Conditions of Sale

Conditions of Sale are as detailed below

General

1.1 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 Barker’s of Geraldine Online Shopping who is not registered to use Barker’s of Geraldine Online Shopping.

2. “Delivery Point” means an outside area of the Premises, such as the Customer’s front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.

3. “Delivery Fee” means the fee you as the customer must pay to have your order packed and delivered and may also be referred to as “Shipping fee”.

4. “GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

5. “Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.

6. “Login” means a Customer’s personal email address and password used to access Barker’s of Geraldine Online Shopping under that Customer’s registration.

7. “Premises” means the premises at the address specified by the Customer on their registration application, as amended from time to time.

8. “Products” means the products for sale in Barker’s of Geraldine Online Shopping.

9. “Barker’s of Geraldine” means Barker Fruit Processors Limited, which is the seller of the Products.

10. “Barker’s of Geraldine Group” means Barker Fruit Processors Limited, its related companies, and directors, officers, employees or agents of Barker’s of Geraldine or its related companies.

11. “Barker’s of Geraldine Online Shopping” means this internet site owned by Barker’s of Geraldine, being the medium by which Products are offered for sale online by Barker’s of Geraldine to the Customer.

 

1.2 Use of Barker’s of Geraldine Online Shopping subject to terms and conditions

Your access to, and use of, Barker’s of Geraldine Online Shopping is subject to the following terms and conditions. By using Barker’s of Geraldine 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 Barker’s of Geraldine Online Shopping constitute legal offers to purchase, and are capable of being accepted by Barker’s of Geraldine without any further reference to the Customer.

 

1.3 Terms and conditions to prevail

These terms and conditions shall prevail over any other document purporting to have a contractual effect.


1.4 Barker’s of Geraldine’s discretion to accept registration

Barker’s of Geraldine has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.

 

1.5 Barker’s of Geraldine discretion to accept orders

Barker’s of Geraldine has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Barker’s of Geraldine may cancel an order for any reason whatsoever.

 

1.6 Registration and access costs

No costs are payable to register to use Barker’s of Geraldine Online Shopping, but Customers are responsible for any costs incurred in using Barker’s of Geraldine Online Shopping, including any charges imposed by their internet service provider.

 

1.7 Suspension or termination

Barker’s of Geraldine may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Barker’s of Geraldine Online Shopping for any reason whatsoever.

 

1.8 Customer liable for every order

Customers are liable for every order made under their Login.

 

1.9 Trading hours

An order submitted by a Customer before 1:00 pm on Anzac Day or at any time on Christmas Day shall not be accepted by Barker’s of Geraldine immediately at checkout but shall be deemed to have been accepted by Barker’s of Geraldine at 1:05pm on Anzac Day or 12:05 am on Boxing Day.

 

1.10 Trade not supplied

Unless otherwise agreed, Customers may not purchase Products through Barker’s of Geraldine Online Shopping for the purpose of resale.

 

1.11 Security of information

Barker’s of Geraldine shall use its reasonable endeavours to prevent any unauthorised entry into Barker’s of Geraldine Online Shopping. However, no member of the Barker’s of Geraldine Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Safe payment systems – Barker’s of Geraldine uses “Payment Express” to securely authorise credit card payments before any charges are made. For further information regarding “Payment Express” and how it encrypts and processes transactions, please visit www.paymentexpress.com.

 

1.12 Site content

While Barker’s of Geraldine has endeavoured to ensure that the information provided on Barker’s of Geraldine Online Shopping is free from error, no member of the Barker’s of Geraldine Group warrants its accuracy, adequacy or completeness, and no member of the Barker’s of Geraldine Group shall be responsible or liable for any error in, or omission from, the information provided on Barker’s of Geraldine Online Shopping.
We reserve the right to make changes to the information provided on Barker’s of Geraldine Online Shopping at any time and without notice.

 

1.13 Use of the site

The Customer agrees not to use Barker’s of Geraldine Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on Barker’s of Geraldine Online Shopping for their own personal use but otherwise neither Barker’s of Geraldine Online Shopping, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without prior written consent from Barker’s of Geraldine. The Customer agrees that it will not interfere with any other party’s use and enjoyment of Barker’s of Geraldine Online Shopping, or damage the operation of Barker’s of Geraldine Online Shopping or  systems or those of other persons who use Barker’s of Geraldine Online Shopping, whether by way of a virus, corrupted file, any other software or program, or otherwise.

 

Price

2.1 Pricing

The Customer shall pay Barker’s of Geraldine for the Products ordered at the price displayed at the time the order is submitted. 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.

Prices and specials available on Barker’s of Geraldine Online Shopping may not necessarily be the same as the prices and specials available in the Barker’s of Geraldine Shop. Any prices and specials available in the Barker’s of Geraldine’ shop will only apply to Products purchased through Barker’s of Geraldine Online Shopping if those prices or specials are specifically displayed on Barker’s of Geraldine Online Shopping, and vice versa.

Barker’s of Geraldine may vary the prices of the Products at any time without notice.

