Terms of service
Welcome to CHUWY.
The terms “we”, “us” and “our” refer to CHUWY. CHUWY operates this website and online store, including the information, content, features, tools, products and services made available through it (the “Services”).
Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced in them, describe your rights and responsibilities when you access our website, place an order or otherwise use our Services.
By accessing or using our Services, or by placing an order with CHUWY, you agree to these Terms and our Privacy Policy.
If you do not agree to these Terms, you should not use our Services.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you have under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or any other rights that cannot lawfully be excluded under New Zealand law.
SECTION 1 — ACCESS AND ACCOUNTS
You must be at least 18 years old, or have the permission of a parent or legal guardian, to place an order through our website.
When using our Services or placing an order, you may be required to provide information including your name, email address, phone number, billing details, payment information and delivery address.
You agree that the information you provide is accurate, current and complete.
You are responsible for maintaining the security of any account credentials associated with your use of our Services and for activity carried out through your account.
SECTION 2 — OUR PRODUCTS
CHUWY products are handmade baked goods.
We make reasonable efforts to ensure that product descriptions, photographs and other information displayed on our website accurately represent our products.
Because our brownies are handmade, minor variations in appearance, colour, size, texture and finish may occur between batches. Product photographs are therefore intended as a reasonable representation rather than a guarantee that every brownie will look identical.
Product descriptions, ingredients, flavours, sizes, packaging and availability may change from time to time.
We may discontinue a product or limit the quantity available for purchase at any time.
Ingredients and allergens
Ingredient and allergen information is provided on our website or product packaging where applicable.
It is your responsibility to review the relevant ingredient and allergen information before placing an order if you or the person consuming the product has a food allergy, intolerance or dietary requirement.
If you are unsure whether a CHUWY product is suitable for you, please contact us before ordering.
Nothing in this section limits our obligations relating to food safety, allergen information or consumer law.
SECTION 3 — ORDERS
When you submit an order through our website, you are making an offer to purchase the products selected.
We reserve the right to decline or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- we are unable to fulfil or deliver the order;
- incorrect pricing or product information has been displayed;
- payment cannot be processed;
- the delivery address is outside an area we are able to service; or
- we reasonably suspect fraud, misuse or unlawful activity.
If we cancel an order after payment has been taken and no alternative arrangement is agreed with you, we will refund the amount paid for the cancelled portion of your order.
Please check your order carefully before submitting it, including your products, quantities, delivery address and contact information.
Because CHUWY products are baked fresh for delivery, cancellation may not be possible once preparation of your order has begun.
Cancellations and refunds are subject to our Refund Policy: [REFUND POLICY LINK].
SECTION 4 — PRICES AND PAYMENT
All prices displayed on our website are in New Zealand dollars (NZD) unless otherwise stated.
Prices may change without notice. The price applicable to your order will generally be the price displayed when you place the order.
Any applicable delivery fees or other charges will be displayed before you complete checkout.
From time to time, we may offer discounts, promotional codes or special offers. Additional terms may apply to those promotions.
Promotional offers cannot be exchanged for cash and may not be combined unless expressly stated.
You agree to provide accurate and complete payment and billing information.
You represent that you are authorised to use the payment method provided for your order.
SECTION 5 — DELIVERY
CHUWY products are baked fresh and personally delivered within the delivery areas made available through our website.
Available delivery areas, delivery fees, order cut-off times and delivery windows are displayed on our website or during checkout and may change from time to time.
Where same-day delivery is offered, eligibility may depend on your delivery address and the time your order is placed.
We will make reasonable efforts to deliver your order within the delivery timeframe communicated to you.
Exact delivery times may vary because of traffic, weather, order volume, road conditions or other circumstances outside our reasonable control.
Delivery information
You are responsible for providing a complete and accurate delivery address together with any information reasonably required to access the property.
Please ensure that:
- the street address is correct;
- unit or apartment numbers are included where relevant;
- access instructions are provided where necessary; and
- the phone number supplied with your order is accurate.
If you realise that you have provided incorrect delivery information, contact us as soon as possible.
We will make reasonable efforts to update the information before delivery, but we cannot guarantee changes once an order is already out for delivery.
If delivery cannot be completed because the address or delivery information provided was incorrect or incomplete, an additional delivery fee may apply to any redelivery.
Nobody available to receive delivery
Where appropriate, your order may be left in a reasonably safe location at the delivery address.
If there is no suitable place to leave your order and we are unable to complete delivery, we may attempt to contact you using the information supplied with your order.
An additional delivery fee may apply if another delivery attempt is required because we were unable to access the property or safely leave the order.
After delivery
Once an order has been successfully delivered to the address supplied, or left in an agreed or reasonably appropriate safe location, you are responsible for bringing the product inside and storing it appropriately.
