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Terms and Conditions of Sale
1. These terms
1.1 These terms and conditions govern your purchase of products from EasiYo Products Limited (if you are in New Zealand) and EasiYo Products (Aust) Limited (if you are in Australia) (referred to in these Terms and Conditions as “we”, “our”, “us” or “EasiYo”) through this website (Site) or where you have placed an order with us over the telephone. Please read these Terms and Conditions carefully before you submit your order to us. These Terms and Conditions tell you who we are, how we will provide products to you, how you and we may change or cancel any order for the products, what to do if there is a problem and other important information.
1.2 By placing an order for products through this site, or where you have placed an order for products with us over the telephone or by any other means, you agree that any order is subject to these Terms and Conditions (as current at the time of the order).
1.3 These terms and conditions also apply to those customers who wish to become, or have registered to become, subscribers, and wish to purchase deliveries of products on a regular basis.
2. Information about how to contact us
2.1 You can contact us by:
(a) Phone or email. Call consumer services on 0800 327 496 or by contacting us online via consumer.services@easiyo.com (if you are in New Zealand) or on 1800 327 496 or by contacting us online via consumer.services@easiyo.com (if you are in Australia). Please provide your name, home address, details of the order and, where available, your phone number and email address; or
(b) By post. Write to us at: PO Box 302321, North Harbour, Auckland 0751, New Zealand, including details of what you bought, when you ordered or received it and your name and address
3. Our contract with you
3.1 We will accept your order:
(a) if using the online order process to purchase products with us available on the Site, when we email you to confirm acceptance of your order; or
(b) if placing an order to purchase products with us over the telephone, when your order is delivered to you or when we email or write to you to confirm acceptance of your order (whichever happens first),
(c) If you wish to enter into a subscription contract with us, our acceptance of your subscription will take place when we email you to accept it, at which point a subscription contract will come into existence and the subscription contract will commence on the date that we accept your order. Your subscription contact will provide you with a recurring delivery made every 1, 2 or 3 months (depending on the subscription chosen) on approximately the same date of the month (but otherwise within–3 - 5 days either side) in which your initial subscription order was accepted by us. Your subscription will automatically renew until cancelled in accordance with these Terms and Conditions. We reserve the right to accept or refuse your subscription, to the extent permitted by applicable law.
3.2 Payment of the price for all products forming part of any order must be made on placement of your order through one of the payment methods specified on the Site or, if you are placing an order over the telephone, one of the payment methods specified over the telephone.
3.3 If we are unable to accept your order, we will tell you in writing and not charge you for the product. We can decline to accept your order for any reason, but the reasons will usually be:
(a) the product is out of stock - while we try to keep our Site up to date there are sometimes inaccuracies
(b) there is an error in the price or description of the product
(c) we are unable to meet a delivery deadline you have specified; or
(d) your payment method has declined.
If we are unable to accept your order and your credit/debit card has already been debited, we will notify you and refund your card in full within 7 days of notification.
3.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 This Site, and for orders taken over the telephone, is solely for the promotion of our products in New Zealand and Australia. Unfortunately, we do not accept orders or subscriptions from, or deliver to addresses outside New Zealand or Australia.
4. Our products
4.1 The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.
4.2 While every care has been taken to ensure product information is correct, food products are constantly being reformulated, so ingredients, nutrition content, dietary and allergens may change. You should always read the product label and not rely solely on the information provided on the Site.
4.3 Although product information is regularly updated, we do not accept liability for any incorrect information. This does not affect your statutory rights.
4.4 Product information is supplied for personal use only, and may not be reproduced in any way without the prior consent of us.
4.5 The packaging of the product may vary from that shown in images on our Site.
4.6 If you wish to make a change to the product you have ordered or subscribed for, or cancel your order, before your order has been dispatched by us, please contact us. We will let you know if the change or cancellation is possible, (change or cancellation being in our sole discretion). If we can change your order we will let you know about any changes to the price of the product or subscription, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our rights to make changes
5.1 We may change a product at any time (either as part of a one-off order or as part of a subscription):
(a) to reflect changes in relevant laws and regulatory requirements; or
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
6. Providing the products
6.1 The costs of delivery will be as displayed to you on our Site or, if you are placing an order over the telephone, the costs of delivery made aware to you at the time of placing your order over the telephone.
6.2 During the order or subscription process, or after the order has been processed, we will let you know when we will provide the products to you or provide you with a tracking number for the delivery.
6.3 Subject to any delivery delays outside of our control, we will do our best to deliver your products to you within 30 days from the date your order is accepted and full payment is made.
