Terms & Conditions
USE OF WEBSITE SUBJECT TO TERMS AND CONDITIONS
- USE OF THE WEBSITE, BLENDS AND PRODUCTS SUPPLIE5 SUBJECT TO THESE TERMS AND CONDITIONS
Your access to, and use of, the Website and your purchase and use of the services and 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.
REGISTRATION AND ORDERS
- ORDERING RULES
For Blends other than Extras and Speciality Blends
- You can only choose to have a monthly regular delivery of Blends.
- Your order constitutes an order for an ongoing and regular purchase and delivery of Blends selected and will, subject to the rights to pause and terminate set out in these terms and conditions, continue indefinitely.
- You can choose to pause (for a period of time) or terminate (indefinitely) your order.
- The cut off day and time for ordering, or pausing or terminating an order is on Thursday at 1700 the week before the relevant Delivery Date.
- The cut off day and time for changing delivery point and dates is on the Thursday at 1700 hours the week before the relevant Delivery Date.
- Deliveries are made (subject to clauses 15 to 20 below) on a Sunday (5pm to 8pm).
- You can only choose an Extra which is associated with an order for delivery of a Blend or Blends that you have also ordered.
- Your order constitutes an order for an ongoing and regular purchase and delivery of Extras selected and will, subject to your continuing and ongoing order for the regular purchase and delivery of the associated Blend or Blends and the rights to terminate set out in these terms and conditions, continue indefinitely.
- You can choose to terminate (indefinitely) your order for an Extra or Extras independently of your associated order for a Blend or Blends.
- Your order for an Extra or Extras will terminate automatically if you terminate the associated order for a Blend or Blends.
- Your order for an Extra or Extras will pause if you choose to pause your associated order of a Blend or Blends (for the same period as you pause the order for a Blend or Blends).
- The cut off day and time for ordering, or pausing or terminating an order is on Thursday at 1700 the week before the relevant Delivery Date.
- The cut off day and time for changing delivery point and dates is on the Thursday at 1700 hours the week before the relevant Delivery Date.
- Deliveries are made at the same time as delivery of the associated Blend or Blends.
For all Blends
- You must ensure that you or an assigned person is at the Delivery Point for the requested delivery slot.
- You can conduct your entire communication with Just Blend via the “My Account” section on the Website.
- The email address for communications with Just Blend is email@example.com.
- JUST BLEND DISCRETION
- has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever;
- has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Just Blend 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.
- CUSTOMER LIABLE FOR EVERY ORDER
You are liable for every order made under your Login which has not been cancelled or paused pursuant to the Ordering Rules.
- TRADE NOT SUPPLIED
Unless otherwise agreed, you may not purchase Blends or any Products through the Website for the purpose of resale.
PRICE AND PAYMENT
The prices are per Bundle and are listed on the Website. The prices of the Blends are inclusive of GST. There is no additional charge for delivery.
All amounts are in New Zealand dollars.
Just Blend reserves the right to change the prices from time to time during the term of this agreement. We will notify you of a price increase by e-mail at least eight days before the delivery date for an affected Blend.
Just Blend will invoice you via email.
Payment for your first Blend or Blends is due, and will be invoiced and deducted (or as the case may be, debited) from your credit card, immediately following your first order with us. Payment for a subsequent Blend or Blends is due, and will be invoiced and deducted (or as the case may be, debited) from your credit card, on the weekly anniversary of your first order with us. The name that will appear on your credit card statement will be Linton Ventures Limited.
- METHOD OF PAYMENT
You must pay Just Blend for the Blends purchased by credit card (other than American Express). The Website does not accept any other form of payment.
- PAYMENT BY CREDIT CARD DECLINED
If your credit card is declined by its financial institution or fails to process for a subsequent Blend or Blends:
- Just Blend may decline to deliver the relevant order; and/or
- Just Blend will contact you to make alternative payment arrangements.
Just Blend reserves the right to refuse to accept payment from any particular customer by credit card for any reason whatsoever.
If you are invoiced an incorrect amount for any Blend ordered, Just Blend shall be paid by, or refund to, you the necessary adjustment amount to reflect the correct amount which should have been invoiced. We will, at our choice, refund you by either crediting your credit card or alternatively crediting your account balance in your online account.
- DEBT COLLECTION
You are liable for all costs associated with debt collection where you default in payment for any order.
PRODUCT AVAILABILITY AND QUALITY
- PRODUCT AVAILABILITY
Just Blend 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 a Blend or Product for any reason whatsoever.
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.
Just Blend may delay dispatch of orders due to stock availability.
- PRODUCT QUALITY
In establishing that a Product was damaged or spoiled on delivery to you, we may require photographic evidence and/or a sample of the damaged or spoiled Product.
