CHILLY BOX NOW HAS CLICK & COLLECT OR DELIVERY OPTIONS AVAILABLE

Terms & Conditions

  1. GENERAL

--------------------------------------------------------------------------------

1.2 Sale of all Products and use of Chilly Box subject to Terms and Conditions.

The use of Chilly Box and all sales of Products via Chilly Box are subject to these Terms and Conditions. By using Chilly Box, the Customer will be deemed to have accepted these Terms and Conditions.

 1.3 Terms and Conditions to prevail

These Terms and Conditions constitute the entire agreement between the Customer and Chilly Box relating to the subject matter herein and shall prevail over any other document purporting to have a contractual effect.

 1.4 Chilly Box discretion to accept registration

Chilly Box  has the absolute discretion to refuse the registration of a potential Customer and the purchase of goods by a Customer for any reason whatsoever.

 1.5 Termination of Registration

Chilly Box has the absolute discretion to terminate the registration of any Customer for any reason whatsoever.

 1.6 Customer liable for every order

The Customer will be liable for every order made under its Login and agrees to indemnify and keep Chilly Box indemnified against all losses, liabilities, penalties, damages, claims, demands, actions, costs, charges and expenses whatsoever which Chilly Box incurs, or which may be made against Chilly Box by any third party, as a result of the actions of a person placing orders for the Products using the Customer’s Login.

 1.7 Security of Information

Chilly Box shall use reasonable endeavours to prevent any unauthorised entry onto Chilly Box. However Chilly Box shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.

 

PRICE

--------------------------------------------------------------------------------

2.1 Registration costs

The Customer shall not be liable for any registration costs to register with Chilly Box.

 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 Internet Service Provider charges

The Customer shall be individually responsible for any Internet Service Provider charges.

 2.5 Delivery charge

Chilly Box shall charge the Customer a delivery charge which covers the costs associated with the picking, packing and delivery of the Customer’s order. The charge shall be identified and included in the total price at the point of “checkout”. Chilly Box is entitled to change this charge at any time for future orders.

 2.6 Variation of order and price

If the Customer requests a variation to an order which Chilly Box accepts, then the price payable for the order will be adjusted accordingly to reflect the variation, and recorded on the invoice.

 2.7 Chilly Box may vary prices

Chilly Box may vary the prices of the Products at any time without notice.

 2.8 Prices available on Chilly Box may differ from in-store pricing.

The prices for the Products listed on Chilly Box are only available when purchasing Products online unless stated otherwise.

 

PRODUCT RANGE AND AVAILABILITY

--------------------------------------------------------------------------------

3.1 Product availability

Every effort will be made to fulfil orders placed with Chilly Box, but Chilly Box shall not be liable to any person if Chilly Box decline to supply the Products for any reason whatsoever.

Chilly Box reserves the right to determine the specials that are available online. Some advertised specials on behalf of Chilly Box may only be available in store and not through Chilly Box. In addition, specials that are available online are subject to availability while stocks last.

 Chilly Box does not allow back orders for specials that are not available at the point of ordering.

 3.2 Product range

Chilly Box reserves the right to limit the range of Products available to certain areas.

Chilly Box reserves the right to limit quantities of Products that can be ordered by a Customer.

Chilly Box may delay dispatch of a bulk order due to stock availability. Delivery may be by instalments.

 3.3 Seasonal lines

Every effort will be made to fulfil orders placed with Chilly Box, but Chilly Box shall not be liable to any person if Chilly Box are unable to supply Products due to the seasonal nature of such Products.

 3.4 Vouchers

Gift Vouchers and Christmas Vouchers may not be purchased on Chilly Box. Gift Vouchers, Christmas Vouchers and supplier vouchers can not be redeemed on Chilly Box.

 

PAYMENT

--------------------------------------------------------------------------------

4.1 Payment by credit card

The Customer shall make payment of each order by credit card at the time of placing an order. Chilly Box accepts Visa or Mastercard. You will be charged in New Zealand dollars.

 4.2 Disabling account

Chilly Box reserves the right to disable a customer's account for any reason whatsoever.

 4.3 Debt Collection

The Customer is liable for all costs associated with debt collection where the Customer's payment has defaulted for an order(s).

 4.4 Change to Payment Policy

Chilly Box may change at any time the way in which the Customer pays for the Products, and any change will be notified to the Customer via Chilly Box

 4.5 Customer Statements

The name that will appear on Customer statements will be Chilly Box

 

DELIVERY

--------------------------------------------------------------------------------

5.1 Delivery Areas

Chilly Box delivers to most locations within the Manawatu area.

 5.3 Right to withhold delivery

Chilly Box may withhold the right to deliver the Products to the Customer for any reason whatsoever (including, without limitation, location).

 5.4 Reasonable endeavours

Chilly Box shall use reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form within a reasonable time.

 5.5 Change of Address

The Customer is to notify Chilly Box (orders@chillybox.co.nz) immediately of a change to its delivery address and in such case the notification shall be treated as a new application for registration.

 5.6 Delays to delivery

Notwithstanding clause 5.3, Chilly Box shall not be liable for any failure to deliver within a reasonable time whether the delay is due to causes beyond the control of Chilly Box or otherwise.

 5.7 Delivery deemed to have taken place

Delivery will be deemed to be effected upon the direct transfer of possession of the Products from Chilly Box to the Customer, or upon possession of the Products being given to a carrier, courier or other bailee for the purposes of transmission to the Customer.

