Top

Terms & Conditions

Terms Used:

The seller; refers to Martha's Backyard Limited.
The buyer; refers to any person or legal entity purchasing from the seller.

There is no minimum purchase for online orders.

Orders received before 1pm will make the evening courier. Any orders placed after that will be on the next earliest morning courier and overnight shipping is from then. Please allow for 2 business days if your order is made after 3pm. All orders couriered on Friday prior to 1pm should arrive the following Monday if North Island and, if South Island and non-rural delivery, the following Tuesday. Please see Shipping & Returns for details and exact pricing options. Orders received before 1pm will make the evening courier, any orders placed after that will be on the next earliest morning courier and overnight shipping is from then. Please allow for 2 days if your order is made after 3pm daily. All orders couriered on Friday prior to 1pm should arrive the following Monday.

General
These Conditions of Use shall prevail over any terms contained in any order or offer made by the buyer or any document used by the buyer (which shall have no effect).

Ordering
The seller's website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The seller's acceptance of the buyer's order occurs (and the contract is formed) when the goods are dispatched to the buyer.

Order Process
The buyer may order products from the seller by completing and submitting the checkout process on the seller's website. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyer's order.

The Seller's Discretion in Rejecting Orders
No order shall be deemed accepted by the seller until the seller has sent the buyer's order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyer's order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.

Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (the Act) then: If the buyer is acquiring products from the seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products. In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall any way limit the purchaser's rights under the Act.

Prices
Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars ($NZD) and include GST. Any currency conversion will take place online at the rate applicable at the time of purchase.

Taxes and other Charges
All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.

Gift Vouchers
Gift vouchers will not be exchanged and are not subject to returns for credit or refunds. Gift vouchers cannot be used to buy more gift vouchers. The seller will not replace a gift voucher that is lost or stolen after being received.

Overseas orders
Except for New Zealand Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to buyers order. The buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to buyer's order.

Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.

The seller may vary any prices on the seller's website at any time and without notice to the buyer.

Availability and Cancellation
All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.

Cancellation of Orders
Where products are listed on the seller's website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.

The seller may cancel the buyer's order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.

Delivery
Once the seller has confirmed acceptance of the buyer's order, the seller will endeavour to dispatch the buyer's order within 3 business days unless a different time frame is specified in relation to a particular product. If the seller is unable to dispatch the buyer's order within the time frame specified the seller will endeavour to contact the buyer and advise the buyer of the expected dispatch date.

The seller reserves the right to dispatch the buyer's order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered. The buyer may cancel any undelivered instalments up until the instalment is confirmed.

Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.

The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for the loss of any order that is delivered in accordance with the buyer's delivery instructions.

New Zealand law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost. Shortages, Damages or Loss in Transit - Liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where the buyer believes that there is a shortage in the quantity of products delivered, the buyer must notify the seller of any such claim within 7 days of delivery and must provide the seller with a reasonable opportunity to investigate that claim.

All orders delivered within New Zealand are insured against damage or loss during transit up to the value of NZ$1500.

Goods leaving the seller's premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:

Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly. Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.

No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.

Return of Goods for Credit or Refund Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.

Please refer to the Shipping & Returns policy to see what is covered.

Liability and Maintenance Guarantee
To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law, the seller's liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.

To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyer's access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.

The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.

Errors or Omissions
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.

Ownership and Risk
Ownership of all goods sold by the seller (the goods) is retained by the seller until the seller has received payment of the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment. Until full payment is made, the buyer agrees to: Enable the goods to be readily identifiable as the property of the seller. Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller. On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.

Personal Property Securities Act 1999 - Until full payment has been received for the buyers order, the buyer acknowledges and agrees that: These Conditions of Use constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and a security interest is taken in all products previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer (if any).

The seller undertakes to: Sign any further documents and provide any further information which the buyer may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register; indemnify the seller for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities Register or releasing any item charged thereby; not register a financing change statement or a change demand on the Personal Property Securities Register without our prior written consent; give the seller not less than 14 days prior written notice of any proposed change in the buyer's name or any of the buyer's contact details.

Unless otherwise agreed to in writing by the seller, the buyer waives their right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999.

Risk
Once the buyer's order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer's delivery instructions), the buyer assumes full responsibility for and risk in the products.