If Just Blend agrees that a Product was delivered to you in a damaged or spoiled condition, Just Blend shall, at your request, credit the value of the relevant Product to you. We will, at our choice, credit you by either crediting your credit card or alternatively crediting your account balance in your online account.
- DELIVERY AREAS
Please refer to Just Blend’s delivery information pages for confirmation of where Just Blend delivers to. As part of the Just Blend ordering and registration process, you will be immediately and electronically advised if we are able to deliver to your address. Specific delivery locations are accepted based on the suburb and postcode of the delivery address and so it is important that you provide us with your correct address information. If you do not then we may not be able to deliver to you.
If a delivery suburb or postcode is included in the registration area, this does not imply that Just Blend will deliver to all addresses within that suburb or postcode.
- DELIVERY AND LIABILITY
Deliveries will, subject to these terms and conditions, be made to the Delivery Point on the Delivery Date.
Just Blend shall be entitled to commission third parties to make delivery.
If Just Blend brings the Blend inside the Premises, beyond the Delivery Point, at your request, or other person accepting delivery of the Blend on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, Just Blend will not be liable for any direct or indirect damage or loss (including in negligence) suffered by you or any third party in doing so.
Just Blend shall be entitled to assume that any person accepting delivery of the Products is either the Customer or someone that is authorised to do so on behalf of the Customer.
- ACCESSIBILITY, SAFETY AND DEEMED DELIVERY
You must ensure that your Delivery Point is easily accessible to Just Blends’ delivery person, and that it is safe for our delivery person to enter your premises in order to complete the delivery. If in our delivery person’s opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to Just Blend are not reached, we will be relieved of our obligation to deliver the Blend but you will be liable for payment for it in full as if you had received the Blend.
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 Blend, every effort will be made to leave the Blends with a neighbor but failing that we will be relieved of our obligation to deliver the Blend but you will be liable for payment for it in full as if you had received the Blend.
In either case, Just Blend will contact you (via phone, text, email or your online account) to advise you of the situation.
- CHANGE OF ADDRESS
You must notify Just Blend immediately of a change to your delivery address. You can alter the Delivery Point and Premises at any time up 24:00 hours on Thursday evening the week before the day for delivery of a Blend.
- DELAYS TO DELIVERY
Just Blend 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.
If Just Blend considers that the delivery of your order is likely to be substantially delayed, Just Blend will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and Just Blend will credit you with the cost of that Blend or Blends.
Where the Delivery Date falls on a public holiday, we reserve the right to deliver on the next working (non-public holiday) day. In any such case we will endeavour to notify you at least 36 hours before the relevant Delivery Date.
- INCORRECTLY OR UNDELIVERED PRODUCTS
If any Product or Blend delivered does not correspond with a Product or Blend ordered, you can:
- keep the incorrectly-delivered Product or Blend, in which case no adjustment will be made to the payment due from you for the order containing the incorrect Product or Blend; or
- reject the incorrectly-delivered Product or Blend, in which case:
- in the case of an incorrectly delivered Bundle, Just Blend will refund the value of the Bundle that was originally ordered; and
- in the case of an incorrectly delivered Blend, Just Blend will at its option either replace that Blend or refund the value of the Blend that was originally ordered.
We will, at our choice, refund you by either crediting your credit card or alternatively crediting your account balance in your online account.
If you choose to reject an incorrectly-delivered Blend in accordance with sub-clause (b), Just Blend reserves the right to collect the incorrectly-delivered Blend from you. If you are unable, or refuse, to deliver up the Blend when requested, or deliver the Blend in a different state (e.g., with some Products missing or partially consumed) than the state in which it was delivered to you, Just Blend reserves the right to charge you for that Blend.
OWNERSHIP AND RISK
- RISK PASSES ON DELIVERY
Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
- WARRANTIES LIMITED
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. You acknowledge that you do not rely on any representation or statement made by or on behalf of any member of Just Blend 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 Just Blend does not assume any obligation or liability for any advice given, and that all such Products are accepted by you entirely at your risk.
LIABILITY AND INDEMNITY
- ALLERGIES AND SPECIFIC DIETARY REQUIREMENTS
The Blends are not designed to cater for allergies or specific or cultural dietary requirements. You must take care and have all responsibility for checking the ingredients in Blends.
- PRODUCT LIABILITY
The liability of Just Blend 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 Just Blends’ obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
- NO LIABILITY FOR INDIRECT LOSS
Just Blend 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.
