TERMS AND CONDITIONS OF TRADE
WOOP (“we”, “us” or “our”) is a trading name of WOOP Limited – a New Zealand company registered under NZBN 9429041864142
Our physical address is 8 Albert Street, Auckland 1010, New Zealand.
These terms and conditions of trade apply to all our sales of WOOP boxes. Any additional or divergent terms you stipulate or state in communication with us (including an order) will not bind us unless agreed to in writing by us. No sales person, representative or agent is authorized by us to give any guarantee, warranty or representation in addition to, or contrary to these terms. By placing an order for the delivery of a WOOP box (or boxes) to you, or another person directed by you, you are deemed to have agreed to be bound by the following terms.
1.1. You certify that the information set out in your application to open an account is true and correct. By placing an order you are making an offer to buy WOOP boxes, and we may accept or decline this offer for any reason.
1.2. You must notify us immediately if there is any change to the account information that you have supplied to us.
2. Price and Price Variation
2.1. All price lists are quoted in New Zealand dollars (NZD) and include goods and services tax (GST) unless otherwise stated and delivery costs unless as stated in 5.4). Unless otherwise agreed in writing, the price of the WOOP boxes will be the current price when the order is confirmed. Product price lists and any prices quoted by us (until order is confirmed) are subject to change, according to our discretion, from time to time.
2.2. All WOOP boxes and services sold are subject to GST.
3.1 When you place an order you agree to purchase, and we agree to deliver, the WOOP box(es) that you have selected. Your plan will, unless paused or terminated by you, in accordance with these terms and conditions, carry on indefinitely. You agree to pay for every order made under your account which has not been cancelled or paused prior to our cut-off date (midnight on the Monday prior to your delivery).
3.2 If you wish to pause or cancel your plan, you must notify us before our cut-off date (midnight on the Monday night prior to delivery). You may either pause your plan for a defined period or indefinitely.
3.3 To cancel your account you must notify us by updating your account in your dashboard to stopped or in writing via email at email@example.com, an email response from us will confirm your cancellation.
3.4 WOOP Christmas box: once payment has been taken for your Christmas box, you agree to receive it. No cancelation will be accepted after payment.
4.1 You can view an invoice for every week that you have receieved a delivery in your account dashboard.
4.2. We will invoice you for your WOOP box and deduct the payment from your credit card account, on the Tuesday before the Sunday's delivery.
4.3. We only accept payment by credit card through our website.
4.4. We reserve the right to suspend delivery of further WOOP boxes if the terms of payment are not strictly adhered to by you.
4.5. You must pay us all expenses, costs or disbursements incurred by us in recovering any outstanding monies including debt collection agency fees and solicitor’s costs.
4.6. Charges will appear on your credit card as “WOOP Ltd”.
5.1. We will deliver the WOOP boxes to the address stated in your account or as agreed to by us in writing.
5.2. We will deliver the WOOP boxes by such carrier and in such form of transport that we consider to be appropriate.
5.3. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your front door or in a safe place directed by you in the delivery instructions you provide. Our meal ingredients are packaged in an insulated box with an ice pack that will typically remain cold and fresh for up to two hours. However, depending on the season and temperature at the time of delivery, advance planning by you should be made for proper storage of your meal ingredients prior to consumption. You can provide additional delivery instructions when setting up your account, such as requesting that your delivery be left at a specific location on your property or with a neighbour. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
5.4 If your delivery address is not accessible during the delivery hours specified, we will charge a re-delivery fee.
5.5. We will not be responsible for non-delivery or delay in delivery of the WOOP boxes as a result of events occurring beyond our reasonable control. We will not be responsible for any consequences (direct or indirect) arising from such a delay or non- delivery.
6. Privacy Act 1993
6.1 You authorise us to collect, retain and use personal information about you (including the information collected in your application) for the following purposes only:
a) deciding whether to allow you to open an account or continue to operate an account;
b) recovering amounts payable by you from you; and
c) marketing WOOP and our other goods and services to you.
6.2 You have a right of access to information that we hold about you. You may request correction of that information and may require that the request be stored with that information.
7. Return and Refunds
7.1. If you are dissatisfied with a meal or meal ingredient for any reason, please contact us at firstname.lastname@example.org within seven days of the date you received the meal ingredients. We may require the return or photographic documentation of any meal ingredient with which you are dissatisfied before we provide you a credit or refund.
7.2 We will not accept the return of WOOP boxes for credit or refund or any other purpose except if the delivery was due to our error. Return freight will be at our cost only when there has been an error by us.
7.3. We will not accept a returned WOOP box if it has been tampered with by you or any other person. If a WOOP box is returned to us in any other circumstances, it will be disposed of at your expense.
8. Risk and title
8.1. Risk in the WOOP box shall pass to you when the carrier delivers the WOOP box to your delivery address.
8.2 You become the owner of the silver WOOP box container and the icepacks when the carrier delivers the WOOP box to your delivery address. If you wish, you can return them to us. If you receive a Sunday delivery simply leave the box for your courier driver when you receive your next delivery.
9.1. The Consumer Guarantees Act 1993 (CGA) applies to our supply of WOOP boxes to you as follows:
a) If a WOOP box fails to comply with any guarantee in the CGA, we will either, at our option, replace that WOOP box or refund the price for that WOOP box by crediting your account balance.
b) Any right which you have to reject a non-conforming or defective WOOP box will only be effective if you notify us in writing within seven days following delivery and we are given the opportunity to inspect the WOOP box.
9.2 We accept no other liability for any claim by you or any other person, including without limitation any claim relating to or arising from:
a) any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
b) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by us in writing; or any service forming part of the supply of the WOOP boxes which have been performed by any third party.
9.3 WOOP’s liability under any claim shall not exceed the price of the relevant WOOP boxes.
9.4 Nothing in these terms is intended to have the effect of contracting out the provisions of the CGA except to the extent permitted by the CGA, and these terms are to be modified to the extent necessary to give effect to that intention.
10.1 If we charge you the wrong amount for a Woop box, we will either apply a credit to your credit card or apply a credit or debit to your online account.
11. Termination by us
11.1 If you fail to make any payment due or commit any other breach of any of your obligations; we (in addition to any other remedies we may have) may cancel your account. Any such cancellation shall be without prejudice to any claim or right we may otherwise possess.
11.2 Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to order and receive Woop boxes, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.
12. Variations to Terms and Conditions of Trade
12.1. We from time to time and in our sole discretion amend, add to or delete any of the these terms and conditions with immediate effect by giving you notice provided that such change will not apply to any WOOP boxes that have already been ordered and paid for by you.
13. Governing Law
13.1 These terms of trade are governed by the laws of New Zealand.