Terms & Conditions

Terms & Conditions

    1. Application
      1. Your access to, and use of, thecandyman.co.nz (“our Website”) and your purchase of our products (“Products”) via our Website is subject to the following terms and conditions (“Terms”). By using the Website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.
      2. These Terms will prevail if there is any inconsistency with any other document.
      3. The Terms may be updated from time to time. You acknowledge that the Terms that are listed on our Website at the time and date that your order is placed will be the Terms that apply to that order. This clause is subject to clause 5.1(c).
    1. Orders
      1. Each separate collection of items selected through our Website and paid for together constitutes an order (“Order”).
      2. Each Order placed is subject to our ability to fulfil the Order. While we will attempt to keep our Website up to date it is possible that items may be listed for sale that are no longer available and/or out of stock.
      3. You agree that we will not be required to process any Order until we are satisfied that we have received cleared payment.
      4. If we do not hold stock in a Product then any Order containing that Product will not be sent until all Products are in stock. If we reasonably believe that we will not be able to supply the Products within a reasonable time then we reserve the right to remove the Product from the order so that the remaining items can be delivered to you. We will provide a refund for any removed Product via your method of payment.
      5. If you are paying for an order with a bank account or card based in a country other than New Zealand (“Ordering Country”), and/or the Products are to be delivered outside to a country other than New Zealand (“Delivery Country”), then you acknowledge that:
        1. We may refuse to process any Order placed on our Website if we, in our sole discretion, believe that the payment you have made is not legitimate or if we believe any information you have provided is incorrect;
        2. We may refuse to process any order placed on our Website if we believe that we are prevented to by New Zealand legislation or by the legislation of the Ordering Country and/or Delivery Country. You agree that we are not liable for any action of any government body in preventing our delivery of any Product to you, and that you will need to resolve any such issue with the government body directly ;
        3. We may request proof of identity or payment legitimacy prior to an order being processed. We reserve the right to decide what is required to prove identity.
      6. Unless otherwise specified all prices are inclusive of GST. Unless there are changes to New Zealand law, no GST will be charged on orders delivered outside of New Zealand but you will be responsible for any tax or import  duties that may be payable under the Delivery Country’s laws.
      7. If we refuse to process your Order for any reason then any payment received will be refunded to you through the same method of payment within a reasonable time. We reserve the right to delay such a repayment until such time as we are confident that your initial payment has been received in cleared funds into our account. If repayment via the same method is not possible then we reserve the right to repay you in the manner we chose.
      8. All payments made on our Website are processed by a third party. You agree that any payment issues will be raised directly with that third party unless it can be shown that such issues are caused by our Website.
    1. Shipping
      1. All risk for the delivery will remain with us until our delivery agent confirms that it has been delivered to the specified address, at which point you agree to accept all risk.
      2. We will provide you with delivery information soon after your Order have been placed. You agree to address any queries regarding delivery to our delivery agent.
      3. Our delivery agent will have some level of insurance in place for each Order. We request that all claims for damaged Products or late delivery are referred to the delivery agent first.
    1. Authorisation
      1. You agree that we have no obligation to inquire into the authority of any person placing an Order any account you hold on our Website, and that it is your  responsibility to ensure the security of your own account login and password.

 