Notwithstanding any other term, you agree to indemnify Just Blend against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against Just Blend, arising directly or indirectly out of your use of the Website, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
- ALL INTELLECTUAL PROPERTY OWNED BY Just Blend
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website and its contents and all Recipes is owned by, and shall at all times remain the exclusive property of, Just Blend, its licensors and the providers of any other products and services accessible through the Website, and is protected by New Zealand and international law.
- EFFECT OF FORCE MAJEURE
If the performance by Just Blend 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 beyond the reasonable control of Just Blend) Just Blend shall be excused from such performance to the extent of such prevention.
- COLLECTION OF INFORMATION
The Website contains applications which collect personal information about you. Just Blend 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 Just Blend to collect, retain and use their personal information for the purposes of:
- processing your registration application;
- assessing your credit-worthiness;
- undertaking any dealings or transactions with you;
- enforcing any legal or other rights Just Blend may have against you in any manner that Just Blend sees fit;
- sending you any advertising or promotional material; and
- enhancing the Website so that Just Blend may offer you a better, more personalised and tailored service.
- COLLECTION FROM OTHER SOURCES
In using the Website you further authorise Just Blend to collect personal information about you from any other source available to Just Blend including but not limited to credit referral agencies, your bank, any other suppliers of products and services to you and other persons or companies with whom you have been associated.
- JUST BLENDS’ RIGHT TO REFUSE APPLICATION
If sufficient personal information is not supplied, or is not satisfactory to Just Blend, then Just Blend reserves the right to refuse to accept your application to register to use the Website or to make orders.
The Website 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 the Website 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.
The Website may from time to time use, Google Display Advertising services. In this context, Just Blend may from time to time use Google Analytics cookies for AdWords Remarketing – displaying Just Blend advertisements on the Google Display Network based on visitors’ interactions with the Just Blend website. No personally identifiable data is collected for this advertising. Visitors can opt out of Google Analytics for Display Advertising and customise Google Display Network ads using Google’s Ads Preferences Manager. Visitors can also opt out of visit information being collected by Google Analytics on all websites by using the Google Analytics Opt-Out Browser Add-On.
- INFORMATION RETAINED BY JUST BLEND
Any personal information supplied by you may be retained by Just Blend until such time as you request that the information be removed.
Any personal information supplied by you and retained by Just Blend may be disclosed to other persons or body corporates engaged by Just Blend for or in relation to any of the purposes listed in clause 29 above, including but not limited to:
- Research and/or marketing firms.
- Credit referral agencies.
- Business advisors.
Just Blend may also disclose aggregated user statistics to any party, provided that these statistics do not contain any information about identifiable customers and their individual shopping habits.
- STORAGE OF PERSONAL INFORMATION
Just Blend has taken many 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 their Login with any other person.
While Just Blend endeavours to keep your personal information collected on the Website secure and confidential, Just Blend shall not be responsible for any breach of security caused by third parties, nor represents that the Website is completely secure.
- YOUR RIGHTS OF ACCESS
You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information held by Just Blend. If you do so, you agree to pay Just Blend the reasonable charges requested by Just Blend in relation to time and attendances involved in complying with your request in this regard.
Access to your personal information held by Just Blend is available to you in the “My Account” area of the Website. You can change or update their personal information at any time in the “My Account” area of the Website.
- RIGHT TO TERMINATE IN CERTAIN CIRCUMSTANCES
Either party may terminate this agreement immediately on notice to the other if the other:
- being a company:
- goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or
- has a receiver or statutory manager appointed; or
- goes into voluntary administration; or
- being a natural person:
- dies; or
- commits any act of bankruptcy; or
- commits any criminal offence punishable by imprisonment; or
- proposes or enters into any scheme of arrangement or composition with its creditors; or
- fails to pay an amount due under this agreement within 7 days of the due date; or
- breaches any other term of this agreement and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.
- CUSTOMER RIGHTS TO TERMINATE
Except in the case of orders which you have paid for (e.g., first time orders or Speciality Blends), you can pause or terminate this agreement at any time temporarily or indefinitely by notifying us via your online account. The cut off day and time for pausing or terminating an order is on the Thursday at 1700 hours the week before the relevant Delivery Date.
- TERMINATION DOES NOT RELIEVE PARTIES FRO5 LIABILITY UP TO TERMINATION DATE
Termination of this agreement does not relieve the parties from liability under this agreement up to the time of termination, nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that we can continue to market our products and services to you after termination unless you advise us that you do not wish to receive any further material from us.
- JUST BLEND RIGHT TO SUSPEND
If orders are not paid for in full or a customer’s bank declines payment on a customer’s bank card and as a result money is owing to Just Blend, then Just Blend reserves the right to suspend the customer’s ability to place further orders on the Website until such time as the outstanding balance has been paid in full.
- NO WAIVER OF JUST BLEND RIGHTS
Just Blend’s failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.
