ahhh, not the fine print!
Terms and Conditions
The use of the Fat Bastard Pies website and purchase of products are subject to these terms and conditions:
This page (together with the documents referred to on it) tells the customer (you/your) the terms and conditions on which Fat Bastard Pies (we/us/our) will supply to you the products listed on our website www.fatbastardpies.nz and www.club.fatbastardpies.nz, via one of our subscription or one-off services.
Please read these Terms and Conditions carefully before ordering any products from the site or subscribing to one of our services. You should understand that by ordering any of our products or subscribing to one of our services, you agree to be bound by these Terms and Conditions and any policies at any time and your use of the site following any amendments will represent your agreement to be bound by these Terms and Conditions and polices as amended. We therefore recommend that each time you access the site you read these Terms and Conditions and policies.
Please tick the checkbox when joining Pie Club or purchasing vouchers to accept these Terms and Conditions. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any products from the site.
What do these terms cover?
By using our website, purchasing our products or by entering into any of our promotions, you acknowledge that you have read, understood and accept these Terms and Conditions, and agree to be bound by them.
If you want to get in touch with us, please email us at hello@fatbastardpies.nz
For information on how we collect, use and deal with your personal information, please see our privacy policy at http://www.fatbastardpies.nz/privacy
By agreeing to these Terms and Conditions and providing us with your personal information, you also agree to our privacy policy.
How the contract is formed between you and us
After completing the subscription or order process on our website, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that an order has been accepted.
An order will only relate to the product or service you have ordered or subscribed to. Each order that we accept results in a separate binding agreement between you and us for the supply of these products or service. For each order accepted by us, we will supply the products or service in that order to you in accordance with these Terms and Conditions.
Acceptance or Rejection of an order
We, Fat Bastard Pies, reserve the right to accept or reject an order for any reason. Including if the requested product is not available or these is an error in the price, or the product description posted on the site or in an order.
We reserve the right to cancel an order for any reason whatsoever. There will be no charge where we cancel or reject and order, unless you have breached these Terms and Conditions. If we cancel or reject an order, we will endeavour to notify you at the time you place an order or within 7 (seven) days after you submit and order. We may at our discretion suspend or terminate the ability for any customer to order through the website for any reason whatsoever.
If we refuse an order on or prior to delivery but after our relevant weekly order cut-off, a full refund, less and discounts, will be made within 10 (ten) business days.
Resale
You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of the item/s you have ordered, we will endeavour to contact you when you place an order or within 7 (seven) days after you submit and order. We reserve the right to cancel or reject and order if we believe you are purchasing with the intent for resale.
Subscription Management
Fat Bastard Pies, Pie Club offers a subscription service. We will deliver until you tell us not to. You can choose to adjust, skip or remove (indefinitely) at any time before your cut off date. There is no minimum term, you will not be charged a cancellation fee. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription. We reserve the right to terminate your subscription at our reasonable discretion at any time and without giving any reasons for our decision. If you wish to cancel an order after the order cut-off for the upcoming delivery week, we have no obligation to cancel your order and/or refund you any money.
When you place an order for a subscription product, you enter into an agreement to receive the product on an ongoing basis. You will be charged for your initial order when confirming your subscription. Subsequent recurring orders will be charged following the relevant weekly order cut-off, without further authorisation from you, unless you have cancelled or otherwise modified your subscription or delivery preferences as outlined in these Terms and Conditions.
By subscribing to the services, you are agreeing to receive our product on a recurring basis for an indefinite period until cancelled by you or us as set out in these Terms and Conditions. The subscription amount and billing interval are set out on the checkout page, confirmation correspondence, and the customer login area of the website.
The cut off day and time for all subscription adjustments (skipping, un-skipping, altering flavours, address or payment change or cancelling) is on the Sunday 24:00 hours (midnight) the week before the relevant delivery date.
If your delivery date falls on a public holiday, we may need to deliver to you on a different day. If that happens, we will let you know in advance.
Please take care when placing your order. We accept no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.
Payment
Payment for all products must be by credit or debit card, or any other payment method listed on the online checkout page of the website. We do not accept any other forms of payment.
Orders will be charged to your nominated payment method(s), by nominating or adding alternative payment method, you expressly consent to Fat Bastard Pies charging your alternative payment method in accordance with the Terms and Conditions if your primary payment method is no longer available, is declined or cannot be charged, without prior notice to you.
It is your responsibility to ensure your accepted payment method(s) details are valid and up to date, as well as ensuring that sufficient funds are available at the time of payment processing.
Storage of Collected Payment Information
Fat Bastard Pies does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details.
All online debit/credit card transactions performed on this website are through secured payment gateways. We currently use Stripe payment gateway for our online payment transactions.
