Gilmours Online Terms and Conditions
Version: October 2024
Thank you for using Gilmours Online located at www.gilmours.co.nz. The following terms (Terms) govern your use of Gilmours Online so please read them carefully.
Who will supply the goods and how do I agree to the Terms?
1. Gilmours Online is owned and operated by Foodstuffs North Island Limited (Foodstuffs). If you order any goods or services using Gilmours Online, unless clause 2 below applies, your order will be placed with your Gilmours store (being the store you opened an account with) (Your Gilmours Store) and your order will be subject to Your Gilmours Store’s terms of trade (Terms of Trade).
2. For Gilmours Wholesale Limited (GWL) ‘One Account’ customers your order will be placed with GWL and your order will be subject to the terms we have previously agreed with you (Contract Terms).
3. Your Gilmours Store that will supply or deliver your order or GWL, as the case may be (we, our or us in these Terms), is responsible for the supply and delivery of goods and services ordered by you through Gilmours Online. Any orders you place through Gilmours Online are legally binding offers and if accepted by us, a legally binding contract is formed between you and us.
4. By using Gilmours Online you are deemed to have read and agreed to comply with these Terms. If you do not agree to these Terms you should cease using Gilmours Online.
5. Gilmours Online is intended for use by people located in New Zealand and is not intended for use by anyone located outside New Zealand.
6. If there is any inconsistency between these Terms and the Terms of Trade or Contract Terms, these Terms will prevail to the extent of any inconsistency, but only in respect of any orders placed using Gilmours Online.
Your responsibilities and what you can use the Gilmours Online for
7. Gilmours Online allows you to order products from Gilmours and find out information about Gilmours, its stores, products and services, latest offers, promotions and competitions. We are not responsible if you use Gilmours Online for any other purpose.
8. You are responsible and liable to Foodstuffs and Your Gilmours Store for any use of Gilmours Online in breach of these Terms or the relevant Terms of Trade or Contract Terms, as the case may be.
9. We do not charge you for the use of Gilmours Online. You are responsible for any data or telecommunications charges associated with your use of Gilmours Online.
Username and Password
10. You can use Gilmours Online to order goods and services from Your Gilmours Store (or if you are a 'One Account' customer, GWL). To be able to order from Your Gilmours Store, you will need to set up a Service Delivery Account with Your Gilmours Store. If you want to set up a Gilmours Service Delivery Account, please visit www.gilmours.co.nz, contact our Customer Service Team on 0800 270 414 or visit Your Gilmours Store.
11. You will also need to have obtained from us a username and created a password that must be used when prompted. That username and password is personal to you and you agree at all times to maintain the confidentiality of your username and password and not to disclose them to any third party. You agree that you are solely responsible for any use of Gilmours Online by any person using your username and password. You agree that all information you make available to us when registering or using Gilmours Online is true, accurate, up to date, complete and not false, misleading or deceptive in any way and that we can rely on this information for the purposes of fulfilling your orders.
Session time-out
12. When you access Gilmours Online with your username and password, if there is a full 120-minute period of inactivity you will automatically be logged out of the session and will need to login to continue.
13. Note, all reasonable efforts will be made to retain draft orders (uncompleted or unsubmitted). If we are able to retain a draft order, you will be able to resume your order by logging into your account again. If you no longer wish to purchase the items retained in your basket or cart you will need to remove the contents by clicking the “Remove from cart” button.
14. You can create shopping lists for regular orders. Information on managing lists is covered in more detail further below.
Order cut-off times
15. Orders for Delivery must be placed before the order cut-off times displayed in Gilmours Online 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). Order Cut-Off Times may change from time to time as determined by us.
Product information
16. The pricing displayed is the valid pricing for your account once you login. The name, quantity and price of each item will appear in your cart.
Estimated order value and final order value
17. Because of the way online ordering and fulfilment works, the price you pay for orders using Gilmours Online is determined differently to the way described in the Terms of Trade and Contract Terms, as described below. All provisions in the Terms of Trade and Contract Terms relating to GST and timeframes for payment apply to orders placed using Gilmours Online.
