Terms & Conditions

These terms and conditions apply solely to FreshChoice Online Shopping. Separate terms and conditions apply to other websites hosted by us, such as FreshChoice.co.nz.

  1. GENERAL
    1. Definitions
      1. "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing FreshChoice Online Shopping who is not registered to use FreshChoice Online Shopping.
      2. "Fulfilment Fee" means the fee you as the customer must pay to have your order picked and packed.
      3. "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
      4. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trade mark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
      5. "Login" means a Customer's personal email address and password used to access FreshChoice Online Shopping under that Customer's registration.
      6. "Premises" means the premises at the address specified by the Customer on their registration application, as amended from time to time.
      7. "Products" means the products for sale in FreshChoice Online Shopping.
      8. "Store Policies" means the store policies of FreshChoice Online Shopping, set out in the section of the same name on FreshChoice Online Shopping.
      9. "FreshChoice " means Progressive Enterprises Limited, which is the seller of the Products.
      10. "FreshChoice Group" means FreshChoice, its related companies, and directors, officers, employees or agents of FreshChoice or its related companies.
      11. "FreshChoice Online Shopping" means this internet site owned by FreshChoice, being the medium by which Products are offered for sale online by FreshChoice to the Customer.
    2. Use of FreshChoice Online Shopping subject to Terms and Conditions
      Your access to, and use of, FreshChoice Online Shopping is subject to the following terms and conditions. By using FreshChoice Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through FreshChoice Online Shopping constitute legal offers to purchase, and are capable of being accepted by FreshChoice without any further reference to the Customer.
    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.
    4. FreshChoice discretion to accept registration
      FreshChoice has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
    5. FreshChoice discretion to accept orders
      FreshChoice has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. FreshChoice may cancel an order for any reason whatsoever. Where an order is cancelled by FreshChoice, FreshChoice will make reasonable efforts to notify the Customer of the cancellation. The Customer will receive a refund of the value of the order.
    6. Registration and access costs
      No costs are payable to register to use FreshChoice Online Shopping with exception to the fulfilment fee, but Customers are responsible for any costs incurred in using FreshChoice Online Shopping, including any charges imposed by their internet service provider.
    7. Suspension or Termination
      FreshChoice may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through FreshChoice Online Shopping for any reason whatsoever.
    8. Customer liable for every order
      Customers are liable for every order made under their Login.
    9. Trading hours
      An order submitted by a Customer before 1:00 pm on ANZAC Day or at any time on Good Friday, Easter Sunday or Christmas Day shall not be accepted by FreshChoice immediately at checkout but shall be deemed to have been accepted by FreshChoice at 1:05pm on Anzac Day or 12:05 am on the day following Good Friday, Easter Sunday or Christmas Day (as the case may be).
    10. Trade not supplied
      Unless otherwise agreed, Customers may not purchase Products through FreshChoice Online Shopping for the purpose of resale.
    11. Security of information
      FreshChoice shall use its reasonable endeavours to prevent any unauthorised entry into FreshChoice Online Shopping. However, no member of the FreshChoice Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into FreshChoice Online Shopping, except where any member of the FreshChoice Group, or its employees or agents, have acted negligently or fraudulently.

      How is FreshChoice Online Shopping safe?
      FreshChoice Online Shopping uses Secure Socket Layer (SSL) secure encryption 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 secure e-commerce servers, so that your personal details are not accessible from the internet by any third party. Payment card details are not stored on our servers. Safe payment systems - FreshChoice uses safe payment systems to securely authorise credit card payments before any charges are made. For further information regarding the safe payment systems and how it encrypts and processes transactions, please contact your FreshChoice Store.
    12. Site content
      While FreshChoice has endeavoured to ensure that the information provided on FreshChoice Online Shopping is free from error, no member of the FreshChoice Group warrants its accuracy, adequacy or completeness, and no member of the FreshChoice Group shall be responsible or liable for any error in, or omission from, the information provided on FreshChoice Online Shopping. We reserve the right to make changes to the information provided on FreshChoice Online Shopping at any time and without notice.
    13. Use of the site
      The Customer agrees not to use FreshChoice Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on FreshChoice Online Shopping for their own personal use but otherwise neither FreshChoice Online Shopping, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without FreshChoice s’ prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of FreshChoice Online Shopping, or damage the operation of FreshChoice Online Shopping, or FreshChoice s’ systems or those of other persons who use FreshChoice Online Shopping, whether by way of a virus, corrupted file, any other software or program, or otherwise.
  2. PRICE
    1. Pricing The Customer shall pay FreshChoice for the Products ordered at the price displayed at the time the order is submitted, unless FreshChoice notifies the Customer, at any time, that an error has been made in the price displayed. Subject to any error made in the display of prices, no adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered, except where:
      1. Certain items such as fruit and vegetables or pre-packed weighed items like meat, poultry and cheese do not come in consistent weights; or
      2. Some items in your order may not be available at the time of picking and therefore may need to be substituted.

