Terms and Conditions of Sale
Please read these terms and conditions carefully before ordering any products from us. By ordering any products from us you are agreeing to these terms and conditions.
Last Updated 15th November 2022.
1.1 The Hummingbird online sale service is offered subject to these terms and conditions by JACOBS DOUWE EGBERTS NZ, based at 43 Crooks Road, East Tamaki, Auckland, New Zealand and references to "we", "us", "our" and similar expressions should be read as references to that company.
1.2 References in these terms and conditions to "you", "your" and like expressions means the person or company placing an order with us subject to these terms and conditions.
1.3 Hummingbird sells coffee and other beverage-related and Hummingbird-related items ("Products") as may be listed from time to time on our website at https://www.hummingbirdcoffee.com/ ("our Website").
1.4 You can order Products for delivery to New Zealand using our Website. These terms and conditions will apply to your order. This is a site for members of the public to purchase the Products. If you are a business placing an order you will be unable to claim any taxes or equivalent from us.
1.5 In New Zealand, consumer care can be contacted on 0800 423 269 for any Product or order related enquiries (“New Zealand Careline”).
2. TERMS AND CONDITIONS
2.1 Nothing in these terms and conditions affects your statutory rights.
3.1 The total value of your order including GST and delivery charges will be displayed on the order confirmation screen. The displayed price is the amount in New Zealand dollars ($ NZD) that you will pay.
3.2 Due to the fact that our service is offered and managed by Jacobs Douwe Egberts NZ, any payment for an online purchase from outside of New Zealand may constitute an international transaction which may be charged by your bank with additional fees.
3.3 Prices of the Products and our delivery charges will be as quoted on our Website at the point of ordering (subject to revision for errors).
3.4 Our Product prices and delivery charges are liable to change at any time. Any changes made to our Product prices and delivery charges after a Dispatch Confirmation has been sent out to you will not affect any order which you have already placed. A Dispatch Confirmation is explained in more detail at clause 4.10 below.
3.5 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less that our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
3.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation (see clause 4.10 below), if the pricing error is obvious and unmistakeable and could reasonably been recognised by you as an error.
ORDERING & PAYMENT
4.1 You can order our Products online using our Website. By placing an order on our Website you represent and warrant that you have the legal right our authorisation to use the payment methods you have selected.
4.2Whilst every effort will be made to ensure that all items shown in our online Product catalogue are in stock we offer no guarantee of availability and our New Zealand Careline and this electronic publication does not constitute an offer for sale capable of acceptance by you submitting an order.
4.3 If ordering on our Website, when we receive your order we will automatically send you an e-mail confirming acknowledgement of receipt of your order details ("Confirmation Email"). This Confirmation Email is not a guarantee of availability nor acceptance of an offer. All orders are subject to acceptance by us.
4.4 To ensure your order is dealt with promptly, we require your full, correct address details, including a New Zealand postcode, a day time contact telephone number and your e-mail address (if you have one). The billing address you provide to us must be the same as the billing address you have notified to and registered with your selected credit/debit card company or other payment services provider as this is used to validate your order.
4.5 Your order will only be processed if full payment details are given. Failure to supply the correct details will result in your order being held pending the supply of the correct details.
4.6 We use an external payment services provider (“PSP”) to process payments. On placing your order using our Website, the final step in the ordering process will result in your order being handed over to the PSP's website for payment. You may pay using any of the payment methods listed on the PSP's page after your order is transferred to their website for payment.
4.7 We reserve the right to accept or reject your order in our discretion and will do so within a reasonable period after your order is received by sending you a notification that your order is rejected (“Cancellation email”). Please note that the pre-authorisation of your payment method shall not constitute acceptance of your offer. In case your order is rejected, we will reimburse any amounts paid and/or remove the pre-authorisation on the selected payment method.
4.8 Your detailed payment information will be collected at the point you complete your order, however, our payment will be debited on order dispatch. In some exceptional circumstances order dispatch may be delayed due to unforeseen circumstances, and in this situation, depending on your payment method, payment debit will occur 3 to 7 days after you placing the order. Debiting your payment does not represent acceptance by us of your order or otherwise commit us to a contract with you.