18. At the time of checkout, the prices will be updated to estimate your total charges using the price you see on the date your order is submitted. The order total shown in your cart before you finalise your order is an estimated total only. Your order confirmation email that we send you will also note your total estimated order value. The final order value is the actual price you will pay for your order (plus a service fee if applicable for Delivery) and may change from the estimated order value for the following reasons:
18.1. Variable weight items – if you have ordered 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 us (at the unit price displayed in Gilmours Online at the time you placed your order). We will do our best to ensure that the items you actually get and pay for weigh as close as possible to the weight you ordered.
18.2. Substitutions –if you have agreed that substitutions are allowed on your order or if you have stated your specific needs in the Special Instructions section at checkout, the final value of your order may change as a result of us substituting one or more ordered items (that are not available) for items of an equal or lower value (compared against the price listed on Gilmours Online for the ordered but unavailable items when your order was placed).
18.3. No substitutions – if you have not agreed to allow for substitutions on your order, the final value of your order may change from the estimated order value, as a result of us removing items from your order that are not available.
19. The final value for variable weight items will be calculated using the unit price listed on Gilmours Online at the time your order is placed (for updated order – see clause 22 below), but using the weight of the item when your order is fulfilled.
20. The final value for substitutions and specially requested items will be calculated based on the price of those Gilmours Online items when your order is dispatched.
21. For all other items, your final order value will be calculated based on the prices of those items listed on Gilmours Online at the time of your order is placed.
22. Where the final order value of your order is different from your estimated order value, this will be displayed in your final invoice for your order. This final invoice will be provided to you with your order on delivery or it will be emailed to you. You can also download a copy of any recent invoices (last 90 days) through Gilmours Online in “My Invoices”. To request a copy of an older invoice or statement, or if you would like invoices and statements emailed directly to you, please contact our Customer Service Team on 0800 270 414 (or email queries@gilmours.co.nz if you are a GWL customer).
23. Service fees are calculated based on the final order value.
Amending an order and order value
24. Once you have submitted your order to Your Gilmours Store you cannot change it via Gilmours Online. Amendments must be phoned into Your Gilmours Store or call our Customer Service Team on 0800 270 414 (or email queries@gilmours.co.nz if you are a GWL customer).
25. If we allow you to change your order under clause 24, pricing for your order may have changed and need to be updated at the time that you change your order.
26. If you wish to cancel an order that is no longer required, you will need to phone Your Gilmours Store or our Customer Service Team on 0800 270 414 as soon as possible and let them know the order details you wish to cancel. If you are a GWL customer and wish to cancel an order, please contact our Customer Service Team on 0800 270 414. We may not be able to cancel an order after we or Your Gilmours Store have started fulfilling it.
Age-restricted grocery items
27. Purchase of alcohol It is illegal for us to sell or supply alcohol to anyone under the age of 18 years. It is also illegal for you to purchase alcohol if you are under the age of 18. By ordering alcohol via Gilmours Online you are representing that you are the holder of a liquor licence and purchasing for the purposes of a business in accordance with our Terms of Trade or Contract Terms, or you are 18 years or over and purchasing it for the purposes of a business in accordance with our Terms of Trade or Contract Terms, and that anyone accepting delivery or collecting your order from Your Gilmours Store is 18 years of age or over. It is our policy to require proof of age if you, or anyone receiving or collecting your order for you (or with you) whether via delivery or pick up, looks under the age of 25 years.
Acceptable forms of identification are:
27.1. 18+ HANZ Card;
27.2. New Zealand Driver's Licence; or
27.3. Current Passport.
Tobacco
28. It is illegal for us to sell, supply, deliver or arrange delivery of a tobacco product or herbal smoking product to anyone under the age of 18 years even if you are buying or collecting it on behalf of someone 18 years or over. By ordering tobacco products via Gilmours Online you are representing that you are 18 years or over and purchasing it for the purposes of a business in accordance with our Terms of Trade or Contract Terms and that anyone accepting delivery or collecting your order from Your Gilmours Store is also 18 years of age or over. It is our policy to require proof of age identification as set out in clause 27 above.
29. If you and/or the person accepting delivery or collecting your order does not produce current and valid identification when you and/or they pick up or receive delivery of your order, we will return the age-restricted items to Your Gilmours Store (or the relevant Gilmours Store that attempted to deliver those products or in the case of GWL customers). The store will contact you to arrange a new pick up or delivery time of the age-restricted items. Your Gilmours Store may cancel any order of age-restricted items if you and/or the person accepting delivery or collecting your order does not produce current and valid evidence of age identification.