Complete debit/credit card details cannot be viewed by Fat Bastard Pies or any outside party.
Failed Payments
If your credit/debit card is declined or payment otherwise fails to be processed for an order for any reason, Fat Bastard Pies may contact you to make alternative payment arrangements and/or, in this discretion, chose not to accept and deliver the relevant order.
If your payment has been unsuccessful, Fat Bastard Pies reserve the right to re-attempt payment on all nominated payment method(s).
Fraud
Fat Bastard Pies reserves the right to refuse to accept payment from any particular customer by credit or debit card for any reason, including in circumstances of suspected fraud.
We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred. We reserve the right to terminate your order or accounts following the investigation.
Price
From time to time we may need to revise the price of products. For any price variations, we will provide notice by email no less than 14 days prior to the changes taking effect. After such time, we will apply the revised pricing to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or terminate your account before products are delivered under the new pricing plan.
The current prices of the products and our delivery charges will be as quoted on the website, as updated periodically.
Product prices and delivery charged include taxes including GST where applicable.
Billing Errors
It is possible that an error may be present on an invoice or on our website. If you become aware of this, please let us know.
If you are overcharged for any box ordered, Fat Bastard Pies will refund you the necessary adjustment amount to reflect the correct amount that should have been invoiced. We will refund you at your option by either crediting your credit/debit card, or alternatively by crediting your account balance in your online account. Any credit applied to your account in non-transferable and cannot be exchanged or refunded for cash.
If you are undercharged, we will let you know and you will have to pay the amount owing.
Product Availability
Fat Bastard Pies will make every effort to fulfil orders placed with the website. However, subject to any rights you have under the CGA, we will not be liable to any person if we are unable, or decline, to supply product for any reason whatsoever, other than to refund the amounts paid in respect of the product.
We reserve the right to limit quantities able to be order by customers; or limit quantities able to be 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 or you may be refunded. We reserve the right to alter recipes or ingredients due to product quality or stock availability.
Product Quality
In establishing that a product was damaged or spoiled on delivery to you, we may require photographic evidence and/or a sample of the damaged or spoiled product.
If Fat Bastard Pies agrees that a product was delivered to you in a damaged or spoiled condition, Fat Bastard Pies will, subject to any rights you have under the CGA, either credit the value of the relevant product to you or (if we can) send a replacement product to you by courier; or provide you with a refund.
We will credit or refund you by either crediting the credit or debit card that was used to place the order or, alternatively, crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.
Heating
Reheat times are indicative only and individual customer results may vary.
Nutritional Information/Allergens
All our nutrition information provided is an approximation. This is based off purchased ingredients and volumes combined with the most common household ingredient brands, using recipe volumes. All information is calculated as accurately as possible. We are not able to customise individual pies based on preference, dietary, cultural or religious requirements.
Allergens are declared on products; however, all products are made in the same facility and may contain traces. You must take care and have all responsibility for checking the ingredients.
Delivery
This website is only intended for use by people residing in urban New Zealand addresses. We do not accept orders from individuals outside those areas. Customers must provide a valid email address and debit/credit card for all orders accepted online. We do not accept orders by phone. We cannot currently deliver to addresses deemed rural by Post Haste in South Island, and New Zealand Courier in the North Island.
As part of the Fat Bastard Pies ordering and registration process, you will be immediately advised if we are able to deliver to your address. Specific delivery locations are accepted based on the suburb and postcode of the delivery address and so it is important that you provide us with your correct address information. If you do not, then we may not be able to deliver to you. Please take care when specifying your delivery address as refunds will not be given if you enter an address incorrectly.
Fat Bastard Pies may from time to time change the areas to which it delivers. We do not guarantee that delivery to your area will always be available or that every possible delivery date or delivery timeframe will be offered to you based on your requested delivery address.
Change of Address
Changes to address details and/or delivery instructions must be communicated via the methods and by the cut-offs outlined in these Terms and Conditions. If your address change is no longer considered urban by our courier partners, Fat Bastard Pies reserves the right to cancel your order.
Liability
Deliveries will, subject to these Terms and Conditions, be made to the delivery address on the delivery date. Fat Bastard Pies shall be entitled to assume that any person accepting delivery of the products is either the customer or someone that is authorised to do so on behalf of the customer.
You must ensure that your delivery address is easily accessible to Fat Bastard Pie’s delivery person, and that it is safe for our delivery person to enter your premises in order to complete the delivery. If, in our delivery person's reasonable opinion, the delivery address is not easily accessible, or it is unsafe to deliver the products, your order may be canceled. We reserve the right to charge you an additional fee in respect of Fat Bastard Pie’s costs incurred in relation to any deliveries repeated in accordance with this clause.