 

VARIATION/CANCELLATION OF ORDER

--------------------------------------------------------------------------------

6.1 Variation/cancellation of order

The customer may not vary or cancel the order placed and paid for.

 6.2 Substitution of Product

Subject to the Customer's consent, Chilly Box may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.

  

PROPERTY/RISK

--------------------------------------------------------------------------------

7.1 Products

Risk in the Products shall pass to the Customer upon delivery (as described in clause 5.7). Ownership of any Products passes to the Customer when the Customer has paid for the Products in full and delivery is made.

 7.2 Login and email

The Customer is obligated to keep their login and password details safe and confidential at all times.

 

RETURNS OF PRODUCTS/REFUNDS

--------------------------------------------------------------------------------

If, for any reason, you are dissatisfied with your order, please contact us within 7 days of receipt of your order at orders@chillybox.co.nz for assistance.

  

WARRANTIES

--------------------------------------------------------------------------------

9.1 Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of Chilly Box is authorised to make any warranties, representations or unauthorised warranties, representations or statements. 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 Chilly Box assumes no obligation or liability for any advice given and all Products are accepted by the Customer entirely at the Customer’s risk.

 9.2 Consumer Guarantees Act

The Customer acknowledges and agrees that where the Products are ordered for business purposes (as that term is defined in the Consumer Guarantees Act 1993) ("CGA") the provisions of the CGA shall not apply.

 

LIABILITY

--------------------------------------------------------------------------------

10.1 Liability

Subject to the CGA, Chilly Box excludes all liability for damage, injury or loss arising directly or indirectly from any defect in or non-compliance of the Products. In any event, Chilly Box liability, whether in contract, tort or otherwise, for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Chilly Box obligations under these Terms and Conditions shall not exceed the price of the Products ordered by the Customer.

 10.2 No liability for indirect loss

Chilly Box shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Chilly Box be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons.

 

FORCE MAJEURE

--------------------------------------------------------------------------------

 If the performance by Chilly Box of its obligations under Chilly Box is prevented by reason of "force majeure" (which shall include fire, casualty, accident, act of God, natural disaster, 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, or other causes whatsoever beyond the reasonable control of Chilly Box ) Chilly Box shall be excused from the performance of its obligations under these Terms and Conditions.

 

PRIVACY ACT

--------------------------------------------------------------------------------

 14.1 Collection of information

 The Customer authorises Chilly Box to collect, retain and use personal information about the Customer for the purposes of:

 14.1.1 Assessing the Customer's credit-worthiness;

 14.1.2 Undertaking any dealings or transactions with the Customer;

 14.1.3 Enforcement of any legal or other rights Chilly Box may have against the Customer in any manner that Chilly Box sees fit;

 14.1.4 Making such disclosures as may in Chilly Box ‘s opinion be required for any of the above purposes or generally to do business;

 14.1.5 Sending the Customer any advertising or promotional material; and

 14.1.6 Determining prize winners of promotions (if applicable).

 14.2 Chilly Box right to refuse application

 If all of the requested Customer personal information is not supplied, or is not satisfactory to Chilly Box then his/her application for registration to Chilly Box may not be accepted.

 14.3 Information retained by Chilly Box

 The Customer agrees that any personal information supplied by the Customer will be retained by Chilly Box and will be accessible to Chilly Box employees and other persons or body corporate engaged by Chilly Box for or in relation to any of the purposes listed in clause 14.1 above. The Customers personal information will be held at a cloud-hosting provider as Chilly Box agent. Chilly Box shall retain all personal information supplied by the Customer until such time the Customer is deregistered.

 14.4 Disclosure

 The Customer authorises Chilly Box to disclose all or any part of any personal information provided by the Customer to a third party for any of the purposes listed in clause 14.1 above.

 14.5 Customer rights

 Under the Privacy Act 1993, the Customer has rights of access to his or her personal information held by Chilly Box and may request correction to that information. The Customer may do so by emailing info@chillybox.co.nz. The customer agrees to pay Chilly Box the reasonable charges requested by Chilly Box in relation to time and attendances involved in complying with the Customer's request in this regard.

 14.6 Consent to receipt of electronic messages

The Customer consents to his or her inclusion in Chilly Box’s direct marketing database and accepts that they may, as a result, receive electronic communications and promotional communications from Chilly Box. The Customer has the right to ask Chilly Box at any time to stop sending online communications and promotional offers to them.

 

GENERAL

--------------------------------------------------------------------------------

16.1 Variation of Terms and Conditions

Chilly Box may at any time vary these Terms and Conditions.

 16.2 Governing Law

These Terms and Conditions and any dispute arising from the use of Chilly Box shall be governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.

 16.2 Enforceability

If at any time Chilly Box does not enforce any of these conditions, Chilly Box will not be construed as having waived that condition or its right to later enforce that or any other condition. In addition, where any provision of these Terms and Conditions is rendered void, unenforceable or otherwise ineffective by operation of law, that will not affect the enforceability or effectiveness of any other provision of these Terms and Conditions.

 16.3 Assignment

The Customer may not assign any of its rights or obligations under these Terms and Conditions except with the prior written consent of Chilly Box, which may be refused at Chilly Box’s absolute discretion. Chilly Box may assign any of its rights and obligations under these Terms and Conditions.