Terms & Conditions
Use of this website is subject to the following Terms and Conditions:1. Purchase of Products
Your access to, and use of www.butchersmistress.co.nz ("the Website") and your purchase and use of the products able to be purchased via the Website is subject to the following terms and conditions. By using the Website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.
These terms and conditions govern all supply of goods and services by The Butcher's Mistress 2021 Limited ("The Butcher's Mistress) to you, the purchaser of goods and services from us, including your use of the Website. They are effective from 27 August 2021 and will replace all earlier The Butcher's Mistress's terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Any instructions received by the seller from the customer for the supply of goods and/or services shall constitute acceptance of the terms and conditions contained herein.
No agent or representative of the seller is permitted to make any such agreements, representations, conditions or warranties not expressly confirmed by the seller in writing.
2. Ordering rules
• You must ensure that the delivery address provided is suitable with consideration to the chilled nature of the product.
• The email address for communications with The Butcher's Mistress is orders@butchersmistress.co.nz
• The contact phone number is 0275 656 016
3. The Butcher's Mistress discretion
The Butcher's Mistress:
• has the absolute discretion to refuse a potential customer for any reason whatsoever;
• has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. The Butcher's Mistress may cancel an order for any reason whatsoever; and
• may, at its absolute discretion, suspend or terminate the ability of any customer to order through the Website for any reason whatsoever.
4. Customer liable for every order
You are liable for every order made under your Login.
The seller shall not be liable for any loss of profits, or any consequential indirect loss, or damage of any kind arising directly or indirectly from any breach of the seller's obligation under this contract or in tort.
5. Trade not supplied
Unless otherwise agreed, you may not purchase products through the Website for the purpose of resale.
6. Pricing
The product prices are listed on the Website. The prices of the items are inclusive of GST.
All amounts are in New Zealand dollars.
The Butcher's Mistress reserves the right to change the prices from time to time.
7. Invoicing
The Butcher's Mistress will send a tax invoice to you via email, on despatch of product. You are responsible for ensuring that your contact details are correct.
8. Method of Payment
We accept the following credit cards: Visa, MasterCard and American Express
We also accept after pay, stripe and bank deposit.
All payments are processed via Stripe's secure payments system to ensure high levels of payment security and are subject to Stripe's terms and conditions.
Click here to for Stripe's terms.
https://stripe.com/nz/privacy
9. Product availability
The Butcher's Mistress will make every effort to fulfil orders placed with the Website; however we will not be liable to any person if we are unable, or decline, to supply any item or product for any reason whatsoever.
If for any reason a product is not available, we will endeavour to notify the non-availability on our online shop. In the case of our premade boxes should an item not be available we will replace with an alternative of the same value.
We reserve 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 you for that order will be adjusted accordingly.
10. Product quality
Should you have any quality issue with any of our products, we ask that you contact us immediately by phone 0275 656 016, and we will do everything in our powers to resolve any issues.
Returns will be treated on a case-by-case basis. We do not have to provide a refund if you have changed your mind about a particular purchase as we process and cut meat to order. Please take care in ordering and choose carefully.
11. Delivery areas
The Butcher's Mistress endeavours to deliver to all New Zealand street addresses, however due to the chilled nature of the product, the courier service may not be able to reach some areas within an appropriate timeframe for chilled product. The Butcher's Mistress accepts no liability for chilled product being delivered outside an appropriate timeframe for chilled product.
Prices for goods and services stated on our website are exclusive of any applicable delivery charges. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
Once the products have left The Butcher's Mistress we no longer except any liability for any product.
12. Delivery and liability
Deliveries will, subject to these terms and conditions, be made to the delivery point on the delivery date.
The Butcher's Mistress shall be entitled to commission third parties to make delivery.
The Butcher's Mistress shall be entitled to assume that any person accepting delivery of the products at the delivery point is either the customer or someone that is authorised to do so on behalf of the customer.
13. Accessibility, safety, and deemed delivery
You must ensure that your delivery point is easily accessible to The Butcher's Mistress's delivery person and that it is safe for our delivery person to enter your premises in order to complete the delivery.
In the situation where it is safe to complete delivery but there is no person present at the delivery point at the time of delivery, or you or any other person fails or refuses to take delivery of the items, the items will be left at the delivery point and be deemed to have been delivered at that point in time.