Description of Products
Modifications and improvements to the seller's products, prices and data are constantly being made. Although the seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.

The seller also relies on information from its suppliers and product manufacturers and will not be liable for any error in the descriptions, illustrations and literature supplied by its suppliers and product manufacturers.

If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take the appropriate action.

Force Majeure
The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside the seller's reasonable control.

Compliance
The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.

Changes to these Conditions of Use
The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller's website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.

Severability
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

Disputes and Governing Law
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.

These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Conditions of Use (and any contracts to which these Conditions of Use apply).

Feel free to contact us.

Returns Policy
The vast majority of orders at Martha's Backyard are delivered without a hitch, but understandably from time-to-time things go wrong and you may need to arrange a return or replacement. This page should help you determine what's covered. If you are unsure please contact us directly and we'll be happy to help you out.

The item I received is not the item I ordered.
We will replace the item or provide a full refund. To receive your replacement or refund you must return the original item to Martha's Backyard. You will be provided with a no-cost return-addressed courier satchel (or similar) and process your refund or replacement within 14 days of receiving your item, please contact us.

The item I ordered was damaged in transit.
If your item was damaged between leaving the Martha's Backyard warehouse and arriving at your delivery address you will receive a full refund or replacement depending on whether the damage was caused by inadequate packaging or incorrect handling by the courier. Please email us for details, in some cases NZ Couriers or Fastway Post will collect the damaged parcel from your address, along with the original packaging, and once the cause of the damage has been verified your return will be processed.

The item I ordered did not arrive.
If your item did not arrive the first thing to do is request a track and trace from us if you have not already received one.

If the track and trace on your order indicates that it has been delivered, but you are unable to find it, we will start an investigation with NZ Couriers or Fastway Couriers on your behalf.

Regrettably, neither Martha's Backyard nor NZ Couriers are able to refund or replace items that have been lost, damaged or stolen after being delivered to your property. If you are concerned about leaving your items unattended we recommend putting a comment in your delivery instructions not to leave the package without a signature.

I've changed my mind and no longer want the item I ordered. Unfortunately we are unable to accept a return if you've simply changed your mind or no longer want the item.

Martha's Backyard is fully committed to protecting your rights under the Consumer Guarantees Act.

If you have any questions please contact us.

Health Information

Allergies
Please be advised that all products we currently sell are pre-packaged but the nature of our working environment does not allow us to test for allergies. Even with products where the manufacturer's advice is that the product is allergy free we cannot guarantee that there was no exposure to traces during our packaging.

Sugar Free, Gluten Free & Low Carbohydrate Diets
All sweets that are produced for people with specific dietary needs are listed with their ingredients within the product description. This information is provided by the Manufacturer and not by Martha's Backyard.

Vegetarian
Where a product is labelled by the manufacturer as suitable for Vegetarians or Gelatine Free this information will be displayed within each individual product description. This information is currently being updated as it is available. If the information is not currently listed, feel free to contact us about any products.

Best Before Dates
We stock many short shelf life items and we will provide either the best by date or expiration dates as much as possible. Online, we only sell current expiration dates and nothing which has expired. Manufacturers indicate best by dates to advise you when the product is best consumed. Certain items such as chips will have a much shorter shelf life so be sure you want the product knowing this.

While every effort is made to ensure that the Health information contained in this site is as accurate as possible, it is taken from the manufacturer and therefore we cannot guarantee any of the information. We would ask anyone with specific dietary requirements to exercise caution when ordering.

Privacy Policy
This privacy policy sets out how Martha's Backyard uses and protects any information that you give Martha's Backyard when you use this website.

Martha's Backyard is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Martha's Backyard may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1 September 2012.

What we collect
We may collect the following information:
  • name
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
  • Internal record keeping
  • To improve our products and services
  • To periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests. Unless you advise us otherwise, for the purposes of the Unsolicited Electronic Messages Act 2007 by purchasing products from our website, you consent to receiving periodic email correspondence from the seller.

Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
  • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee may be payable. If you would like a copy of the information held. If you believe that any information we are holding on you is incorrect or incomplete, please contact us. We will promptly correct any information found to be incorrect.
Continue