FOODIE BABE’S TERMS OF SERVICE

Thank you so much for choosing Foodie Babe to nourish your little person.

As our customer, you mean everything to us, so please take some time to read our terms and conditions.

1. USING THE FOODIE BABE WEBSITE, ORDERING FOODIE BABE PRODUCTS, SUBJECT TO THESE TERMS AND CONDITIONS
By accessing and using the Foodie Babe website (www.foodiebabe.co.nz) which includes placing online orders through the website, you acknowledge that you have read, understood and accept these terms and conditions, and agree to be bound by them.

2. ORDERING FOODIE BABE PRODUCTS
a. You choose your plan. You can have a one-off delivery, weekly or monthly recurring deliveries of Foodie Babe meals.
b. The cut off day and time for placing an order is Monday at 1200 hours (midday) the week of the delivery day (Saturday).
c. The cut off day and time for changing your delivery address is Wednesday at 1800 hours (6pm) the week of the delivery day (Saturday).
d. After your first order is delivered, you can change your Foodie Babe plan from a weekly delivery to a monthly delivery and vice versa.
e. Deliveries are made on Saturday (between 9:00am and 6:00pm).
f. You can also choose to collect your order from Foodie Babe headquarters (HQ). If you choose to collect the order yourself from HQ, there is no minimum order or delivery charge.

3. CANCELLING YOUR ONE-OFF ORDER, WEEKLY AND MONTHLY PLANS
a. Our cut-off date for cancelling your one-off order is 1200 hours (midday) Monday the week of the delivery day.
b. For weekly and monthly plans, you will need to cancel seven (7) days before your payment is due.

4. YOUR ORDERS ARE YOUR RESPONSIBILITY
Please make sure you don’t give out your log in details as you are responsible for every order made under your login which have not been cancelled.

5.  FOODIE BABE PRODUCTS ARE NOT FOR RESALE
Foodie Babe products purchased on the website are not permitted to be resold. For all wholesale enquiries please email maja@foodiebabe.co.nz

6. FOODIE BABE PRICING
All Foodie Babe prices are available on the website. The prices are per individual meal.
There is an additional charge for delivery, $6.99 and $25.00 refundable deposit for the Foodie Babe premium insulated bag and icepacks.
All prices are inclusive of GST. All amounts are in New Zealand dollars.
Foodie Babe has the right to change their prices. As a valued weekly or monthly subscription customer we will always notify you of a price increase by e-mail at least ten days before the delivery day.

7. FOODIE BABE INVOICING
You’ll receive an invoice via email as soon as your order is confirmed.

8. PAYING FOR YOUR ONE-OFF ORDER, WEEKLY AND MONTHLY PLANS
Payment for one off purchases, weekly or monthly plans will be invoiced and taken from your credit/debit card immediately when you place your first Foodie Babe order.
Recurring payments for weekly plans will be invoiced and taken from your credit/debit card seven (7) days from when you placed your first weekly order.
Recurring payments for monthly plans will be invoiced and taken from your credit/debit card, four (4) weeks from the day you placed your first Foodie Babe monthly order and you will be charged for the next four (4) weeks of the monthly plan.
Foodie Babe Limited will appear on your credit /debit card statement.

9. HOW TO PAY AND WHAT HAPPENS IF PAYMENT IS DECLINED
You can pay for your Foodie Babe order by credit/debit cards (other than American Express).
If your credit/debit card is declined or we’re unable to process a recurring weekly or monthly payment for your Foodie Babe order we will contact you to make alternative payment arrangements.

10. DELIVERY AREAS
Please check out Foodie Babe’s FAQs for where Foodie Babe currently delivers. Specific delivery locations are accepted based on the suburb and postcode of the delivery address and so it is important that you provide the correct address information. If you do not then we may not be able to deliver to you.

11. DELIVERY AND COLLECTION OF FOODIE BABE ORDERS
Deliveries are, subject to these terms and conditions.
All deliveries have a minimum order value of $40.00
To maintain the highest food safety standards all products, delivered and collected, must be packed in the Foodie Babe premium insulated bag with non-toxic ice packs.
Foodie Babe can work with third parties to deliver your order.
Foodie Babe will assume that the person who accepts delivery of the order is either the customer or someone that is authorised to do so on behalf of the customer.
When delivery is completed at your nominated address all product ownership and risk passes onto you, the customer.

If you are not home, when we deliver, we will send you a message (via phone, text, email, Facebook messenger) to confirm your order is waiting for you.

Our drivers will always try to ensure that they leave your Foodie Babe order in a secure location and away from the elements to keep it safe, however we can take no responsibility for your Foodie Babe order after it’s been delivered.