14. Delays to delivery
The Butcher's Mistress always aims to deliver on time but may from time to time be delayed and shall not be liable for failure to deliver on a timely basis.
Where the delivery date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day.
15. Incorrectly or undelivered Products
If any Product delivered does not correspond with a product ordered, you can:
•keep the incorrectly-delivered product, in which case no adjustment will be made to the payment made:- or
•reject the incorrectly-delivered product, in which case:
·The Butcher's Mistress may at its option collect the incorrect product; and
·Either replace that product within a reasonable time or refund the value of the product that was originally ordered.
·If refunded, we will refund you by crediting your credit card.
·If you are unable, or refuse, to deliver up the product when requested, or deliver the product in a different state (e.g., with some products missing or partially consumed) than the state in which it was delivered to you, The Butcher's Mistress reserves the right to charge you for that product.
17. Warranties limited
You have statutory rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 that cannot be excluded or limited in any way. Subject to those rights 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 are excluded to the fullest extent permitted by law. You acknowledge that you do not rely on any representation or statement made by or on behalf of any member of The Butcher's Mistress other than the express provisions of these terms and conditions. You must ensure that the products are not used for any purpose for which they are not suitable and you are responsible for using all necessary skill and care in handling and using the products. You expressly acknowledge and agree that The Butcher's Mistress does not assume any obligation or liability for any advice given, and that all such products are accepted by you entirely at your risk.
18. Product liability
The liability of The Butcher's Mistress 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 The Butcher's Mistress' obligations relating to the products hereunder shall not in any event exceed an amount equivalent to the price of the relevant product.
19. No liability for indirect loss
The Butcher's Mistress shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, or the delivery or failure to deliver any products.
20. Force Majeure
If the performance by The Butcher's Mistress of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, pandemic, 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 The Butcher's Mistress) The Butcher's Mistress shall be excused from such performance to the extent of such prevention.
21. Collection of information
The Website contains applications which collect personal information about you. The Butcher's Mistress will only use this information to the extent authorised by you and will only disclose it in the manner set out below.
In using the Website, you authorise The Butcher's Mistress to collect, retain and use your personal information for the purposes of:
•undertaking any dealings or transactions with you;
•sending you any The Butcher's Mistress related advertising or promotional material; and
•enhancing the Website so that The Butcher's Mistress may offer you a better, more personalised and tailored service.
22. Information retained by The Butcher's Mistress
Any personal information supplied by you may be retained by The Butcher's Mistress until such time as you request that the information be removed.
23. Storage of personal information
The Butcher's Mistress has taken steps, from both technical and systems perspectives, to ensure that your information is well protected. However, it is important that you remember to never share your Login with any other person.
While The Butcher's Mistress endeavours to keep your personal information collected on the Website secure and confidential, The Butcher's Mistress shall not be responsible for any breach of security caused by third parties, nor represents that the Website is completely secure.
24. No waiver of The Butcher's Mistress' rights
The Butcher's Mistress' failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.
25. Security of information
The Butcher's Mistress shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, The Butcher's Mistress will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
26. Login
You must keep your Login details safe and confidential at all times.
27. Site content
While The Butcher's Mistress 2021 Limited has endeavoured to ensure that the information provided on the Website is free from error, The Butcher's Mistress does not warrant its accuracy, adequacy, or completeness, and The Butcher's Mistress shall not be responsible or liable for any error in, or omission from, the information provided on the Website.
We reserve the right to make changes to the information provided on the Website at any time and without notice.
28. Use of the site
You agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the Website for your own personal use but otherwise, neither the Website nor any material on it, may be altered, modified, reproduced, transmitted, or distributed without The Butcher's Mistress' prior written consent.
29. Indemnity
Notwithstanding any other term, you agree to indemnify The Butcher's Mistress against all liabilities, losses, claims and expenses suffered or incurred by you, and all claims and demands made against The Butcher's Mistress, arising directly or indirectly out of your use of the Website, in breach of these terms and conditions.
30. Variation of terms and conditions
From time to time, we may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of the Website after the terms and conditions have been changed indicates your acceptance of those changes.
31. Governing Law
New Zealand law governs the use of the Website and these terms and conditions.