 

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 Delivery fee

In addition to the price of Products ordered, the Customer shall pay Barker’s of Geraldine a delivery or shipping fee. This fee covers the costs associated with packing and delivery of your order. The fee shall be identified and included in the total price at the point of checkout. Barker’s of Geraldine may change this fee at any time.
For orders in excess of 16 kg Barker’s of Geraldine reserves the right to adjust the delivery fee to reflect the actual cost of delivery. If Barker’s of Geraldine chooses to adjust the delivery 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 Barker’s of Geraldine 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.

 

2.5 Variation of order and price

If the Customer requests a variation to the order under clause 6.1 which Barker’s of Geraldine accepts then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.

 

2.6 Barker’s of Geraldine may set credit limits

Barker’s of Geraldine may from time to time set credit limits for individual Customers.

 

Product Availability, Specials And Quality

3.1 Product availability

Every effort will be made to fulfil orders placed with Barker’s of Geraldine Online Shopping, but no member of the Barker’s of Geraldine Group shall be liable to any person if Barker’s of Geraldine is unable to or declines to supply a Product for any reason whatsoever.

Barker’s of Geraldine may delay dispatch of orders that exceed reasonable household quantities due to stock availability.

 

3.2 Specials

Specials are subject to availability while stocks last. Barker’s of Geraldine Online Shopping does not allow back orders for specials that are out of stock.

 

3.3 Product quality

If Barker’s of Geraldine agrees that a Product was delivered to a Customer in a damaged or spoiled condition, Barker’s of Geraldine 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).

 

3.4 Product labelling information

All products are sold in compliance with the labelling provisions of the Australia New Zealand Food Code. If the product delivered contains labelling information that does not meet with the customer’s requirements (e.g. ingredients, allergens, nutritional information etc.) the customer may ask Barker’s of Geraldine for a refund, or replacement product to an equivalent value, upon presentation of the product and accompanying online shopping invoice.

 

Payment

4.1 Method of Payment

Customers must pay Barker’s of Geraldine for the Products purchased by credit card. Barker’s of Geraldine Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.

 

4.2 Payment by credit card

If a Customer’s credit card is declined by its financial institution, delivery of the relevant order will not be made, and Barker’s of Geraldine will contact the Customer to make alternative payment arrangements.

Barker’s of Geraldine reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

 

4.3 Adjustments

If a Customer is invoiced an incorrect amount for any Product ordered, Barker’s of Geraldine shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.


4.4 Debt collection

The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.

 

4.5 Change to payment policy

Barker’s of Geraldine 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.

 

Delivery

5.1 Right to withhold delivery

Barker’s of Geraldine reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if Barker’s of Geraldine permits) or alternative delivery arrangements are made.

 

5.2 Delivery and liability

Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of the Barker’s of Geraldine Group shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of the Barker’s of Geraldine Group for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.

Barker’s of Geraldine shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.

 

5.3 Accessibility and safety

Customers shall ensure that their Delivery Point is easily accessible to Barker’s of Geraldine’s couriers, and that it is safe for those couriers to enter the Customer’s premises in order to complete the delivery. If in the courier’s opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Barker’s of Geraldine reserves the right to charge Customers an additional delivery fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to Barker’s of Geraldine are not reached, the Customer will be deemed to have cancelled the order and may incur a $20 cancellation fee.

 

5.4 Change of address

The Customer shall notify Barker’s of Geraldine on 0508BARKERS immediately of a change to its delivery address.

 

5.5 Delays to delivery

Notwithstanding any other term, no member of the Barker’s of Geraldine Group shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Barker’s of Geraldine or otherwise.

If Barker’s of Geraldine considers that the delivery of a Customer’s order is likely to be substantially delayed, Barker’s of Geraldine may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.

 

5.6 Delivery deemed to have taken place

If no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.

 

5.7 Incorrectly or undelivered Products

If any Product delivered does not correspond with a Product ordered, the Customer may:

(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or

(b) reject the incorrectly-delivered Product, in which case Barker’s of Geraldine will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).

If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), Barker’s of Geraldine reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, Barker’s of Geraldine reserves the right to charge the Customer for that Product.

If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Barker’s of Geraldine will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock Barker’s of Geraldine may cancel the order for that Product) (in each case without incurring any cancellation fee), and Barker’s of Geraldine will refund the value of the relevant Product (as at the date on which the Product was ordered).

 

Variation/Cancellation Of Order

6.1 Variation/cancellation of order

(a) The Customer may vary or cancel the order up to the point in time that Barker’s of Geraldine has commenced packing the order by contacting Barker’s of Geraldine on 0508BARKERS.

(b) If the Customer wishes to cancel an order after the order has been packed, the Customer may incur a $20 cancellation fee.

(c) If the Customer wishes to cancel a Rural or Provincial order after the order has been picked up by the Courier, the customer may incur a $20 cancellation fee, additional fees associated to the cost of the courier delivery tickets used for the order, and any subsequent costs associated for returning the order to the store by the Courier.

(d) If the Customer wishes to cancel a standard Metropolitan order after the order has been picked up by the Courier, the customer may incur a $20 cancellation fee, and any subsequent costs associated for returning the order to the store by the Courier.