Access
30. We reserve the right to refuse any application to set up a Service Delivery Account or use Gilmours Online and we are also able to reject any orders that you place. We may also, at our discretion, suspend or terminate your access to Gilmours Online at any time for any reason.
31. We will use best endeavours to keep Gilmours Online free from viruses and from unauthorised access. However, we do not warrant that Gilmours Online will always operate uninterrupted or error-free or that any files available for downloading by you will be error-free or free from viruses, faults or defects.
Warranties
32. You warrant that all your purchases from Gilmours Online are for the purposes of a business.
33. 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.
34. You acknowledge that you cannot rely on any representation or statement made by a representative of ours or Foodstuffs either through Gilmours Online or otherwise, other than the express wording of these Terms and applicable Terms of Trade or Contract Terms. No representative of ours or Foodstuffs assumes any obligation or liability for any advice given to you and you accept orders purchased through Gilmours Online entirely at your own risk.
35. Without limiting the above, the parties agree that, as all goods ordered from Gilmours Online are supplied and acquired in trade, and you, we and Foodstuffs are in trade, you, we and Foodstuffs agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986.
Title and risk
36. Title and risk passes:
36.1. if your order is subject to Terms of Trade, in accordance with clauses 5 (Time that risk passes) and 6 (Personal Property and Securities Act 1999 ("PPSA")) of the Terms of Trade; or
36.2. if your order is subject to Contract Terms, in accordance with clauses 7 (Time that risk passes) and 8 (Personal Property and Securities Act 1999) of the Contract Terms.
Who owns the content of Gilmours Online?
37. Gilmours Online contains intellectual property and other proprietary information that we either own or are authorised to use. We and other third parties may have intellectual property in everything that you hear, read, download or access on or via Gilmours Online (including messages, files, data, software, images, photographs and other materials). You are not permitted to do anything which breaches these intellectual property rights (like copying, modifying or reposting content) unless we give you permission to do so.
Licence to use Gilmours Online
38. We grant you a revocable and non-exclusive, non-sub-licensable and non-transferable right to access and use Gilmours Online 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.
What about links to other websites?
39. We have not reviewed all of the sites that may be linked to Gilmours Online. We are not responsible for the content or accuracy of any off-site page or other sites linked to Gilmours Online. If we include a link to another site, it does not mean we endorse it and therefore you use the link at your own risk.
40. If you have a website and want to link to ours, please contact us for prior permission.
Things you must not do
41. You must not disrupt or interfere with Gilmours Online, servers or other software, hardware or equipment connected to or via Gilmours Online. You must not break any relevant law which applies to the use of Gilmours Online. If you do any of these things or otherwise use Gilmours Online inappropriately or maliciously you will indemnify us for any loss, we suffer in connection with what you have done.
Information on Gilmours Online
42. We will endeavour to keep information on Gilmours Online as accurate and up to date as possible including all pricing shown on Gilmours Online. Descriptions or information relating to products or items displayed on Gilmours Online is provided by our suppliers and manufacturers and, to the extent permitted by law, is not our responsibility. Any reliance upon the information shall be at your own risk. Gilmours Online may have some material which is not accurate or up to date in all respects and errors or omissions may occur. For this reason, neither us nor Your Gilmours Store warrant the accuracy or completeness of the information and, to the extent we are able to by law, we do not accept any liability for any errors on Gilmours Online.
43. We may update information on Gilmours Online at any time and without notice.
44. Specials advertised on Gilmours Online are subject to availability and while stocks last.
45. We and Your Gilmours Store disclaim (to the maximum extent permitted in law) all liability for any damage or loss resulting from your use of, or reliance on, Gilmours Online, any orders place using Gilmours Online or the information provided via Gilmours Online.
Your privacy
46. Your personal information will be collected, used, stored and disclosed in accordance with the Gilmours Privacy Policy, available here.
How can the Terms be changed?
47. Gilmours may change or replace these Terms at any time immediately by notice in writing or email to you, or by posting updated or new Terms on a Foodstuffs website.
Governing law and disputes
48. These Terms and the provision and use of Gilmours Online is governed by New Zealand law. If we have any issues which need to be resolved by a Court, you agree to the exclusive jurisdiction of New Zealand Courts.