6.4 For subscription customers, we will use reasonable efforts to ensure that deliveries shall be made on a recurring basis with the frequency you selected and on approximately the same date of the month. We will continue to supply the products to you until the subscription expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 9.
6.5 If no one is available at your address to take a delivery and the products cannot be posted through your letterbox, our delivery providers will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.6 If, after two failed deliveries to you, or if you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may terminate the order.
6.7 The products will be your responsibility from the time we deliver them to the address you gave us.
6.8 Ownership of the products will pass to you at the time of delivery of the products to you.
6.9 We may have to suspend the supply of a product to you to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) manage issues with our supply chain; or
(d) make changes to the product as requested by you or notified by us to you (see clause 5).
6.10 Wherever reasonably possible, we will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If the delivery of any product is suspended for more than 60 days, you may contact us to cancel the order or subscription for a product and we will refund any sums you have paid for the products that have not yet been delivered due to the suspension.
7. Warranties and Liability
7.1 Subject to clauses 7.3, 10 and 11, to the fullest extent permitted by law:
(a) except as expressly set out in these Terms and Conditions, EasiYo excludes all warranties, representations or guarantees (whether express, implied or statutory) in relation to any products or services you purchase through the Site or over the telephone, including any warranty of fitness for any particular purpose or warranty of merchantability; and
(b) EasiYo will not be liable for any special, incidental, consequential or indirect damages or loss, loss of goodwill, data or business profits or any exemplary or punitive damages suffered or incurred by you in connection with the products.
7.2 Subject to the provisions of these Terms and Conditions and the maximum extent permitted by law, the maximum liability of EasiYo to you in relation to a product will not exceed the price you paid for that product under the relevant order made by you.
7.3 You acknowledge and agree that:
8. Your rights to cancel and receive a refund or exchange
8.1 Your may have a right to cancel an order:
where delivery of the product is suspended by us for more than 60 days (refer to clause 6.10);
8.2 As noted under clause 7.3, our products that we sell come with guarantees that cannot be excluded under consumer laws in both Australia and New Zealand. If you consider that any products sent to you are damaged, or defective or fail to comply with any guarantees in the CGA or ACL (as relevant to you), you can notify us via the contact details noted at clause 2. We will examine the received digital or physical evidence of the defective product and will notify you of the outcome via email within 14 days. If your claim is approved, we will process the refund or exchange the product within a reasonable period of time.
8.3 If you seek a refund for any other reason not noted under clause 8.2, please contact us using the details at clause 2 and we will consider each request at our reasonable discretion and within a reasonable period of time.
8.4 All refunds will be for the price you paid for the products including delivery costs, by the method you used for payment.
8.5 Where you have a subscription with us, that subscription will renew on a recurring basis, depending on the subscription option you have selected. You may cancel your subscription at any time by logging into your account and following the cancellation procedure, or by contacting us as set out in clause 2. However, if we have already begun working to fulfil your subscription or we have dispatched your next subscription, you must either pay for that month’s subscription or return the products to us at your own cost and within 7 days from the date the products were delivered to you.
9. Our rights to terminate an order
9.1 We may terminate an order for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery information and address; or
(c) you do not, within a reasonable time, allow us to deliver the products to you.
We will refund you the price of any products paid for but not supplied, less any delivery costs, storage fees or any other expenses EasiYo has incurred in attempting to deliver the product to you.
9.2 For customers with a subscription contract, we may write to you to let you know that we are going to stop providing any products or subscription services. We will use reasonable efforts to let you know in advance of our stopping the supply of any product or subscription and will either substitute a similar product where possible or refund any sums you have paid in advance for products which will not be provided as part of your subscription.
9.3 We may terminate a subscription contract immediately by notice if we consider that your use of the subscription services materially breaches these terms or any applicable law, or you fraudulently use or misuse the subscription service. In this case, we will not be obliged to give any refund to you. We will inform you of the termination of your subscription service.
10. Quality Guarantee for the EasiYo Sachet
10.1 At EasiYo we have a Quality Guarantee, so if your yogurt hasn’t turned out as you’d expected, don’t throw it away!
10.2 Keep it in your fridge, let us know the batch code (if you still have the packaging) and contact us via consumer.services@easiyo.com or call customer services on 0800 327 496 (in New Zealand) or 1800 327 496 (in Australia) for help. You may be asked to provide a photo of your EasiYo maker and yogurt to ascertain the problem. We are always happy to get you going again, even if that means replacing your sachet. It’s all part of our service.
10.3 The EasiYo Quality Guarantee does not cover product that is past its best before date or made in a non-EasiYo branded Yogurt Maker.