(e) Barker’s of Geraldine 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:

  • the Products in that order are not available;
    or
  • there is an error in the price or the product description posted on the Site for the Product in that order; or
    that we reasonably believe your order has been placed in breach of these terms and conditions.

(f) In the event of a cancellation by Barker’s of Geraldine, Barker’s of Geraldine will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.

 

Property/Risk

7.1 Products

Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.

 

7.2 Login

The Customer shall keep their Login details safe and confidential at all times.

 

Warranties

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 Barker’s of Geraldine 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 Barker’s of Geraldine 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.

 

Liability And Indemnity

9.1 Product liability

The liability of the Barker’s of Geraldine Group 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 Barker’s of Geraldine’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

 

9.2 No liability for indirect loss

No member of the Barker’s of Geraldine 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, Barker’s of Geraldine Online Shopping, or the delivery or failure to deliver any Products.

 

9.3 Indemnity

Notwithstanding any other term, the Customer agrees to indemnify each member of the Barker’s of Geraldine 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 Barker’s of Geraldine Group, arising directly or indirectly out of the Customer’s use of Barker’s of Geraldine Online Shopping, any breach of these terms and conditions, or the delivery or failure to deliver any Products.


Intellectual Property

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Barker’s of Geraldine Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, Barker’s of Geraldine, its licensors and the providers of any other products and services accessible through Barker’s of Geraldine 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.

 

Force Majeure

If the performance by Barker’s of Geraldine 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 Barker’s of Geraldine) Barker’s of Geraldine shall be excused from such performance to the extent of such prevention.

 

Privacy Act

12.1 Collection of information

Barker’s of Geraldine Online Shopping contains applications which collect personal information about the Customer. Barker’s of Geraldine 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 Barker’s of Geraldine Online Shopping the Customer authorises Barker’s of Geraldine to collect, retain and use their personal information for the purposes of:

(a) processing the Customer’s registration application;

(b) assessing the Customer’s credit-worthiness;

(c) undertaking any dealings or transactions with the Customer;

(d) enforcing any legal or other rights Barker’s of Geraldine may have against the Customer in any manner that Barker’s of Geraldine sees fit;

(e) sending the Customer any advertising or promotional material; and  

(f) enhancing Barker’s of Geraldine Online Shopping so that Barker’s of Geraldine may offer you a better, more personalised and tailored service.

 

12.2 Collection from other sources

In using Barker’s of Geraldine Online Shopping the Customer further authorises Barker’s of Geraldine to collect personal information about the Customer from any other source available to Barker’s of Geraldine 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.

 

12.3 Barker’s of Geraldine’s right to refuse application

If sufficient personal information is not supplied, or is not satisfactory to Barker’s of Geraldine, then Barker’s of Geraldine reserves the right to refuse to accept the person’s application to register to use Barker’s of Geraldine Online Shopping.

 

12.4 Barker’s of Geraldine’s use of cookies

Barker’s of Geraldine 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 Barker’s of Geraldine 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.

 

12.5 Website Analysis Tools

Barker’s of Geraldine 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 Barker’s of Geraldine Online Shopping to registered shoppers may include code that measures e-mail response and click through activity.

 

12.6 Information retained by Barker’s of Geraldine

Any personal information supplied by the Customer may be retained by Barker’s of Geraldine until such time as the Customer requests that the information be removed.

12.7 Disclosure

Any personal information supplied by the Customer and retained by Barker’s of Geraldine may be disclosed to other persons or body corporates engaged by Barker’s of Geraldine for or in relation to any of the purposes listed in clause 12.1 above, including but not limited to:

(a) Barker Fruit Processors Ltd employees.

(b) Research and/or marketing firms.

(c) Credit referral agencies.

(d) Business advisors.

Barker’s of Geraldine 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.

 

12.8 Storage of personal information

Barker’s of Geraldine 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 Barker’s of Geraldine endeavours to keep the Customer’s personal information collected on Barker’s of Geraldine Online Shopping secure and confidential, no member of the Barker’s of Geraldine Group shall be responsible for any breach of security caused by third parties, nor represents that Barker’s of Geraldine Online Shopping is completely secure.

 

12.9 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 Barker’s of Geraldine. The Customer agrees to pay Barker’s of Geraldine the reasonable charges requested by Barker’s of Geraldine in relation to time and attendances involved in complying with the Customer’s request in this regard.

Access to a Customer’s personal information held by Barker’s of Geraldine is available to the Customer in the “My Account” area of Barker’s of Geraldine Online Shopping.

 

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 Barker’s of Geraldine.

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.

 

Links To And From Other 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 Barker’s of Geraldine Group. The Barker’s of Geraldine 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 Barker’s of Geraldine Online (www.barkers.co.nz).

 

Variation Of Terms And Conditions

From time to time Barker’s of Geraldine Online Shopping may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of Barker’s of Geraldine Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes.

 

Governing Law

New Zealand law governs the use of Barker’s of Geraldine Online Shopping and these terms and conditions.

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