4.9 Orders will only be accepted by us on dispatch of the Product(s) you have ordered. We will confirm such acceptance to you by sending you an email which confirms that the order has been dispatched ("Dispatch Confirmation").
4.10 The contract will be formed when we send you the Dispatch Confirmation, unless we notify you that we do not accept your order or if you have cancelled it, prior to the receipt of the Dispatch Confirmation.
4.11 All confirmations and notifications under this clause 4 will be directed to the email address you supplied to us on placement of your order and/or the e-mail address associated with your account.
4.12 If you experience any difficulties processing your order or with payment, please call our New Zealand Careline. The careline number is listed in clause 1.5 of these terms and conditions.
4.13 All orders are checked with the relevant payment provider prior to dispatch, so please ensure that the details you provide us with are correct. We do not accept responsibility for an order being held back as a result of incorrect or invalid payment details being given.
4.14 All investigations for order traces will be implemented as soon as possible. Queries need to be directed to our New Zealand Careline. The careline number is listed in clause 1.5 of these terms and conditions.
5.1 In normal circumstances your order should be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. If there are reasons why we believe that delivery may be delayed, we will try to contact you.
5.2 We can deliver as many Products as you wish up to 25 kilograms in weight for a one-off single delivery charge.
5.3 We will endeavour to deliver all the Products you order. In the unlikely event of any Product being out of stock at the time we will notify you of this and hold your order until the missing Product(s) is/are available. We will not deliver any part of your order until all the Products you have ordered are in stock and available for delivery to you. This may affect the normal delivery schedule.
5.4 We regret we are unable to accept orders for delivery to an address containing a PO Box Number, or from persons placing an order whose address contains a PO Box Number. There may be other types of addresses to which, from time to time, we are not able to accept orders for delivery.
5.5 Subject to clause 5.4 above, deliveries will be made to the address that you have nominated. The Products will be at your risk from the time of delivery. In the event that you select a business address, we shall be deemed to have delivered the Product to its intended recipient by delivering it to the reception area at the business address. However, if an express delivery has been selected, your signature will be required or the Products will not be delivered.
5.6 Standard Delivery Service in the New Zealand:
(a) A "working day" is any day (other than a Saturday, Sunday or public holiday in Australia (depending on where delivery is to be made)).
(b) Delivery charges will be calculated at the time of check-out and will be dependent on the weight of the Products and the location of delivery.
(c) No deliveries are made on Saturdays, Sundays or public holidays in the New Zealand (depending on where delivery is to be made).
(d) Please note if you order from our Website, we can only deliver to a valid address located within New Zealand.
6. RETENTION OF TITLE
6.1 We retain title to all Products delivered to you until we have received final payment in full. The retention of title also applies until any other related claim that we have against you has been fulfilled.
7. RETURNS AND REFUNDS POLICY
7.1 This clause 7 only applies if you have made a purchase as a consumer, in other words, as a natural person who acted for purposes which are outside their trade, business, craft or procession.
7.2 Nothing in these terms excludes or limits any guarantees, warranties, representations or conditions implied or imposed by law, including the Consumer Guarantees Act (“CGA”), or any liability under them which by law may not be limited or excluded.
7.3 You are entitled to a refund or exchange of Products where the Product(s):
(a) has a problem that would have stopped someone from buy the Product if they had known about it;
(b) is unsafe;
(c) is significantly different from the same or description; or
(d) does not do what we said it would, or what you asked for and cannot be easily fixed.
7.4 We may request that you return the Products subject to a refund or exchange under clause 7.3. We will provide you with a return label in such cases.
7.5 If you are entitled a refund under clause 7.3 we will return your money to you by re- crediting it to the payment method you used to pay for the Products without undue delay and if the return of the Products is requested by us, within 14 days of the day we have received the Products you wish to return or until you supply evidence that you have sent the Products back to us, whichever is the earliest. The refunds will be made in New Zealand dollars ($NZD).
