Terms and conditions
1. Purchase of Products and Services and use of Website 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 from us (whether via the Website or other means) is subject to the following terms and conditions.
When you order products and/or services from us, and/or use the Website, you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.
Our store is hosted on wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. Orders and Subscriptions
The cut off day and time for ordering your ELMO'S food box will be listed on the Website and may change from time to time.The delivery date for receiving your ELMO'S food box will be listed on the Website and may change from time to time.We will communicate to you the expected delivery time closer to the delivery date.
You can choose to have a ELMO'S food box for 2 people or 4 people.
3. Refusal or cancellation
ELMOS food box reserves the right to refuse service to anyone for any reason at any time and has the absolute discretion as to whether an order placed is accepted and fulfilled.
ELMOS food box may cancel an order for any reason whatsoever.
4. Cost and Payment
Prices are per ELMO'S food box, and are listed on the Website.
The prices of the Boxes are inclusive of GST.
Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.
Delivery costs are inclusive of GST.
All amounts are in New Zealand dollars.
Invoicing ELMO'S food box will invoice you via email.
You must pay by credit card. We do not accept payment by any other means.
ELMO'S food box orders that are not subscription orders do not involve ongoing and regular payments, this will be invoiced and deducted from your credit card, immediately following placing your order with us.
6. Debt collection
You are liable for all costs associated with debt collection where you default in payment for any order.
7. Product availability and quality
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy from time to time.
ELMO'S food box will make every effort to fulfil orders placed correctly, however we will not be liable to any person if we are unable, or decline, to supply an order for any reason whatsoever, other than to refund in accordance with our then current Refunds Policy.
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.
ELMO'S food box may alter recipes or ingredients due to stock availability.
8. Product Quality
See our Refunds Policy for details on returning your ELMO'S food box.
All products supplied will be labelled with a ‘best before’ date. Check all best before dates on arrival and consume before this date. Most seafood, poultry and meat products can be frozen, unless labelled otherwise. If you prefer to cook more recipes later in the week, just check the expiration date of your items and freeze any bread and proteins to enjoy later. Seafood recipes are best eaten first, followed by chicken, then pork, then red meat.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
9. Allergies and specific dietary requirements
Except where we specifically and expressly advise you otherwise, our products 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 our boxes and products.
10. Recipe instructions
The estimated cooking times are indicative only and individual customer results may vary.
We do our best to try to ensure that any nutrition information provided is calculated as accurately as possible but please be aware that it is approximate. Where we do provide this information, we base it on purchased ingredients and volumes combined with the most common household ingredient brands, using recipe volumes.
11. Delivery Areas
ELMO'S food box is available to Auckland region only and within a 10km radius of Ponsonby Auckland.
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If a delivery suburb or postcode is included in the order process, this does not imply that ELMO'S food box will deliver to all addresses within that suburb or postcode. ELMO'S food box will contact you within 3 days of receiving your order if we cannot deliver to your address.
ELMO'S food box will delivery your order.
It is your responsibility to ensure that your delivery address is easily accessible to, and safe for, ELMO'S food box delivery person.
If, in our delivery person's opinion, the delivery address is not easily accessible, or it is unsafe, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of any deliveries repeated or changed because of accessibility or safety issues.
If alternative arrangements acceptable to ELMO'S food box are not reached, we will be relieved of our obligation to deliver your order, but you will be liable for payment of your order.
Where the delivery person assesses that it is safe to complete delivery, but there is no person present at the delivery address at the time of delivery, or you or any other person fails or refuses to take delivery of your order, the order will be left at the delivery address, and be deemed to have been delivered at that point in time.
You are responsible for all ingredients following deliver. ELMO'S food box chilled ingredients will be packaged in thermal packaging which is designed to keep items chilled for at reasonable period in normal New Zealand conditions. However, we still recommend unpacking your items as soon as possible to maintain freshness, and the effectiveness of the thermal packaging will obviously be impacted by the season and temperature at the time of delivery – we expect you to take some responsibility for these conditions within reason. Advance planning may be required by you to ensure proper storage of your meal ingredients prior to consumption.
13. Delays to Delivery
We will always aim to deliver within the timeframe communicated to you, but will not be liable if we fail to meet that timeframe.
We will contact you (via phone, text, email) to arrange an alternative delivery timeframe should the anticipated delay be significant. If that timeframe is unacceptable to you, you may decline to accept the order, and we will credit you with the cost of that box or boxes. We will credit you by crediting your credit card.
If a 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.
14. Ownership and Risk
Ownership, responsibility and risk in products supplied by us passes to you when those products are delivered to you.
15. Intellectual Property
All right, title and interest in all intellectual property in all copyright, concepts, systems, written, graphic and other material relating to the Website and its contents, all products and all recipes is owned by, and shall at all times remain the exclusive property of, ELMO'S food box, its licensors and the providers of any other products and services accessible from us, whether through the Website or otherwise, and is protected by New Zealand and international law.
16. Force Majeure
We will be excused from performance of our obligations to you where our performance is prevented by reason of Force Majeure to the extent of such prevention.
17. Website content and use Security of information
ELMO'S food box shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, ELMO'S food box will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
18. Site content
While ELMO'S food box has endeavoured to ensure that the information provided on the Website is free from error, ELMO'S food box does not warrant its accuracy, adequacy or completeness, and ELMO'S food box 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.
Notwithstanding any other term, you agree to indemnify ELMO'S food box against all liabilities, losses, claims and expenses suffered or incurred by you, and all claims and demands made against ELMO'S food box arising directly or indirectly out of your use of the Website, in breach of these terms and conditions.
20. Variation of these 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 purchase of products and services from us, and use of the Website, after the terms and conditions have been changed indicates your acceptance of those changes.
"Force Majeure" includes 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 ELMO'S food box including any restrictions flowing from the current Covid 19 pandemic.