11. Price
11.1 The price of the product (which includes GST where applicable) will be the price indicated on the site when you placed your order or, for orders placed over the telephone, the price (which includes GST where applicable) made aware to you over the telephone.
11.2 If you have subscribed to receive our products, the subscription price (“Subscription Fee”) will be the price indicated when you placed your original subscription order. You may cancel, update or amend your subscription from time to time by logging in to your account and selecting the relevant options. Your account information will also display details about , your subscription, Subscription Fee and the next due date for payment. We may increase the Subscription Fee by giving at least 30 days’ notice. If you do not wish to pay the increased Subscription Fee, you may cancel your subscription in accordance with these terms. If you do not cancel your subscription in accordance with these terms, you are deemed to have accepted the increased Subscription Price.
11.3 We take all reasonable care to ensure that the price of products or subscriptions advised to you on the site or over the phone is correct. However please see clause 11.4 for what happens if we discover an error in the price of a product you order.
11.4 It is always possible that, despite our best efforts, some of the products or subscriptions we sell may be incorrectly priced. We will normally check prices before accepting your order or subscription so that, where the product’s or subscription’s correct price at your order date is less than our stated price at your order date, we will refund you the difference for the lower amount. If the product’s correct price at your order or subscription date is higher than the price stated to you, we will contact you for your instructions before we accept your order or subscription and you may be required to pay for the difference in the increased amount. If we accept and process your order or subscription where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate an order, refund you any sums you have paid and require the return of any goods provided to you.
11.5 For subscription customers, we will automatically charge the Subscription Fee every one, two or three months (depending on the subscription chosen) on the payment date specified in your online account. You may cancel your subscription at any time by logging into your account and selecting the relevant option. Unless you cancel your subscription on or before your next due date for payment of the Subscription Fee, we will automatically charge the Subscription Fee to your credit/debit card and deliver the subscription goods to you. Your initial registration and application for a subscription will constitute your acceptance of these terms. If your payment method becomes invalid during your subscription for any reason, or if the charge is refused for any other reason outside our control, you authorise us to use any other payment method we have on file in your account or, if all payment methods are declined, you must provide us a new eligible payment method within 30 days or your subscription will be cancelled.
11.6 If you think any charge is wrong please contact us promptly to let us know.
12. Gift Cards
12.1 Electronic Gift Cards (“Gift Cards”) can be purchased online through https://nz.easiyo.com/ or https://au.easiyo.com/ and are issued by EasiYo Products Limited (if you are in New Zealand) or EasiYo Products (Aust) Limited (if you are in Australia). Gift Cards are only valid in the country of purchase. Gift Cards have no value until activated at time of purchase. Gift Cards can only be used for the purchase of goods at https://nz.easiyo.com/ (if you are in New Zealand) or https://au.easiyo.com/ (if you are in Australia) but may not be used for ongoing subscription payments. Values of $10, $25, $50 or $100 can be loaded onto the Gift Card. Any unused value on the Gift Card expires 3 years after date of issue. To use, simply present the Gift Card for full or part payment of goods at the time of online purchase. The amount of any purchase will be deducted from the Gift Card. Unredeemed values will remain on the Gift Card and no change will be given. You can request a balance check on your Gift Card at any time by contacting us at consumer.services@easiyo.com. EasiYo is not responsible if a Gift Card is lost, altered, stolen or used without permission. Gift Cards will not be refunded and cannot be exchanged for cash. Gift Cards can be used in conjunction with another form of payment, such as credit card, to make up the full value of the purchase. EasiYo reserves the right to amend the terms and conditions of the Gift Card at any time and to take appropriate actions, including the cancellation of a Gift Card (at its discretion), where it deems such action is necessary.
13. How we may use your personal information
13.1 Our privacy policy (viewable here) governs the collection, use, storage and disclosure of personal information by EasiYo. The privacy policy forms part of these Terms and Conditions.
13.2 Abandoned Carts – By providing your email address at the point of purchase you agree EasiYo may contact you to assist with the completion of your purchase.
14. Other important terms
14.1 We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under any order.
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 We may vary these Terms and Conditions from time to time, so please check back to see when our terms were last updated. We will give you the option to cancel any current order, within 10 days of varying these terms, if you do not agree with any of our changes. If you are a subscription customer, and we change these terms, we will notify you in advance of any changes (including any product price changes as part of any subscription package), and we will give you the option to cancel your subscription if you are unhappy with any of our changes.
14.6 These terms:
(a) if you are in New Zealand, are governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters or disputes connected with these Terms and Conditions; and
(b) if you are in Australia, are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