12. DELIVERY DELAYS
We promise to provide you exceptional service and Foodie Babe will always try to deliver in the confirmed time range. However, at times there might be a delay and we’ll not be held responsible when we don’t deliver in the specified time range.
If the delivery of your order is going to be significantly delayed, we will contact you (via phone, text, email or Facebook messenger) to arrange another delivery time. If the delivery time is unacceptable, you can cancel the order and Foodie Babe will credit you with the cost of the order. Foodie Babe will refund you by crediting your credit card.

13. COMMITMENT TO PRODUCT QUALITY
We promise to deliver high quality products to you. If there is a time where a Foodie Babe product is damaged, we will require that you provide photographic evidence and/or the actual damaged product.
If we agree that the delivered product is in a damaged condition, Foodie Babe will credit the total amount of the relevant product to you.
We will provide a refund by crediting your credit card.
Food safety is Foodie Babe’s number one priority. All our products are delivered in tamper evident tubs, if any product(s) is delivered and the seal of the tub(s) is broken do not consume the product(s). We ask that you urgently contact Foodie Babe, we will organise collection of the affected product(s) and provide a replacement(s).

14.  FOODIE BABE PRODUCTS THAT ARE INCORRECT
If we deliver any products(s) that you did not order, you’re more than welcome to:
a. keep the incorrectly-delivered product(s), if you decide to do this, we won’t make any changes to the payment
b. return the incorrectly-delivered product(s), we will refund the value of the Product that was originally ordered
We will give you a refund you by crediting your credit card.

15. YOUR STATUTORY RIGHTS
You have statutory rights under the Consumer Guarantees Act (CGA) 1993 and Fair-Trading Act (FTA)1986 that cannot be excluded or limited in any way, subject to those rights 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 fully permitted by law. You acknowledge that you do not rely on any representation or statement made by or on behalf of any member of Foodie Babe other than the express provisions of these terms and conditions. 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 and agree that Foodie Babe does not assume any obligation or liability for any advice given, and that all such products are accepted by you entirely at your risk.

16. ALLERGIES AND SPECIFIC DIETARY REQUIREMENTS
Foodie Babe meals are prepared in a kitchen that handles milk products, eggs, shellfish, fish, gluten and nuts. If your child has a serious food allergy, it is your responsibility to contact Foodie Babe before placing an order.  
Except where we specifically advise, Foodie Babe meals are not designed to cater for allergies or specific dietary requirements. You must take care and have all responsibility for checking all the ingredients in the products.

17. PRODUCT LIABILITY
Foodie Babe cannot exclude or limit any if its liability to you under the CGA and FTA. Any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a product or any other breach of Foodie Babe’s obligations relating to the products shall not exceed an amount equivalent to the total price of your order.

18. FOODIE BABE ACCEPTS NO LIABILITY FOR INDIRECT LOSS
Subject to the CGA and FTA Foodie Babe shall not be liable for any indirect loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the website, or the delivery or failure to deliver any products.

19. ALL INTELLECTUAL PROPERTY OWNED BY FOODIE BABE
All right, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the website (www.foodiebabe.co.nz) and its contents is owned by, and shall at all times remain the exclusive property of, Foodie Babe, its licensors and the providers of any other products and services accessible through the website, and is protected by New Zealand and international law.

20. EFFECT OF FORCE MAJEURE
If the performance by Foodie Babe of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Foodie Babe) Foodie Babe shall be excused from such performance to the extent of such prevention.

21. NO WAIVER OF FOODIE BABE’S RIGHTS
Foodie Babe’s failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.

22. 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 Foodie Babe. Foodie Babe 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 Foodie Babe website (www.foodiebabe.co.nz).

23. SECURITY OF INFORMATION
Foodie Babe will use reasonable procedures to prevent any unauthorised entry into the website. However, Foodie Babe will not be liable for any direct or indirect damage or loss whatsoever if any third-party gains unauthorised access.

24. FOODIE BABE WEBSITE CONTENT
To the best of our ability we’ve ensured the information provided on the website is free from errors, Foodie Babe does not warrant its accuracy, adequacy or completeness, and Foodie babe shall not be responsible or liable for any error in, or omission from, the information provided on the website.
We have the right to make any changes to the information provided on the website at any time and without notice.

25. USE OF THE FOODIE BABE WEBSITE
You agree not to use the Foodie Babe website (www.foodiebabe.co.nz) for any purpose that is unlawful or prohibited by these terms and conditions. You can download the information on the website for your personal use however, the Website, any material on it, can't be altered, modified, reproduced, transmitted or distributed without Foodie Babe’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 Foodie Babe’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.

26.  CHANGES TO THE TERMS AND CONDITIONS
As our business changes, we may need to change these terms and conditions without notice. From time to time, please check out these terms and conditions for any changes. When you continue to use the website after the terms and conditions have been changed this assumes your acceptance of the changes.

27. NEW ZEALAND LAW GOVERNS
New Zealand law governs the use of the Foodie Babe website (www.foodiebabe.co.nz) and these terms and conditions.

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