Authority to leave
In the situation where 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 the box, the box will be left at the delivery address and be deemed to have been delivered at that point in time. If you do not provide a specific place for delivery, we will leave the products at your front door.
Once delivered, you are responsible for the contents of the box. We accept no liability or responsibility for any product once the product has been delivered to you. Our pies are packaged in thermal packaging which is designed to keep items chilled for the duration of the delivery. Please be aware that, depending on the season and temperature at the time of delivery, we recommend unpacking your items as soon as possible to maintain freshness. Advance planning may be required by you to ensure proper storage of your pies prior to consumption. In the situation where you, as the customer, have provided written delivery instructions via the “Account Details - Delivery Instructions” section of the website, we will endeavour to deliver the box in accordance with these instructions. Where sensitive information is provided e.g., gate entrance codes, we endeavour to keep this information safe and only disclose it to those who require it for delivery purposes.
Delivery Times
Fat Bastard Pies always aims to deliver on time but may from time to time be delayed.
If Fat Bastard Pies becomes aware that the delivery of your order is likely to be substantially delayed, Fat Bastard Pies will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and Fat Bastard Pies will either refund you or credit you with the cost of that box. We will credit you by either crediting the credit or debit card that was used to place the order, or alternatively crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.
Incorrectly or Undelivered Products
If any product or box delivered does not correspond with a product or box ordered, you can keep the incorrectly-delivered product or box, in which case no adjustment will be made to the payment due from you for the order containing the incorrect product or box; or in the case of an incorrectly delivered product, reject the incorrectly-delivered product, in which case, Fat Bastard Pies will refund the value of the product that was originally ordered; or in the case of an incorrectly delivered box, Fat Bastard Pies will either replace that box within a reasonable time (if we can) or refund the value of the box that was originally ordered.
We will refund you by either crediting the credit or debit card that was used to place the order, or alternatively crediting your account balance in your online account. Any credit applied to your account is non-transferable and cannot be exchanged or refunded for cash.
If you choose to reject an incorrectly delivered box in accordance with clause above, Fat Bastard Pies reserves the right to collect the incorrectly delivered box from you. If you are unable, or refuse, to deliver up the box when requested, or deliver the box in a different state (e.g., with some products missing or partially consumed) than the state in which it was delivered to you, Fat Bastard Pies reserves the right to charge you for part or all of that box.
Nothing in this clause affects your rights under the CGA.
Refunds
Our Products come with guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act 1993 (the CGA). If you consider that any products sent to you are damaged, or defective or fail to comply with any guarantees in the CGA, you can notify us, and 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 refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
If you seek a refund for any other reason, please contact us via email hello@fatbastardpies.nz and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Please take care when specifying your delivery address as refunds will not be provided for if you enter an address incorrectly.
Warranties
You have statutory rights under the CGA and FTA that are not affected by these Terms and Conditions.
Subject to your rights under the CGA and FTA, 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 are excluded to the fullest extent permitted by law.
You must ensure that the products are not used for any purpose for which they are not suitable, and you are responsible for using all necessary skill and care in handling and using the products. You expressly acknowledge that all such products are accepted by you entirely at your risk.
Fat Bastard Pie’s liability to you under the CGA and FTA cannot be excluded or limited in any way. Subject to your rights under the CGA and FTA, the liability of Fat Bastard Pies whether in contract, tort (including negligence) or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of a product or box or any breach of these Terms shall not in any event exceed an amount equivalent to the price of the relevant product or box.
Fat Bastard Pies shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the website, or your use of, or the delivery or failure to deliver, any products or boxes.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms.
Limitation of Liability
The following paragraphs exclude or limit our liability for your use of the website. They all apply so far as the law permits,
While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the website, that information is provided in good faith and on an ``as is`` and ``as available`` basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
You acknowledge that the products displayed on the website are not an exact sample and are indicative only and that the products you receive may vary from those displayed according to seasonal availability.
To the extent permitted by law, we do not represent or warrant that the website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
You must take your own precautions to ensure that the process which you employ for accessing the website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
The collection, use and disclosure of your personal information is also subject to our Privacy Policy.
To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
To the extent permitted by law:
(a) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:
(i) In the case of the supply of products:
(A) replacement or resupply of the products; or
(B)the cost of replacing or resupplying the products.
(ii) In the case of the supply of services:
(A) supplying the relevant services again; or
(B) the cost of supplying the relevant services again, and.
(b) in any event, will not exceed the fees paid by you to us under the relevant Order.
To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.
Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair-Trading Act 1986.
Intellectual Property
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the website and their contents, and all recipes are owned by, and shall at all times remain the exclusive property of, Fat Bastard Pies, its licensors and the providers of any other products and services accessible through the website. This Intellectual Property is protected by New Zealand and International law. If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.
