWN's stores. Any prices and specials available in MAMA BROWN's stores will only apply to Products purchased through MAMA BROWN's website if those prices or specials are specifically displayed on the MAMA BROWN website, and vice versa.
MAMA BROWN may vary the prices of the Products at any time without notice.
2.2 Currency
The prices of Products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Delivery Fee
In addition to the price of Products ordered, the Customer shall pay MAMA BROWN a delivery fee. This fee covers the costs associated with the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. MAMA BROWN may change this fee at any time.
2.5 Adjustments to price
The Customer will be notified of any adjustments made to the total price of their order on the invoice or receipt, which will accompany the purchased Products on delivery.
2.6 MAMA BROWN may set credit limits
MAMA BROWN may from time to time set credit limits for individual Customers.
3. PRODUCT AVAILABILITY, RANGE, SPECIALS AND QUALITY
3.1 Product availability
Every effort will be made to fulfil orders placed with MAMA BROWN's website and MAMA BROWN's online ordering system, but no member of the SB 11 LTD shall be liable to any person if MAMA BROWN is unable to or declines to supply a Product for any reason whatsoever.
3.3 Specials
Specials are subject to availability while stocks last. MAMA BROWN's website and MAMA BROWN's online ordering system, does not allow back orders for specials that are out of stock.
3.4 Product quality
If MAMA BROWN agrees that a Product was delivered to a Customer in a damaged or spoiled condition, MAMA BROWN 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). As per the MAMA BROWN service guarantee.
4. PAYMENT
4.1 Method of Payment
Customers must pay MAMA BROWN for the product purchased. MAMA BROWN's website and MAMA BROWN's online ordering system accepts all credit cards for payment. Credit Cards must be sighted upon delivery.
Alternative methods of payment - If you do not wish to use your credit card to pay for orders you place at www.mamabrown.co.nz you may pay by cash. Cash payments must be handed over to a MAMA BROWN employee upon delivery or pick-up prior to goods being received. EFTPOS payment is only available to those paying and picking the order up from a MAMA BROWN store.
4.2 Payment by credit card
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and MAMA BROWN will contact the Customer to make alternative payment arrangements.
NEW customers who are paying for their delivery by credit card will be asked to provide 2 forms of identification. The said credit card and a photo ID, ie drivers license, passport for signature verification.
Orders placed for PICKUP are to be paid in store upon collection of goods. MAMA BROWN will not accept pickups paid for by credit card prior to collection or paid on the internet by credit card for collection. In these two instances the customer upon receipt of the goods must swipe their card through the in store terminal and sign in front of a member of staff for verification.
MAMA BROWN reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
4.4 Adjustments
If a Customer is invoiced an incorrect amount for any Product ordered, MAMA BROWN shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.5 Debt collection
The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.
4.6 Change to payment policy
MAMA BROWN 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.
5. DELIVERY
5.1 Right to withhold delivery
MAMA BROWN reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if MAMA BROWN permits) or alternative delivery arrangements are made.
5.2 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of SB 11 LTD shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of SB 11 LTD for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
MAMA BROWN shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
5.3 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to MAMA BROWN's couriers, and that it is safe for those couriers to enter the Customer's premises in order to 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 the Customer will be contacted to make alternative arrangements. MAMA BROWN reserves the right to charge Customers an additional delivery fee in respect of any deliveries repeated in accordance with this clause.
5.4 Change of address
The Customer shall notify MAMA BROWN of a change to its delivery address.
5.5 Delivery deemed to have taken place
Subject to clause 10.5, if no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
5.6 Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case MAMA BROWN will, at the request of the Customer, 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).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), MAMA BROWN reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, MAMA BROWN reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, MAMA BROWN will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock MAMA BROWN may cancel the order for that Product) (in each case without incurring any cancellation fee), and MAMA BROWN will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted in accordance with clause 3.4.
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
The Customer may vary or cancel the order up to the point in time that MAMA BROWN has commenced cooking the order by contacting MAMA BROWN (04 384 3604). If the Customer wishes to cancel the order after the order has been cooked and packed, the Customer will need to pay the full amount owing or as agreed with the franchisee.
7. PROPERTY/RISK
7.1 Products
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
7.2 Login
The Customer shall keep their Login details safe and confidential at all times.
8. WARRANTIES
8.1 Warranties
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 SB 11 LTD 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 SB 11 LTD 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.
9. LIABILITY AND INDEMNITY
9.1 Product liability
The liability of SB 11 LTD 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 MAMA BROWN's obligations here under shall not in any event exceed an amount equivalent to the price of the relevant Product.
9.2 No liability for indirect loss
No member of SB 11 LTD 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, the MAMA BROWN website, or the delivery or failure to deliver any Products.
9.3 Indemnity
Notwithstanding any other term, the Customer agrees to indemnify each member of SB 11 LTD against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of SB 11 LTD, arising directly or indirectly out of the Customer's use of the MAMA BROWN website, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
10. INTELLECTUAL PROPERTY
10.1 Intellectual Property
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the MAMA BROWN website, MAMA BROWN's online ordering system, the MAMA BROWN brand, promotional items and its contents is owned by, and shall at all times remain the exclusive property of MAMA BROWN, its licensors and the providers of any other products and services accessible through MAMA BROWN 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.
11. FORCE MAJEURE / Covering our evil ass
11.1 Force Majeure / Covering our evil ass
If the performance by MAMA BROWN of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, acts of satan, 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, earth destroyed by god or other, flood, meteorite, termites, or any other dangerous mites, aliens, mankind, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of MAMA BROWN), MAMA BROWN shall be excused from such performance to the extent of such prevention.
