By purchasing products from MP Foods(“MP Foods”, “we”, “us”, “our”) or using this website, the purchaser (the “Customer”, “you”, “your”), agrees to the following terms and conditions of sale (the “Terms”). References in the Terms to “MP Foods ”, “us”, “we” or “our” are references MP Foods, its related companies, and directors, officers, employees or agents of MP Foods or its related companies, as the context requires.

1. Limitation of Liability: The Customer shall indemnify MP Foods  against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the Customer. MP Foods  shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from MP Foods , even if MP Foods  has been advised of the possibility. In no case shall MP Foods maximum liability exceed the cost of the relevant original order.
2. Refunds: MP Foods  will comply with its obligations under the Consumer Guarantees Act 1993 or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.
3. Payment: MP Foods  only accepts payment through this website via valid debit or credit cards. The online shopping method does not accept EFTPOS, cash, cheque, voucher or any other form of payment. We do not store customers’ payment details on our servers. All transactions are carried out using a third-party payment gateway. MP Foods  uses “PayPal” to securely authorise credit card payments before any charges are made. For further information regarding “PayPal” and how it encrypts and processes transactions, please visit www.paypal.com.
4. Consumer Protection and other legislation: Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that can’t legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will also apply.
5. Business Customers: As per legislation, business customers agree that where products are purchased for the purpose of a business, the Consumer Guarantees Act 1993 or equivalent consumer protection legislation is not applicable.
6. Addressing: If a product is found to be misaddressed by MP Foods  then MP Foods  shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an erroneous, outdated or insufficient address, then MP Foods  will not be held liable and will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer. It is the Customer’s responsibility to notify MP Foods  of any address changes before an order is placed.
7. Software Warranty: All software or other electronic or digital products sold by MP Foods  are subject to the terms and conditions of the license agreements that apply to those products. The Customer acknowledges their obligations to abide by such license agreements. Subject to any applicable law that cannot be excluded, the Customer acknowledges that MP Foods  does not warrant any software or other electronic or digital products under these Terms and Conditions. All software and other electronic or digital products are warranted in accordance with the license agreement that governs its use.
8. Title: MP Foods  retains title in the products purchased until MP Foods  receives payment for the products in full, including applicable delivery charges. Once the Customer’s order has been delivered the Customer assumes full responsibility for and risk in the products.
9. Prices: Prices displayed on this website may differ from in-store prices.
10. Delivery of Incorrect Goods: If MP Foods  delivers goods which do not match the order placed, customers may either return the goods and request a refund, or keep the incorrectly delivered goods. If the Customer chooses to keep the incorrectly delivered goods, no adjustments will be made by MP Foods.
11. Damaged Goods:MP Foods  takes care to ensure that all goods delivered to customers are adequately packaged. If you receive damaged goods we will accept a return of the goods and offer a full refund or replacement. You are responsible for arranging the shipment and related costs of returning the damaged goods to us. No damage claims will be considered after seven days following the Customer’s receipt of the goods.
12. Pricing and content errors: Although we do our best to ensure that prices and other content stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to rectify the error and charge the rectified price, or cancel your purchase. If we choose to charge you the rectified price, you will be notified of the error and will be given the option to pay the difference between the incorrect price and the rectified price, or receive a refund, as the case may be. MP Foods  will not be held liable for any direct or indirect damage or loss arising from non-pricing errors or inaccuracies in this website’s content.
13. Security MP Foods  uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However, you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. MP Foods  will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).
14. Special Offers: Special deals and offers on this website are only valid for so long as they are displayed or while stock lasts, unless expressly stated otherwise. The special deals and offers displayed on this website may differ from in-store special deals and offers.
15. Shipping: Free shipping is available for orders that are equal to or more than $35.00. An additional $5 may be charged for delivery to a rural address.
16. New Zealand Currency and GST: All prices displayed on this website are expressed in and payable in New Zealand dollars (NZD) and are inclusive of New Zealand Goods and Services Tax (“GST”). For New Zealand delivery addresses, all purchases will be charged GST unless otherwise stated. If your order ships to a delivery address outside New Zealand, no GST will be charged. Any currency conversion will take place online at the rate applicable at the time of purchase.
17. Cancelling Orders: MP Foods  reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation (regardless of whether payment for the order has been made), including (without limitation) where MP Foods  believes the order to be fraudulent or constitute a misuse of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you; however we will provide a reasonable notice to you stating that your order has been cancelled, and will refund the purchase price to you (where it has already been paid). Customers may cancel or modify an order free of charge if the product is out of stock or there is an error in price or product description on this website, or up until such time as the order has been packed for delivery. If the Customer wishes to cancel an order after the order has been packed, the Customer may be charged a cancellation fee. A Customer cannot cancel an order once the order has been shipped.