    1. Candy Connoisseurs Club
      1. If you have joined the Candy Connoisseurs Club (“CCC”) then:
        1. Your first subscription payment will be debited from your credit/debit card on your joining the CCC. Depending on where we are in the Delivery Period when you become a CCC member, the first Order may not be sent to the designated delivery address until the next Delivery Period;
        2. You may change your preferred Delivery Period at any time, but we will take up to 7 days to implement any requested change. You will remain liable for any Orders sent during that period;
        3. We will notify you of any change to these Terms (“Terms Notice”). All Orders delivered 30 days after the Terms Notice is provided will be done so under the new Terms;
        4. All payment details provided for a CCC membership are retained by our payment provider. We do not retain this information.
        5. You acknowledge and agree that we may include some products which are close to their best before date;
        6. We will bill your designated payment method immediately prior to each Order being provided to our delivery agent. We will hold back that order, and notify you, if payment is unsuccessful. If payment cannot be obtained within 7 days then that delivery will be cancelled;
        7. We reserve the right to charge a handling fee of 20% of the Level for any Order which is prepared for delivery but not sent due to payment being unsuccessful;
        8. The cost is delivery is additional to your CCC membership level. We reserve the right to pass any increase in the cost of delivery on to you. We will notify you 7 days prior to any such increase being applied;
        9. Your CCC membership may be cancelled by either party on notice, but it may take up to 7 days for us to process the cancellation. You will remain liable for any Order that is provided to our delivery agent under these Terms during that 7 day period;
        10. You agree that the retail value of each CCC delivery may vary between Orders. However we believe that, over the term of the membership, the CCC provides a reduced average Product price to its members over the standard Product prices listed on our Website; and
        11. You agree that, due to the number of Products and food types that we hold, we are unable to tailor CCC deliveries to suit tastes, beliefs and allergies. In the future we may be able to offer more CCC types to cover our customer’s wishes.
      2. In this clause the following terms have the following meanings:
        1. “Delivery Period’ means the frequency of deliveries that you have selected; and
        2. “Membership Level” means the amount you have chosen to spend on product each Delivery Period exclusive of delivery;
    1. Candy Bucks
      1. We may offer the ability to earn bonus points (“Candy Bucks”) through a loyalty scheme. If you are a member of the Candy Bucks loyalty scheme then this clause 6 will apply.
      2. We reserve the right to add and remove the methods of obtaining Candy Bucks, and the amount of Candy Bucks earned by each method, without notice to you.
      3. You can use Candy Bucks to pay for Orders on our Website. Candy Bucks can be used to pay for the whole Order or only part of it.
      4. Candy Bucks are not transferable.
      5. Candy Bucks are not convertible into cash.
      6. For the sake of clarity, if any Order, partially or completely paid for with Candy Bucks, requires a refund, partial or complete, then any Candy Bucks used will be refunded before any cash element is refunded.
      7. Candy Bucks expire after 24 months.
      8. We reserve the right to replace or withdraw this loyalty program at any time, and you agree that no compensation will be payable.
    1. No Warranty
      1. All statutory, express or implied warranties by us are expressly excluded (to the extent permitted by law).
    1. Limitation of Liability
      1. Subject to clause 8.2, we will not be liable for any direct or indirect loss or damage, including without limitation; economic loss, loss of profits or savings (or for any indirect or consequential loss or damage), however caused, arising out of or in connection with the supply, or non-supply, of any Products to you.
      2. Our liability in respect of all claims for loss damage or injury arising from a breach or our obligations under these Terms or from any act or omission by us is limited in each case to the lesser of:
        1. Resupply of the Products; or
        2. The price of the affected products.
      3. All claims must be made in writing and are subject to verification or acceptance by us.  No claim for any loss, damage or injury arising out of the supply of the Products, may be brought more than 10 days after the date you become aware or reasonably ought to have been aware of the circumstances giving rise to the claim.
      4. We will not be liable to you if we are unable to complete any Order (in whole or in part) due to cause(s) beyond our reasonable control.
    2. Consumer Guarantees Act 1993 and Fair Trading Act 1986
      1. You agree that, if you are not a consumer as defined in the Consumer Guarantees Act 1993 and these Products are supplied to you in trade, that it is fair and reasonable that:
        1. The provisions of the Consumer Guarantees Act 1993 do not apply; and
        2. Sections 9, 12A, 13 and 14(i) of the Fair Trading Act 1986 are contracted out of.
      2. You agree that the Fair Trading Act 1986 will not apply to any Order that is to be delivered outside of New Zealand.
    1. Privacy Information
      1. You agree that any information about you which you provide to us may be used by us at any time for any purposes connected with our business including, but not limited to, direct marketing. Any personal information is held at 428 Mount Eden Road, Mount Eden and you have certain right of access to your personal information under the Privacy Act 1993.
      2. Any information provided by you will not be disclosed to any third party unless we are required to do so to fulfil any order placed by you, or we are legally required to do so by any legislation or government department.
    1. Unsolicited Electronic Messages Act 2007
      1. Under the Unsolicited Electronic Messages Act 2007, you must consent to receiving commercial emails from us.  Consent can either be explicit, inferred or deemed.  We will infer that we have your consent to send you commercial emails from time to time unless you inform us otherwise by letter or email.  The email address for unsubscribing to commercial emails is [##unsubscribe email address##].
    1. General
      1. We will not be prevented from enforcing any of our rights under this agreement because on an earlier occasion we did not enforce those rights.
      2. You agree that we may assign, delegate or subcontract any or all of our rights or obligations under these Terms and Conditions.
      3. You agree that we may issue any proceedings in respect of our agreement with you in any court that suits us.  The law that governs these terms is New Zealand law. All references to legislation is in reference to New Zealand legislation.
      4. Any provision of these Terms that is held to be invalid or unenforceable for any reason shall be severed from and shall not affect the remaining provisions of these Terms.
      5. You agree that these Terms express the entire understanding between us and that there have been no representations made by or on behalf of us that have been relied upon by you that are not contained in these Terms.