This does not affect your rights where an order was damaged, defective, unsafe, incorrectly supplied or otherwise failed to meet our obligations under New Zealand consumer law.
If CHUWY is unable to fulfil or deliver your order due to an issue on our end, we will contact you and arrange an appropriate replacement, alternative delivery arrangement or refund.
SECTION 6 — RETURNS, CANCELLATIONS AND REFUNDS
Because CHUWY products are freshly baked and perishable, we do not accept returns or exchanges simply because you change your mind.
If you wish to cancel an order, please contact us as soon as possible.
Where preparation or baking of your order has not yet begun, we may be able to cancel the order and provide a refund.
Once preparation has begun, cancellation or a change-of-mind refund may no longer be possible.
If your order is damaged, incorrect, unsafe, faulty or otherwise does not meet applicable consumer guarantees, please contact us as soon as reasonably possible so we can assess the issue and provide an appropriate remedy where required.
Further information is contained in our Refund Policy: [REFUND POLICY LINK].
Nothing in our Refund Policy or these Terms limits any remedy you are entitled to under the Consumer Guarantees Act 1993 or other applicable law.
SECTION 7 — INTELLECTUAL PROPERTY
Unless otherwise stated, the content made available through our Services, including our branding, logos, product names, photographs, graphics, written content, website design, videos and other materials, is owned by or licensed to CHUWY.
These materials may be protected by copyright, trade mark and other intellectual property laws in New Zealand and elsewhere.
You may access our website for your personal, non-commercial use.
You must not reproduce, distribute, modify, republish, sell, commercially exploit or otherwise use our intellectual property without our prior written permission, except where permitted by law.
The CHUWY name, logo, branding, slogans and associated designs must not be used in a way that suggests endorsement, affiliation or association with CHUWY without our permission.
Shopify's name, branding and associated intellectual property belong to Shopify or its licensors.
SECTION 8 — OPTIONAL AND THIRD-PARTY TOOLS
Our website may provide access to tools, applications or functionality operated by third parties.
We do not necessarily control these third-party tools and their use may be subject to separate terms and privacy policies.
You should review the applicable terms before using a third-party service.
To the extent permitted by law, CHUWY is not responsible for loss caused solely by third-party products or services that are outside our reasonable control.
SECTION 9 — THIRD-PARTY LINKS
Our Services may contain links to websites or services operated by third parties.
These links may be provided for convenience and do not necessarily mean that CHUWY endorses the third party or its products, services or content.
We are not responsible for the content, availability, privacy practices or terms of third-party websites.
If you choose to access or purchase from a third-party website, you should review its applicable policies and terms.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
CHUWY is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make through our store are made directly with CHUWY.
By using the Services, you acknowledge that Shopify is not the seller of CHUWY products and is not responsible for fulfilling orders placed with CHUWY.
Nothing in this section limits any responsibility that Shopify may independently have to you under applicable law.
SECTION 11 — PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy, available here:
[PRIVACY POLICY LINK]
Because our store is hosted by Shopify, certain personal information may also be processed by Shopify in order to provide the platform and related services.
Shopify's privacy information is available through Shopify's website.
We may also use service providers involved in functions such as payments, website hosting, analytics and communications.
Our Privacy Policy explains in more detail how personal information is collected, used, stored and disclosed.
SECTION 12 — REVIEWS, FEEDBACK AND USER CONTENT
If you voluntarily submit a review, photograph, comment, testimonial, suggestion or other content to CHUWY, you confirm that you have the right to provide that content.
You grant CHUWY a non-exclusive, worldwide, royalty-free licence to reproduce and use that content for purposes reasonably connected with operating, improving and promoting CHUWY, including on our website and social media.
We will not knowingly use your personal information in a way inconsistent with our Privacy Policy.
You must not submit content that:
- infringes another person's intellectual property or privacy rights;
- is unlawful, defamatory, abusive or misleading;
- contains malicious software; or
- falsely represents your identity or relationship with another person.
We may remove content from our Services where we reasonably consider it inappropriate, unlawful or inconsistent with these Terms.
SECTION 13 — ERRORS, INACCURACIES AND OMISSIONS
From time to time, our website may contain typographical errors, incorrect prices, outdated availability information or other inaccuracies.
We may correct errors and update information at any time.
If an error materially affects an order that you have already submitted, we will contact you where reasonably practicable.
If we are unable to fulfil an order because of a genuine error and cancel the affected order, any amount paid for the cancelled products will be refunded.
Nothing in this section permits us to engage in misleading or deceptive conduct or overrides your rights under New Zealand law.
SECTION 14 — PROHIBITED USES
You may use our Services only for lawful purposes.