        The actual price you will pay is the price charged in store when your order is picked by your personal shopper. In these cases, any adjustments made to the total price of your order will be communicated on the invoice which accompanies the purchased Products via email.
    2. Currency
      The prices of Products are displayed in New Zealand currency.
    3. Prices inclusive of GST The prices of the Products are inclusive of GST and any other sales tax.
    4. Fulfilment fee
      In addition to the price of Products ordered, the Customer shall pay FreshChoice a Fulfilment Fee. This Fee covers the costs associated with picking, packing and the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. FreshChoice may change this fee at any time, and may reduce this fee if the Customer collects the Products ordered and this has been previously agreed to by FreshChoice.
      For orders in excess of reasonable household quantities (whether in respect of any one Product or the total size of the order), FreshChoice reserves the right to adjust the Fulfilment Fee to reflect the actual cost, Whether any order exceeds a reasonable household quantity or not will be determined by FreshChoice in its absolute discretion. If FreshChoice chooses to adjust the Fulfilment Fee, the Customer will be contacted prior to the order being delivered to confirm acceptance of the revised fee. Deliveries of such orders will not be made unless and until this confirmation is obtained. No member of the FreshChoice Group shall be liable to the Customer for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.
    5. Variation of order and price If the Customer requests a variation to the order under clause 6.1 which FreshChoice accepts, then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.
    6. FreshChoice may set credit limits
      FreshChoice may from time to time set credit limits for individual Customers.
  3. PRODUCT AVAILABILITY, RANGE, DEALS AND QUALITY
    1. Product availability Every effort will be made to fulfil orders placed with FreshChoice Online Shopping, but no member of the FreshChoice Group shall be liable to any person if FreshChoice is unable to or declines to supply a Product for any reason whatsoever.
      FreshChoice reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly. FreshChoice may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
    2. Product range
      FreshChoice reserves the right to limit the range of products available online.
    3. Deals
      Deals are subject to availability while stocks last. FreshChoice Online Shopping does not allow back orders for deals that are out of stock.
    4. Product substitution
      If FreshChoice is unable to or declines to supply a Product ordered by a Customer, FreshChoice may, except if the Customer otherwise directs by de-selecting the "Substitutions are OK" box at the online checkout, substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.
      If FreshChoice cannot make a substitution on this basis, FreshChoice may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.
      FreshChoice reserves the right to refuse to substitute any particular Product for any reason whatsoever.
    5. Product quality
      If FreshChoice agrees that a Product was delivered to a Customer in a damaged or spoiled condition, FreshChoice 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).
    6. Product labelling information
      All Products are sold in compliance with the labelling provisions of the Australia New Zealand Food Code. If the Product collected contains labelling information that does not meet with the Customer’s requirements (e.g. ingredients, allergens, nutritional information etc.), the Customer may return to their nearest FreshChoice Supermarket for a refund, or replacement Product to an equivalent value, upon presentation of the Product and accompanying online shopping invoice.
  4. PAYMENT
    1. Method of payment
      Customers must pay FreshChoice for the Products purchased by credit card. FreshChoice Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.
    2. Payment by credit card
      If a Customer's credit card is declined by its financial institution, collection of the relevant order will not be offered, and FreshChoice will contact the Customer to make alternative payment arrangements. FreshChoice reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
    3. Adjustments
      If a Customer is invoiced an incorrect amount for any Product ordered, FreshChoice shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
    4. Debt collection
      The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.
    5. Change to payment policy
      FreshChoice 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.
    6. Vouchers
      Gift vouchers may be purchased online, however, Christmas vouchers may not be purchased through FreshChoice Online Shopping.
  5. VARIATION/CANCELLATION OF ORDER
    1. Variation/Cancellation of order
      1. The Customer may vary or cancel the order up to the point in time that FreshChoice has commenced packing the order by contacting the FreshChoice store that the online shopping order has been placed with.
      2. If the Customer wishes to cancel an order after the order has been packed, the Customer will incur a $20 cancellation fee.
      3. FreshChoice may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
        1. the Products in that order are not available; or
        2. there is an error in the price or the Product description posted on the Site for the Product in that order; or
        3. we reasonably believe your order has been placed in breach of these terms and conditions.
      4. In the event of a cancellation by FreshChoice, FreshChoice will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
  6. PROPERTY/RISK
    1. Products: Property and risk in the Products shall pass to the Customer on delivery to the customer at the Collection Point.
    2. Login: The Customer shall keep their Login details safe and confidential at all times.
  7. WARRANTIES
    Subject to clause 14 and any provisions in the Consumer Guarantees Act 1993 and Fair Trading Act 1986, 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 the FreshChoice Group 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 the FreshChoice Group 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.
     