18. Customs & Duties: For any orders shipped outside of New Zealand the Customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of MP Foods ’s control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.
19. Website Access: MP Foods  hereby grants you permission to access, view and download the content appearing on this website, for your personal, non-commercial use only. However, we reserve the right, at our absolute discretion, to deny any application for customer registration on our website for any reason whatsoever, or to terminate an existing user’s account if the user violates our terms and conditions. You agree not to use any device, method or software to interfere with the proper functioning of this website. Without the express written permission of MP Foods , you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
20. Use of Personal Information: By using the online shopping method on this website the Customer authorises MP Foods  to use the Customer’s personal information to assess their registration application, to conduct any transaction with the Customer, to enforce any legal rights MP Foods  has against the Customer, for sending any promotional or advertising materials, for enhancing this website or to provide a personalised experience for the Customer.
21. Cookies This website may use “cookies” which are elements of data that this website can send to your browser, which may the store it on your system. To use the online shopping method on this website you do not necessarily need to enable your browser to accept cookies, although some information or services may not be available if you set your browser to not accept cookies.
22. Use of Third Party Websites: MP Foods  may use third-party web-analytic services to measure user activity on this website. No personal information is collected from the Customer in this process.
23. Copyright & Trademarks: You agree that the content you access, view or download on this website and the software used to create it, remains the property of MP Foods  Limited or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.
24. Stock Availability: In order to provide the greatest range of products, you understand that MP Foods  does not stock all products listed on this website in a single warehouse. All items sold via the MP Foods  website are subject to availability and MP Foods reserves the right not to accept or to cancel any order for products that are out of stock. Product availability information is provided by a number of third party suppliers. MP Foods  works with these third-parties to ensure this information is as accurate as possible, however some errors and omissions are expected. Goods delivered may differ to the product images presented on this website.
25. Gift Voucher and MP Foods Credit Expiry: Gift vouchers and MP Foods  Credits are valid for one year from the time they are issued, after which the voucher and credit will expire. Any credit remaining after the expiry of the gift voucher or MP Foods  Credit is non-refundable. Gift vouchers and MP Foods Credits are not available for use in conjunction with orders made through the online shopping method on this website.
26. Delivery Estimates: MP Foods makes every effort practical to ensure that delivery timeframes given are accurate and that your orders will be delivered as soon as possible, however, we cannot guarantee that orders will be delivered within any given timeframe. The delivery times stated for products on this website assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold MP Foods  liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame. If you feel that there is a substantial delay (more than 72 hours) in delivery, you may place a request for a refund.
27. Force Majeure: MP Foods will not be liable to the Customer for any loss or damage, directly or indirectly arising out of or in connection with any delay or failure to perform our obligations where such delay or failure is outside our reasonable control.
28. Communications: By creating an account with MP Foods you consent to receiving electronic communications from MP Foods. These communications will include account status updates, order status updates, promotional and marketing materials and other information relating to the service. Your personal details will not be made available to any third party.
29. Notice of Copyright Infringement: MP Foods respects the copyrights of others. If you feel that data is used in MP Foods’s product catalogue in a manner that constitutes an infringement of your copyright under applicable copyright legislation, please write to us at: 569B Colombo Street Christchurch Central Christchurch 8011 New Zealand
30. Please include the following details:
    • Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL);
    • A statement that the complaining party believes that infringement of the complaining party’s copyright has occurred, giving the reasons for such belief;
    • A statement that you are the copyright holder or authorised to act on the copyright holder’s behalf; and
    • Contact details including an email address where the complaining party may be contacted.
31. Linked Websites: This website may contain links to other websites operated by third parties. MP Foods  is not liable for those websites or any content or information such websites contain.
32. Statements: The name that will appear on your statement will be MP Foods.
33. Sell Yours: MP Foods  does not act as agent for either party for Sell Yours transactions. Sell Yours sellers indemnify MP Foods  against any claim made by a third party for any liability to a third party resulting from any sale by them using the MP Foods  websites. Sell through rates will be monitored and if deemed not to be at an acceptable sell through rate, MP Foods will advise the seller. Should this occur the option to return the goods will be made, at the seller’s cost. Further information and conditions can be found in our FAQs. All buyers and sellers should read this information prior to conducting a transaction.