WEBSITE CONTENT AND USE
- 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 Just Blend. Just Blend 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 the Website.
- SECURITY OF INFORMATION
Just Blend shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, Just Blend will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
You must keep your Login details safe and confidential at all times.
- SITE CONTENT
While Just Blend has endeavoured to ensure that the information provided on the Website is free from error, Just Blend does not warrant its accuracy, adequacy or completeness, and Just Blend 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.
- 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 Just Blends’ prior written consent. You agree that you will not interfere with any other party’s use and enjoyment of the Website, or damage the operation of the Website, or Just Blends’ systems or those of other persons who use the Website, whether by way of a virus, corrupted file, any other software or program, or otherwise.
- BUYING GIFT VOUCHERS ONLINE
- Gift vouchers may be purchased online from anywhere in the world, but we can only deliver Blends and Products to addresses within New Zealand that we service (so you need to be certain that your intended recipient is within an area that we service when purchasing a Just Blend gift voucher).
- We will deliver gift vouchers purchased by you via email to your email address.
- You are responsible for ensuring that all information provided in relation to purchase is correct.
- SPENDING GIFT VOUCHERS ONLINE
- Only Just Blend gift vouchers can be redeemed on the Website.
- Go to the “Gift Voucher” tab on the Website, enter the voucher number and then follow the instructions to complete your purchase(s).
- GIFT VOUCHER TERMS & CONDITIONS
- Just Blend gift vouchers can only be purchased online via the Website.
- Gift vouchers can be partially redeemed. The un-used balance is non-refundable where you are not an ongoing Just Blend customer. If you are an ongoing Just Blend customer, the un-used balance will be credited to your account.
- The minimum gift voucher amount is $20 and the maximum gift voucher amount is $1000.
- Where you are giving a gift voucher to an existing Just Blend customer, or if the gift voucher recipient chooses to subscribe to Just Blend on redemption, the amount of the voucher will be applied as a credit to their account or they can choose to purchase additional Products.
- All gift vouchers expire 12 months from date of purchase.
- A gift voucher cannot be reloaded, and unused balances at the expiry date will not be refunded.
- Just Blend is not responsible if a gift voucher is used without permission.
- Gift vouchers will not be refunded or replaced.
- Gift voucher value cannot be redeemed for cash or credited to a bank account.
- All purchases of Blends or Products using a gift voucher will otherwise be subject to these terms and conditions.
VARIATION OF TERMS AND CONDITIONS
- 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.
- JUST BLEND RESERVES THE RIGHT TO MAK5 IMPROVEMENTS TO TERMS AND CONDITIONS
Just Blend Online reserves the right to make improvements or changes to these Terms and Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities and to meet legal or regulatory requirements). If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
- HOW YOU CAN GIVE US NOTICE
You can give us notice under these terms and conditions via the “My Account” section on the Website.
- HOW WE WILL GIVE YOU NOTICE
We will give you notice by phoning, emailing and/or texting you.
- NEW ZEALAND LAW GOVERNS
New Zealand law governs the use of the Website and these terms and conditions.
“this Agreement” means the agreement made when we accept an order from you to purchase Blends, the terms of which are set out in your order and these terms and conditions.
“Blend” means a delivery of pre-portioned frozen ingredients, which are able to be ordered via the Website and includes Extras and Speciality Blends.
“Customer”, “you” and “your” means you and any other person who registers, and/or orders a Blend, under your Login.
“Delivery Date” means, subject to these terms and conditions, a Sunday (5pm to 8pm)
“Delivery Point” means an outside area of the Premises, such as your front door, or any particular outside area specified by you in making an order via the Website. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building.
“Extra” means Extra products, combinations of products or services which are from time to time offered by Just Blend as complimentary, or add-ons to a Blend.
“GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
“Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) copyright in the Recipes.
“Login” means your personal email address and password used to access the Website under your registration.
“Just Blend” “we” and “our” means Linton Ventures Limited, which is the seller of the Products and the Blends and the owner of the Intellectual Property and includes its related companies, directors, officers, employees or agents.
“Ordering Rules” means the rules set out in clause 2 as updated and/or amended from time to time.
“Premises” means the premises at the address specified by you on your registration application, as amended from time to time.
“Products” means the Blends, and sold via the Website.
“Recipe” and “Recipes” means the recipes from time to time designed by Just Blend.
“Speciality Blends” means one off speciality deliveries of Recipes along with food ingredients necessary for the relevant Recipes (e.g., a one off Christmas Blend or a summer barbeque Blend), which are from time to time offered by Just Blend and able to be ordered via the Website.
“The Website” means this internet site owned by Just Blend, being the medium by which you subscribe to receive Blends.