  8. LIABILITY AND INDEMNITY
    The provisions contained in this clause 8 are subject to clause 13 to the extent applicable.
    1. Product liability Subject to any statutory rights available under law, including under the Consumer Guarantees Act 1993, the FreshChoice Group shall not be liable, 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 FreshChoice 's obligations hereunder.
    2. No liability for indirect loss No member of the FreshChoice Group 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, FreshChoice Online Shopping, or the delivery or failure to deliver any Products.
    3. Indemnity Notwithstanding any other term, the Customer agrees to indemnify each member of the FreshChoice Group against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of the FreshChoice Group, as a result of any breach by the Customer of these terms and conditions, or caused by the Customer.
  9. SPECIAL PRODUCTS
    1. Tobacco
      If the Customer's order includes any tobacco Product, the Customer warrants that he/she is over the age of 18 years and legally entitled to purchase any such Product.
    2. Alcohol If the Customer's order includes any liquor Product, the Customer warrants that he/she is over the age of 18 years and legally entitled to purchase any such Product, and that he/she is not under the influence of alcohol at the time the order is submitted.
    3. Restrictions on use of login to purchase tobacco or alcohol products
      The Customer shall ensure that no person or persons shall use his/her Login to purchase any tobacco or alcohol Product if that person or those persons cannot truthfully give the warranty in clause 9.1 or 9.2 (as the case may be) as if they were the "Customer" for the purposes of those clauses.
    4. Right to seek verification
      If a Customer submits an order containing tobacco or alcohol Products, FreshChoice may contact that Customer to verify their age. If FreshChoice is not satisfied as to the ability of the Customer to truthfully give the warranty in clause 9.1 or 9.2 (as the case may be), FreshChoice reserves the right to cancel the order.
    5. Acceptance of orders containing tobacco or alcohol
      The Customer shall ensure that a person over the age of 18 years, and, in the case of orders containing alcohol, not under the influence of alcohol, is available to accept collection of any order containing tobacco or alcohol. FreshChoice 's staff may request the person accepting the order of the Products to produce satisfactory evidence of their age. If such evidence is not produced, the staff member may refuse to supply the tobacco or alcohol Product ordered. FreshChoice reserves the right to charge Customers an additional Fulfilment Fee to re-supply such Products.
      If a Customer does not wish for any such Product to be re-supplied:
      1. FreshChoice will refund the value of that Product (as at the date on which the Product was ordered);
        and
      2. where the order consisted solely of tobacco and/or alcohol Products, FreshChoice reserves the right to charge the Customer a $20 cancellation fee for the cancelled order. FreshChoice may refuse to complete supply if no person is present at the Collection Point to accept an order containing tobacco or alcohol, or if FreshChoice has reasonable grounds to believe that the supply would have the effect of supplying tobacco or alcohol to persons under 18 years of age. The non completion of a supply in accordance with this clause will be at the sole discretion of FreshChoice.
        FreshChoice reserves the right to charge Customers an additional Fulfilment Fee to re-supply such Products.

        If a Customer does not wish for any such Product to be re-delivered:
        1. FreshChoice will refund the value of that Product (as at the date on which the Product was ordered);
          and 
        2. where the order consisted solely of tobacco and/or alcohol Products, FreshChoice reserves the right to charge the Customer a $20 cancellation fee for the cancelled order.
  10. INTELLECTUAL PROPERTY
    All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to FreshChoice Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, FreshChoice, its licensors and the providers of any other products and services accessible through FreshChoice 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
    If the performance by FreshChoice of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by 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 (whether similar to the foregoing or not) beyond the reasonable control of FreshChoice) FreshChoice shall be excused from such performance to the extent of such prevention.
     