You must not use our Services to:
- engage in unlawful or fraudulent activity;
- infringe our intellectual property or the rights of another person;
- submit false or misleading information;
- impersonate another person or organisation;
- transmit viruses, malware or other harmful code;
- interfere with the security or proper operation of the website;
- collect personal information about other users without authority;
- send spam or unsolicited commercial communications through our Services;
- circumvent security or access restrictions; or
- use automated systems to access the website in a way that materially interferes with the Services or places an unreasonable load on our systems.
We may restrict or suspend access to our Services where we reasonably believe these Terms have been breached.
SECTION 15 — TERMINATION OR SUSPENSION
We may suspend or terminate your access to all or part of our Services where reasonably necessary, including where you breach these Terms, misuse our website, engage in fraud or unlawful activity, or threaten the security or operation of our Services.
Termination of website access does not remove any rights or obligations relating to an order already placed unless that order is also lawfully cancelled.
Terms which by their nature are intended to continue after termination will continue to apply.
SECTION 16 — CONSUMER GUARANTEES AND WARRANTIES
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or any other applicable New Zealand law.
Where the Consumer Guarantees Act applies, CHUWY products must meet the guarantees required by that Act, including applicable guarantees relating to acceptable quality, safety, fitness for purpose and conformity with their description.
Except for rights and guarantees imposed by law that cannot be excluded, we do not make additional warranties beyond those expressly stated on our website or in these Terms.
Our website and non-product informational content are provided on an “as available” basis, and we do not guarantee that the website will always be uninterrupted or error-free.
SECTION 17 — LIMITATION OF LIABILITY
Nothing in this section limits liability where doing so would be prohibited by New Zealand law.
To the maximum extent permitted by law, CHUWY will not be liable for loss that:
- was not reasonably foreseeable;
- was caused by your misuse, improper storage or alteration of a product;
- arose because you provided incorrect or incomplete information;
- arose after successful delivery and was not caused by CHUWY; or
- resulted from circumstances genuinely outside our reasonable control.
Where CHUWY is responsible for loss under applicable consumer law, your rights and available remedies will be determined in accordance with that law.
Nothing in these Terms limits liability for fraud, wilful misconduct or any other liability that cannot lawfully be excluded or limited.
SECTION 18 — BUSINESS PURCHASES
CHUWY primarily supplies products for personal and household consumption.
If you purchase products from CHUWY wholly or predominantly for business purposes, wholesale, resale or another commercial purpose, additional terms may apply.
Unless expressly agreed with us in writing, purchasing products through our standard consumer website does not grant you any right to resell, rebrand or commercially distribute CHUWY products.
Nothing in these Terms contracts out of the Consumer Guarantees Act or Fair Trading Act unless doing so is expressly agreed in writing and is lawful, fair and reasonable in the circumstances.
SECTION 19 — SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it lawful and enforceable where possible.
If it cannot be made enforceable, it will be treated as severed from these Terms.
The remaining provisions will continue in effect.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
If we do not immediately exercise or enforce a right under these Terms, this does not mean we waive that right.
These Terms, together with the policies expressly incorporated into them and the information provided to you during checkout, form the agreement between you and CHUWY relating to your use of the Services and your purchase of our products.
Nothing in this section excludes representations or obligations that cannot lawfully be excluded.
SECTION 21 — ASSIGNMENT
You may not transfer your rights or obligations under an order to another person without our consent where doing so would materially affect our rights or obligations.
We may transfer our rights or obligations relating to the operation of CHUWY as part of a genuine sale, restructuring or transfer of the business, provided doing so does not reduce any rights you already have in relation to an existing consumer transaction.
SECTION 22 — EVENTS OUTSIDE OUR CONTROL
We will not be responsible for a failure or delay caused by circumstances genuinely outside our reasonable control, such as severe weather, natural disasters, road closures, major utility or technology outages, government restrictions or other comparable events.
Where such an event affects an existing order, we will communicate with you where reasonably possible and work with you to arrange an appropriate alternative.
This section does not remove any rights you may have under applicable consumer law.
SECTION 23 — GOVERNING LAW
These Terms and any agreement through which CHUWY provides products or Services are governed by the laws of New Zealand.
Any dispute arising from or relating to these Terms or our Services will be subject to the jurisdiction of the courts and tribunals of New Zealand.
Nothing in this section prevents a consumer from exercising any statutory dispute-resolution rights available under New Zealand law.
SECTION 24 — CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our business, Services, website or legal obligations.
The current version will be made available on our website.
Where a change is material, we will provide notice where required by law.
Changes will generally apply from the date the updated Terms take effect and will not retrospectively remove rights you already have in relation to an order placed before the change.
Your continued use of the Services after updated Terms take effect will constitute acceptance of the updated Terms to the extent permitted by law.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
CHUWY
Email: sophiecowan.business@gmail.com
Trading/legal name: CHUWY
Business address: TBC
Phone: TBC
NZBN: TBC
GST number: TBC