7.6 We are not responsible for the fluctuations in the exchange rate between New Zealand dollars ($NZD) and any other currency and provided we have refunded the same amount in New Zealand dollars ($NZD) as we charged for the products at the point you ordered them, this will constitute a full refund of the purchase price.
8. PERSONAL INFORMATION AND SECURITY
8.1 To make optimum use of our Website, you can create a personal account. To register for an account, you are asked to provide us with some account information and to choose a sufficiently reliable password. You agree to keep the information in your account up to date. In case of any changes that are relevant for us to become aware of, you will promptly update your account details.
8.2 To protect your account, you must keep your login credentials strictly confidential. We may assume that the person that is using these credentials is the actual account holder, unless you have informed us that your account may have been compromised.
8.3 We use an external PSP to process payments related to orders for products received through our consumer service.
8.4 If you are ordering using our Website, the last stage in the order process is that details about your order will be passed to our PSP. This will be clear from the details presented to you in your browser during the order process. The PSP will ask you to select one of the supported payment methods, and enter relevant details regarding that payment method (for example, if paying by credit card this could include your name and address details, credit card number, expiry date of the card and the security digits on the rear of the card) in order for the payment to be processed.
8.7 To ensure that your chosen payment method is not being used without your consent, we and/or the PSP may validate name, address and other personal information supplied by you during the order process against the appropriate third party databases. By accepting these terms and conditions, you consent to such checks being made.
8.8 We will retain certain details about your order, which will include some of your personal data, for a reasonable period after you have placed your order. Our PSP will also retain certain details about your order, which will include some of your personal data, for a reasonable period after you have placed your order. This is in order to allow us to deal with any questions, issues, cancellations or refunds that may be necessary.
8.9 All data provided by you to us as part of the order process will be treated securely and in accordance with the New Zealand Privacy Act 2020.
8.10 Our ordering and payment process is digitally encrypted using SSL technology to transfer your details to our secure server. SSL is the industry standard for secure online payment, it provides a high level of protection to you, and to us and our PSP, against fraudulent transactions. We will pass details of your order to our PSP using secure SSL technology.
8.11 Should you have any questions regarding security, please contact our New Zealand Careline.
9. CUSTOMER SERVICE
9.1 We aim to provide you with an excellent service. However, should you have any comments or issues with our service, in the first instance please contact our New Zealand Careline.
9.2 We aim to acknowledge all queries within 3 working days, and deal with complaints within 5 working days. A "working day" is any day (other than a Saturday, Sunday or public holiday in New Zealand.
10.1 We reserve the right to supplement and amend these Terms and Conditions for any reason at any time. It is your responsibility as a customer to review these on each occasion you access our service, whether online using our Website or by telephone using our New Zealand Careline.
10.2 We also reserve the right to suspend, restrict or terminate access to our service for any reason at any time.
11.1 To maximum extent permitted by law, our maximum aggregate liability to you for our breach of these terms and conditions or relating to the Products ordered by you, is limited to the amount paid or payable for the Products under the relevant order made by you.
11.2 Nothing in these terms and conditions excludes or limits liability for death or personal injury or loss and/or damage that is attributable to our wilful misconduct, deliberate recklessness, fraud or fraudulent misrepresentation.
11.3 We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories, even if such losses result from our breach:
(a) loss of profit;
(b) loss of business;
(c) loss of opportunity;
(d) loss of savings;
(e) loss of the use of money;
(f) loss of existing or future contracts;
(g) loss of data;
(h) loss of goodwill; and/or
(i) loss of reputation.
11.4 We will not be liable for any theft or loss of or destruction to the Products once delivered to your nominated delivery address.
12. TRADE MARKS & COPYRIGHT
12.1 We own all the rights in the designs and information on our websites, including our Website. You may only print out parts of our Website for the purpose of ordering Products on our Website. You must not use the material on any of our websites for any other purpose.
13. APPLICABLE LAW AND JURISDICTION
13.1 These terms and conditions, and all matters relating to orders using our Website or our New Zealand Careline shall be governed by New Zealand law and the competent court in New Zealand shall have exclusive jurisdiction over any disputes.