Force Majeure
If the performance by Fat Bastard Pies of its obligations under these Terms (including, for clarity, the fulfilment of an order made by a customer) is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, pandemic, 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 Fat Bastard Pies), Fat Bastard Pies shall be excused from such performance to the extent of such prevention.
Termination
Either party may terminate this Agreement immediately on notice to the other if the other:
(a) being a Company:
• goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or
• has a receiver or statutory manager appointed; or
• goes into voluntary administration; or
(b) being a natural person:
• dies; or
• commits any act of bankruptcy; or
• commits any criminal offence punishable by imprisonment; or
• fails to pay an amount due under this Agreement within 7 days of the due date: or
• breaches any of these Terms and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.
Customers Right to Terminate
You can choose to skip an order at any time in accordance with these Terms and Conditions or otherwise elect to remove (or "terminate") an order altogether by notifying us via your online account. The cut off day and time for skipping or removing an order is on the Sunday at 2400 hours (midnight) the week before the relevant delivery date.
Termination of this Agreement (including by the removal of an order) does not relieve the parties from liability under this Agreement up to the time of termination (or removal), nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that we can continue to market our products and services to you after termination unless you advise us that you do not wish to receive any further material from us
Fat Bastard Pies failure to insist upon or enforce strict compliance with these Terms and Conditions will not constitute a waiver of any of our rights.
Website Content and Use
Links to Third Party 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 Fat Bastard Pies. Fat Bastard Pies 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 the website.
Security of Information
Fat Bastard Pies shall use its reasonable endeavours to prevent any unauthorised entry into the website. However, Fat Bastard Pies will not be liable for any direct or indirect damage or loss whatsoever if any third-party gains unauthorised access.
Login
You must keep your login details safe and confidential at all times. You must not permit any unauthorised person to use your Login details or otherwise gain access to your account.
Website
You agree not to use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may download the information on the website for your own personal use but otherwise neither the website, nor any material on them, may be altered, modified, reproduced, transmitted or distributed without Fat Bastard Pie’s prior written consent.
You agree that you will not interfere with any other party's use and enjoyment of the website or damage the operation of the website, or Fat Bastard Pie’s systems or those of other persons who use the website, whether by way of a virus, corrupted file, any other software or program, or otherwise.
Gift Vouchers
Fat Bastard Pie Club gift vouchers can only be purchased and redeemed online via the website.
If paid for, the voucher is deemed to have been sold at the time of payment for it. These Terms and Conditions will become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
Gift vouchers can be partially redeemed. The un-used balance is non-refundable and will be credited to your account.
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
We reserve the right to withdraw or cancel any Voucher (other than a paid up-front gift card) for any reason at any time.
Vouchers purchased online are only redeemable for Pie Club subscriptions, and cannot be used for the exchange of goods at our Invercargill bakery.
Vouchers may only be redeemed through the website and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.
Voucher credit that is not loaded onto a Pie Club account after 12 months will expire. A gift voucher cannot be reloaded, and unused balances at the expiry date will not be refunded.
Gift vouchers will not be refunded or replaced. Vouchers cannot be redeemed for cash or credited to a bank account.
Gift vouchers may be purchased online from anywhere in the world, but we can only deliver boxes and products to addresses within New Zealand that we service (so you need to be certain that your intended recipient is within an area that we service when purchasing a Fat Bastard Pies gift voucher).
Competitions (social media)
By participating in any competition or giveaway advertised by Fat Bastard Pies on its Facebook page and/or other social media channels (the “Competition”), you confirm that you accept and agree to these competition terms.
All Competitions are open to New Zealand residents only.
Entrants must follow the instructions on the Competition Facebook post and/or other Social Media channel to enter this competition.
The Competition entry closing, and opening dates will be specified on the Competition Facebook post and/or other Social Media channel.
Fat Bastard Pies will endeavour to notify each prize winners by social media, email, text or phone. However, if the winner cannot be reached within five working days, we may redraw a new prize winner without liability to any person. Fat Bastard Pies reserves the right to contact the selected winners by other means.
The winner(s) will be drawn as specified by the Facebook Competition post and/or other Social Media channel. The prize winner(s) will receive the prize that is advertised on either the Facebook Competition post, the Facebook Competition photo and/or other Social Media channel.
The winner acknowledges that redemption of some prizes may require the winner to be at least 18 years of age or have parental/ guardian consent. We will let you know on our Facebook Competition post and/or other Social Media channel.
Entering the competition constitutes a winner’s consent for their content to be shared on our channels.
General
From time to time we may vary these Terms and Conditions. Please check these Terms periodically for changes. Your continued use of the website after the Terms and Conditions have been changed indicates your acceptance of those changes.
Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand.