Terms and Conditions

PAK’nSAVE (“we”, “our” or “us” in these terms and conditions) offers an online supermarket where you can search for and purchase grocery items (Groceries) through the PAK’nSAVE website or mobile application. For the purposes of these terms and conditions, any references to PAK’nSAVE’s online shopping service or PAK’nSAVE’s online shop include:

(a) the online shopping service; and

(b) the PAK’nSAVE website or mobile application that you use to access and use the online shopping service.

Your use of PAK’nSAVE’s online shopping service via the PAK’nSAVE website or mobile application is governed by these terms and conditions so please read them carefully.

The systems and intellectual property rights relating to or supporting PAK’nSAVE’s online shopping service are owned or controlled by Foodstuffs North Island, Foodstuffs South Island, Foodstuffs (N.Z.) Limited, and/or any affiliate, subsidiary or related company of those Foodstuffs entities (together, Foodstuffs).

The PAK’nSAVE supermarket that you have selected to supply your Groceries (your “nominated store”) is responsible for the supply of Groceries ordered by you through PAK’nSAVE’s online shopping service. Any orders you place through PAK’nSAVE’s online shopping service are legally binding offers and if accepted by us, a legally binding contract is formed between you and your nominated store.

PAK’nSAVE’s online shopping service is intended for use by people located in New Zealand.

1.         REGISTRATION

1.1       Your use of PAK’nSAVE’s online shopping service

By accessing, searching for and/or ordering your Groceries through PAK’nSAVE’s online shopping service, you are deemed to have read and agreed to these terms and conditions. You are responsible for any data or telecommunications charges when you shop online with PAK’nSAVE.

1.2       Registration and use of your details

You must register to use PAK’nSAVE’s online shopping service and to search for and buy Groceries. You can complete this PAK’nSAVE registration by registering as a PAK’nSAVE customer where indicated on the PAK’nSAVE website or mobile application and providing your nominated email address, password and other requested information.

Any personal information you provide to us will be collected, held and used in accordance with the PAK’nSAVE Privacy Policy.

1.3 Termination/suspension of access to PAK’nSAVE’s online shopping service

We may refuse any application to use PAK’nSAVE’s online shopping service. We may also, at our discretion, suspend or terminate your access to PAK’nSAVE’s online shopping service at any time for any reason.

2.         PLACING AN ORDER FOR YOUR GROCERIES

2.1       General

You must pick up your Groceries from your nominated store (using Click & Collect).

We reserve the right to refuse any order placed via the PAK’nSAVE online shopping service at our sole discretion. Where payment for a refused order has been charged to your credit or debit card, we will refund the value of that order to the credit or debit card that was used for payment.

2.2       Minimum order value

The total estimated value of your order shown on the “check-out” page must be at least $1 before your order for Groceries will be accepted.

2.3       Order cut-off times

Orders for Click & Collect must be placed before the order cut-off times displayed on PAK’nSAVE’s online shop or otherwise determined by us (the relevant cut-off time for your order being referred to as the Order Cut-Off Time(s) in these terms and conditions). Order Cut-Off Times may change from time to time as determined by us.

2.4       Click & Collect Timeslots

We will offer Click & Collect services between set hours, and these services will be allocated by scheduled timeslots that can be booked through the PAK’nSAVE online shopping service.

There may be a limit to the number of orders that can be picked-up during each available timeslot. You can reserve a Click & Collect Timeslot for up to 30 minutes while you select your Groceries. After that time, we cannot guarantee that the Click & Collect Timeslot you reserved will still be available and you may be prompted by PAK’nSAVE to select another timeslot.

We will do what we reasonably can to make your order available for pick-up within the timeslot selected by you. If it is not possible for us to make your order available for pickup within the timeslot you have selected we will try to contact you using the contact information you provided to us during registration. We reserve the right to amend timeslot schedules, including Click & Collect times, at our sole discretion.

For Click & Collect orders, if you do not collect your order up within the timeslot you have selected, we will try to contact you using the contact information you provided to us during registration. You may need to contact your nominated store to arrange an alternative timeslot.

2.5       Estimated order value and final order value

The order value at the time you place your order is an estimated total only. The final order value is the actual price you will pay for your Groceries (plus any service fees for Click & Collect, as explained below) and may change from the estimated order value for the following reasons:

  • Variable weight items – if you have ordered Grocery items that need to be weighed (such as produce, seafood, meat and deli items from our fresh food departments) or are pre-packed items that are of variable weight, you will be charged for the actual weight of the item picked by our Personal Shoppers (at the unit price displayed by PAK’nSAVE at the time you placed your order). Our Personal Shoppers will do their best to ensure that the items you actually get and pay for weigh as close as possible to the weight you ordered.
  • Substitutions – if you have agreed that substitutions are allowed, the final value of your order may reduce as a result of us substituting items that are not available for similar items. You will be charged the cheaper price of either the item ordered or the substituted item.
  • No substitutions – if you have not agreed to allow for substitutions, the final value of your order may reduce from the estimated order value, as a result of us removing Groceries from your order that are not available.
  • Specially requested items – we may provide you the option to make special requests for Grocery items.  If you have ordered any “specially requested items”, the final value of your order may increase where we are able to supply you those items, as the price for any “specially requested items” are only added to your order total once we confirm they are available and our Personal Shoppers pick those items for you. Specially requested items are not currently available in the South Island.

 You will be provided a final invoice at the time of pick up.  Where the final order value of your order is different from your estimated order value, this will be displayed on your final invoice.

Please also note that if we allow you to change your Grocery order under clause 2.13, pricing for your order may change. See clause 2.13 below for detail.

Service fees if any will be calculated based on the final order value.

2.6       Service fees

We may charge service fees for orders placed through our PAK’nSAVE online store. These fees may change from time to time. You will be notified of any applicable fees at the time of placing your order.

2.7       Payment

Orders must be paid for by credit or debit card only (Visa or Mastercard). You cannot use PAK’nSAVE Gift Cards to pay for orders through PAK’nSAVE’s online shopping service.

PAK’nSAVE does not store complete or usable credit or debit card information. We may store other credit or debit card information used to pay for orders placed through PAK’nSAVE’s online shopping service so that we can help you identify cards you have used to pay for your Groceries before and may like to use again. To pay for your order you will be transferred to a secure accredited partner that is PCI compliant.

Your credit or debit card will have a nominal amount (currently $1) held from the time you place your order to ensure your card is valid. This nominal amount will be reversed within 7 days of placing your order (it will not be taken off the payment for your order).

Payment for your order will be processed on the date you have chosen to pick-up your Groceries. You must ensure you have sufficient funds available on your credit or debit card to pay for the order on this date. If you have insufficient funds on that date then your order will not be processed or provided. We will contact you to let you know that your order has been cancelled.

You agree to indemnify (compensate) us against any loss or damage that we incur arising out of any default by your credit or debit card provider to make payment to us in full and where for whatever reason the Groceries are made available to you for pick-up.

2.8       Currency/GST

All prices set out in these terms and conditions and/or displayed by PAK’nSAVE are in New Zealand Dollars (NZD) and include GST.

2.9       Confirmation of order

Once you have successfully submitted your order we will send you an order confirmation to the email address you have provided to us. Please check your spam or junk folders in case our email has been directed there. To avoid this, we recommend that you add our email address ([email protected]) to your contacts list. If your order confirmation has not come through within 4 hours then please call our Customer Support Centre on 0800 PAKNSAVE (0800 725672).

Please review your confirmation email when it comes through to check that everything is correct.

If something does not look right, then please contact our Customer Support Centre on 0800 PAKNSAVE (0800 725672).

2.11     Maximum number of items

We reserve the right to limit the number of each item we will supply in any transaction. You must not purchase items through PAK’nSAVE for the purposes of resale. If we suspect that you are doing so, we may suspend or terminate your access to PAK’nSAVE’s online shopping service or we may refuse to fulfil any order you place through PAK’nSAVE’s online shopping service.

2.12     If what you order is not what you get

Our Personal Shoppers will do their best to pick your Groceries in accordance with your order and preferences. If you notice that you have been charged for a Grocery item you did not receive or have been supplied a Grocery item in error, then please contact our Customer Support Centre on 0800 PAKNSAVE (0800 725672) so that we can address the issue.

2.13     Changing or cancelling your order

You can change or cancel your order through PAK’nSAVE’s online shop up until the applicable Order Cut-Off Time for the placing of your order (see clause 2.3 above). It may be possible for you to change or cancel your order after the Order Cut-Off Time by calling our Customer Support Centre on 0800 PAKNSAVE (0800 725672). We reserve the right to charge you a fee for any order that is amended or cancelled after the Order Cut-Off Time.

Please note that if we allow you to change your order, all of the prices of your order will update to the current pricing at the time your order is resubmitted. This means you will lose the benefit of any promotional pricing which applied when you first submitted your order if that promotional pricing is no longer applicable. However, you will gain the benefit of any promotional pricing that has been introduced since you placed your original order and is current at the time you resubmit you order.

If you confirm your change of order, we will send you an updated order confirmation email, which will have a new estimated order value based on prices listed on PAK’nSAVE’s online shop when you made the change.

2.14     Returns

We do not allow returns for products purchased through PAK’nSAVE’s online shop. However, if items you have purchased are damaged, faulty or spoiled at the time of pick-up, we will comply with our obligations under the Consumer Guarantees Act 1993.  Please contact our Customer Support Centre on 0800 PAKNSAVE (0800 725672) if you receive an item that you consider to be damaged, faulty or spoiled. Proof of purchase will be required. Nothing in these terms and conditions is intended to have the effect of contracting out of the Consumer Guarantees Act 1993.

2.15     Instructions

When placing your order, please tell us in the relevant comments section any special instructions for our Personal Shoppers picking your Groceries. For example, in that section you could ask for “yellow firm bananas”, “ripe avocados”, or “please select items with the latest expiry date”. We will endeavour to meet any special requests you may have where possible.

2.16     Verification of payment

Foodstuffs may, for the purposes of mitigating fraud, request photo identification to verify the payment method used by a customer to place an order via PAK’nSAVE’s online shopping service. Any information provided will be dealt with in accordance with PAK’nSAVE’s Privacy Policy.

3.         CLICK & COLLECT

3.1       Pick-up service

You can order online and collect your Groceries from your nominated store under our “Click & Collect” option. You can reserve a Click & Collect Timeslot when you select your Groceries on PAK’nSAVE’s online shop. We will do what we reasonably can to ensure your Groceries are available for collection within your chosen Click & Collect Timeslot. If that is not possible we will try to contact you using the contact information you provided to us.

In the South Island, it is a requirement that the person collecting the Order must show valid photo identification before we will release the order. Please ensure they are ready to show identification on pickup.

In the North Island, your order confirmation email will explain how to find and open the locker containing your Groceries at your nominated store.

 

3.2       Late pick-ups

We understand that for reasons outside of your control, you may not be able to pick up your Groceries on time. However, we cannot leave orders in lockers or instore beyond your allocated Pick-up Timeslot. Any orders that have not been picked up will be moved and may be stored separately by us for a limited time (e.g. to ensure food safety). If you know you are going to be late to pick up your Groceries, please call our Customer Support Centre on 0800 PAKNSAVE (0800 725672). We may charge additional fees for late pick-ups.

4.         AGE-RESTRICTED GROCERY ITEMS

4.1       Purchase of alcohol, vape or tobacco products

It is illegal for us to sell or supply alcohol, vape or tobacco products to anyone under the age of 18 years. It is also illegal for you to purchase alcohol, vape or tobacco products if you are under the age of 18, even if you’re buying it as a gift for someone else. By ordering alcohol, vape and/or tobacco products through PAK’nSAVE’s online shop you are representing that you are 18 years of age or over and that anyone collecting or receiving your Groceries order via Click & Collect is also 18 years of age or over. It is our policy to require proof of age if you, or anyone collecting or receiving your Groceries for or with, looks under the age of 25 years.

If acceptable identification cannot be provided for everyone at the time of collection of your order, the restricted items will be retained by the nominated store. The purchaser’s credit or debit card will be credited with the value of the restricted items.

 Acceptable forms of identification are:

  • 18+ HANZ card;
  • New Zealand driver licence; or
  • Current passport.

4.2       Liquor licence.

Click here to view your nominated store’s liquor licence.

5.         ONLINE PRICING, PROMOTIONS AND REWARDS

5.1 Online Pricing        

Prices shown on PAK’nSAVE’s online shop are updated regularly so we recommend you check the price of everything in your “trolley” before completing your order in case any prices have changed while you have been selecting your Groceries.

5.2 Promotions or competitions

Promotions or competitions may apply to Grocery items purchased online as determined by us from time to time. Any promotions or competitions run through PAK’nSAVE’s online shopping service are subject to these terms and conditions as well as applicable terms and conditions that apply specifically to that promotion or competition. By purchasing the qualifying item(s) for the promotion or competition, you agree to the relevant terms and conditions for that promotion or competition.

5.3       Gift cards

PAK’nSAVE Gift Cards cannot be used for purchases or otherwise redeemed through PAK’nSAVE’s online shopping service.

5.4       Fuel vouchers

Fuel vouchers may be made available to you when make a qualifying purchase through PAK’nSAVE’s online shopping service. Fuel voucher terms and conditions will apply.

6.         DIRECT MARKETING AND CONSENT TO RECEIVING MESSAGES

6.1         When you register to use  PAK’nSAVE’s online shopping service your name and contact details will be added to our PAK’nSAVE database (and/or a database of Foodstuffs), and you consent to receiving messages from us from time to time. As set out in clause 1 above, any personal information you provide to us will be collected, held and used in accordance with the PAK’nSAVE Privacy Policy. If you provide us with your mobile number, we may send you a text message when your order is ready for pick-up. We may also send you messages about promotions available at PAK’nSAVE.

6.2         All commercial electronic communications from us (except for communications confirming your order or otherwise about your order and your ongoing use of PAK’nSAVE’s online shopping service) will contain an unsubscribe function if you no longer want to receive messages from us. If you unsubscribe we may not be able to provide you with all or some of PAK’nSAVE’s services.

7.         WARRANTIES

7.1         All representations, terms, warranties, guarantees, or conditions whether express or implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions or merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded and expressly negated to the fullest extent permitted by law.

7.2         Subject to our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, it is your responsibility to satisfy yourself that Groceries you purchase through PAK’nSAVE’s online shopping service are fit for the purpose you intend and to use all requisite care and skill when handling, using and/or consuming those Groceries. You warrant that you will not use Groceries purchased through PAK’nSAVE’s online shopping service for any purpose for which they are not suitable. You acknowledge that you cannot rely on any representation or statement made by a representative of your nominated store or Foodstuffs either through PAK’nSAVE’s online shopping service or otherwise, other than the express wording of these terms and conditions. No representative of your nominated store or Foodstuffs assumes any obligation or liability for any advice given to you and you accept Groceries purchased through PAK’nSAVE’s online shopping service entirely at your own risk.

8.         LIABILITY

8.1       No liability generally

To the maximum extent permitted by law, we,  Foodstuffs and your nominated store will not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any use of PAK’nSAVE’s online shopping service and Groceries supplied through PAK’nSAVE’s online shop. While we endeavour to keep information on PAK’nSAVE’s website and mobile application up to date, we cannot and do not guarantee the accuracy and completeness of this information.

8.2       Information displayed

The information displaying on PAK’nSAVE’s online shop is provided to you “as is” and any reliance upon the information shall be at your own risk. Descriptions of or information relating to products or Groceries displayed on PAK’nSAVE’s online shop have been provided by our suppliers and are not our or Foodstuffs’ responsibility. Please also be aware of any exclusions or limitations on our and Foodstuffs’ liability set out in the PAK’nSAVE Privacy Policy.

8.3       Title and risk

Groceries ordered through PAK’nSAVE are at our risk until collected from your nominated store. Once collected, title and risk in the Groceries passes from your nominated store to you.

9.         INTELLECTUAL PROPERTY

Foodstuffs either owns or is authorised to use the intellectual property in everything that you hear, read, download or access on or via PAK’nSAVE’s online shop (including messages, data files, software, images, photographs and other materials). You are not permitted to do anything which infringes these intellectual property rights (such as copying, modifying or reposting content) unless you have express permission from us.

10.       ACCESSING AND USING  PAK’nSAVE’s ONLINE SHOPPING SERVICE

10.1     Licence to use PAK’nSAVE’s online shopping service

We grant you a non-exclusive, non-transferable, revocable right to access and use PAK’nSAVE’s online shopping service solely for your use and on a device that you own and/or control, all on the terms and conditions set out in these terms and conditions.

10.2     Restrictions on use of PAK’nSAVE’s online shopping service

You will not attempt to: (i) copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any portion of PAK’nSAVE’s online shopping service in any form or media or by any means; or (ii) attempt to decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of PAK’nSAVE’s online shopping service.

10.3     Changes to PAK’nSAVE’s online shopping service

You acknowledge that we may provide updates, upgrades, patches and other modifications to PAK’nSAVE’s online shopping service (together Updates). Some of these Updates will occur automatically (for example, if you use the website to order your Groceries) while other Updates may require you to implement them (for example, if you use the mobile application to order your Groceries). You may also be required to update or upgrade the device, and/or the operating system or other software on that device (for example, your internet browser)(together Hardware or Software Updates), in order to continue to use PAK’nSAVE’s online shopping service. Unless we specify otherwise, Updates will be provided at no cost. You will be responsible for implementing any Hardware or Software Updates and all associated costs. We may at any time modify, discontinue or restrict access to PAK’nSAVE’s online shopping service (or any part of it), temporarily or permanently with or without notice to you. You agree that we will not be liable to you or to any third party for any modification to, discontinuance of, or restriction of access to, PAK’nSAVE’s online shopping service.

10.4     Internet access

You will be solely responsible, at your cost, for: (i) procuring and maintaining your network connections and telecommunications links from the device you use to access PAK’nSAVE’s online shopping service; and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

11.       GENERAL

11.1     Variation of terms and conditions

We can change these terms and conditions at any time, without notice to you by updating them on PAK’nSAVE’s website and mobile application. The revised terms will take effect when they are posted and your continued use of PAK’nSAVE’s online shopping service will represent an agreement by you to be bound by these terms and conditions as amended.

11.2     Other terms and conditions

Please note that other terms and conditions or ‘terms of use’ govern your use of the general PAK’nSAVE website.

11.3     Privacy

We may need to obtain personal information from you in the course of providing some of the services or content of PAK’nSAVE’s online shopping service to you. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained.

Our PAK’nSAVE Privacy Policy, which is located here, sets out how we and Foodstuffs can collect, hold and use your personal information. This Privacy Policy also forms part of these terms and conditions.

11.4     Force Majeure

We are not liable in respect of anything that, but for this provision, would or might constitute a breach of these terms and conditions, where this arises out of circumstances beyond our, including but not limited to acts of God, natural disasters, sabotage, accident, riot, shortage of supplies, equipment or materials, strikes and lockouts, civil commotion, computer viruses or hacking, breakdown of equipment, power supply failure or telecommunications failure, or malicious damage (Force Majeure). We will refund the full purchase price of orders that have been processed but cannot be picked up due to Force Majeure.

11.5     Governing law

The laws of New Zealand govern your use of PAK’nSAVE’s online shopping service and these terms and conditions. Any legal action against us must be taken in a New Zealand court of law.