  12. PRIVACY ACT
    The provisions contained in this clause 12 only apply to personal information collected by FreshChoice on FreshChoice Online Shopping. Separate private policies apply to other products and services supplied by FreshChoice .
    1. Collection of information
      FreshChoice Online Shopping contains applications which collect personal information about the Customer. FreshChoice will only use this information to the extent authorised by the Customer, and will only disclose it in the manner set out below. In using FreshChoice Online Shopping the Customer authorises FreshChoice or FreshChoice’s agents to collect, retain and use their personal information for the purposes of:
      1. processing the Customer's registration application;
      2. assessing the Customer's credit-worthiness;
      3. undertaking any dealings or transactions with the Customer;
      4. enforcing any legal or other rights FreshChoice may have against the Customer in any manner that FreshChoice sees fit;
      5. sending the Customer any advertising or promotional material; and
      6. enhancing FreshChoice Online Shopping so that FreshChoice may offer you a better, more personalised and tailored service.
    2. Collection from other sources
      In using FreshChoice Online Shopping the Customer further authorises FreshChoice to collect personal information about the Customer from any other source available to FreshChoice including but not limited to credit referral agencies, the Customer's bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer has been associated.
    3. FreshChoice's right to refuse application
      If sufficient personal information is not supplied, or is not satisfactory to FreshChoice , then FreshChoice reserves the right to refuse to accept the person's application to register to use FreshChoice Online Shopping.
    4. FreshChoice 's use of cookies
      FreshChoice Online Shopping may use 'cookies'. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use FreshChoice Online Shopping you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
    5. Website analysis tools FreshChoice uses Google Analytics to collect information such as the number of visitors per day or the number of pages requested per day. In order for this to occur a small piece of code is placed on each page which counts these statistics. This non-personal information gained is aggregated by Google Analytics and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers. Emails sent on behalf of FreshChoice Online Shopping to registered shoppers may include code that measures e-mail response and click through activity.
    6. Information retained by FreshChoice Any personal information supplied by the Customer may be retained by FreshChoice until such time as the Customer requests that the information be removed.
    7. Disclosure
      Any personal information supplied by the Customer and retained by FreshChoice may be disclosed to other persons or body corporates engaged by FreshChoice for or in relation to any of the purposes listed in clause 12.1 above, including but not limited to:
      1. Progressive Enterprises Ltd employees.
      2. FreshChoice employees.
      3. Research and/or marketing firms.
      4. Credit referral agencies.
      5. Business advisors.

        FreshChoice reserves the right to disclose a Customer’s personal information when it believes it is appropriate to comply with the law, facilitate court proceedings or to otherwise protect FreshChoice ’s rights. FreshChoice may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
    8. Storage of personal information
      FreshChoice has taken many steps, from both technical and systems perspectives, to ensure that Customers' information is well protected. However it is important that Customers remember to never share their Login with any other person.
      While FreshChoice endeavours to keep the Customer's personal information collected on FreshChoice Online Shopping secure and confidential, no member of the FreshChoice Group shall be responsible for any breach of security caused by third parties, nor represents that FreshChoice Online Shopping is completely secure.
      Any personal information that a Customer provides to FreshChoice through FreshChoice Online Shopping will be collected and held by FreshChoice or on FreshChoice’s behalf. FreshChoice’s address is 29 Byron Street, Sydenham, Christchurch, 8140, New Zealand.
    9. Customer's rights of access
      The Customer has the right under the Privacy Act 1993 to access and request to update and/or correct their personal information held by FreshChoice . The Customer agrees to pay FreshChoice the reasonable charges requested by FreshChoice in relation to time and attendances involved in complying with the Customer's request in this regard. Customers may access and update certain personal information held by FreshChoice in the "My Account" area of FreshChoice Online Shopping. The Customer can also request a change to this information by telephoning the FreshChoice Store that the Online Shopping relationship is held with.
  13. CONSUMER GUARANTEES ACT
    The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by FreshChoice . The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
     
  14. LINKS TO AND FROM OTHER WEBSITES
    1. Links to third party websites Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by the FreshChoice Group. The FreshChoice Group does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than FreshChoice Online, www.progressive.co.nz or www.FreshChoice.co.nz.
    2. Hyperlinks
      The Customer agrees that it will not create a hyperlink to FreshChoice Online Shopping without Progressive Enterprises Ltd's express written permission. If a Customer does create a hyperlink to FreshChoice Online Shopping, that Customer is responsible for all losses any member of the FreshChoice Group may suffer as a result of that link, whether direct or indirect. Linking to FreshChoice Online Shopping is at the Customer's own risk. The Customer agrees that he/she shall not frame any part of FreshChoice Online Shopping by including advertising or other revenue generating material.
  15. VARIATION OF TERMS AND CONDITIONS
    From time to time FreshChoice Online Shopping may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of FreshChoice Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes.
     
  16. GOVERNING LAW
    New Zealand law governs the use of FreshChoice Online Shopping and these terms and conditions.