Terms and Conditions of Sale
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).
2.1 You can contact us by:
(a) Phone or email. Call consumer services on 0800 327 496 or by contacting us online via foodservicenz@easiyo.com (if you are in New Zealand) or on 1800 327 496 or by contacting us online via foodserviceau@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
3.1 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 write to you to confirm acceptance of your order (whichever happens first),
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 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 website 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 from, or deliver to addresses outside New Zealand or Australia.
4.1 The images of the products on our website 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 website.
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 website.
4.6 If you wish to make a change to the product you have ordered 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, 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.
5.1 We may change a product at any time):
(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.
6.1 The costs of delivery will be as displayed to you on our site or, if you 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 process we will let you know when we will provide the products to you.
6.3 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. The delivery date is an estimate only. We will not in any circumstances (whether in contract, tort or otherwise) be liable for any late delivery.
6.4 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.
6.5 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.
6.6 The products will be your responsibility from the time we deliver them to the address you gave us.
6.7 Ownership of the products will pass to you at the time of delivery of the products to you.
6.8 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) 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).
6.9 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 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.
7.1 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 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, the maximum liability of EasiYo to you in relation to a product will not exceed the price you paid for that product.
7.3 If you are in:
(a) New Zealand, and in addition to the rights you have under clauses 7.310 and 11, nothing in these Terms and Conditions is intended to limit or replace any rights you have under the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act (FTA), provided that if you are acquiring the products in trade, in which case the provisions of the CGA and sections 9, 12A, 13 and 14(1) of the FTA will not apply to the supply of the products to you;
8.1 Subject to clause 7, and without limiting clauses 6.10, 8.4, 12.3 and 14.5, to the fullest extent permitted by law, we will not accept products for return unless:
(a) If you are in New Zealand:
(i) they have been damaged during delivery, were not received by you in full working order, have been double-delivered or mistakenly supplied; and
(ii) you contact us within 14 days of receipt of the products concerned.
If we are satisfied (after we have examined the products) that the product has been damaged during delivery to you or were not received by you in full working order, we will, at our option and as your sole and exclusive remedy, repair the products, replace the products or provide a refund for the products.
8.2 We will pay the costs of return:
(a) if the products are returned in accordance with clause 8.1(a) and 8.1(b); or
(b) if you are terminating an order because we have told you of an upcoming change to these terms (under clause 14.5), we have told you of a suspension (under clause 6.10, an error in pricing (under clause 12.3) or a delay in delivery due to events outside our control (under clause 6.4).
In all other circumstances you must pay the costs of return.
8.3 Subject to clause 8.4, all refunds will be for the price you paid for the products including delivery costs, by the method you used for payment.
8.4 If you are exercising your right to change your mind (under clause 4.7), we will refund you the price of the products not supplied, less any delivery costs, storage fees or any other expenses EasiYo has incurred up to and including the date of cancellation.
8.5 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
8.6 We will make any refunds due to you as soon as possible.
9.1 We may terminate an order for a product at any time by writing to you if:
(a) 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
(b) you do not, within a reasonable time, allow us to deliver the products to you.
We will refund you the price of the products not supplied, less any delivery costs, storage fees or any other expenses EasiYo has incurred in attempting to deliver the product to you.
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 EasiYo maker, 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.
11.1 The price of the product (which includes GST) 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) made aware to you over the telephone.
11.2 We take all reasonable care to ensure that the price of products advised to you on the site or over the phone is correct. However please see clause 11.3 for what happens if we discover an error in the price of a product you order.
11.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product'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 date is higher than the price stated to you, we will contact you for your instructions before we accept your order and you may be required to pay for the difference in the increased amount. If we accept and process your order 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.
11.4 If you think any charge is wrong please contact us promptly to let us know.
12.1 Our privacy policy (viewable here) governs the collection, use, storage and disclosure of personal information by EasiYo. The privacy policy forms part of the of these Terms and Conditions.
12.2 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.
13.1 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.
13.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 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.
13.5 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 order, within 10 days of varying these terms, if you do not agree with any of our changes.
13.6 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.