This page (together with the documents referred to on it) tells the customer (you/your) the terms and conditions (Terms and Conditions) on which ePods (we/our/us) will supply to you the products (Products) listed on our website www.epods.co.nz (Site), via one of our subscription services (Services).
Welcome to epods’s pods ordering service (pods). All orders of pods are governed by these terms and conditions so please read them carefully.
Please understand that if you do not accept these Terms and Conditions, you will not be able to order any Products from the Site.
1.1 We operate the Site located at www.epods.co.nz. We are EPODS Limited (NZBN 9429046103215) trading as EPODS.
2.1 The Site is only intended for use by people residing in New Zealand. Customers must provide a valid email address and bank account details for all orders accepted online as well as over the phone.
3.1 By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- you reside in New Zealand
4.1 After completing the subscription or order process on the Site, you will receive an email from us with these terms and conditions. The contract between us is formed once you have committed to the recurring payments for the subscribed pod.
4.2 An Order will relate only to the Product or Service you have ordered or subscribed to. Each Order that place with us results in a separate binding agreement between you and us for the supply of those Products or Service. For each Order accepted by us, we will supply the Products or Service in that Order to you in accordance with these Terms and Conditions.
5.1 We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in an Order.
5.2 If we reject an Order, we will endeavor to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.
6.1 By subscribing to the Services, you are agreeing to receive our Product on a recurring basis for an indefinite period until cancelled by you or us as set out in these Terms and Conditions. The subscription amount and billing interval are set out on the checkout page, confirmation correspondence, and the customer login area of the Site.
In the case of fixed-term subscriptions, the contract ends when the term of the contract expires, or the contract is cancelled. Fixed term subscriptions continue as open-ended subscriptions when the minimum subscription period ends. The minimum period for a subscription is 12 months.
6.2 You can cancel, pause, and otherwise amend your subscription at any time without the need to receive further Products from us by giving us a call. Any adjustments (such as cancellation, change of pods, suspension, change of address and resuming the service) in the subscribed pod can be done 7 days prior to the subscribed delivery time/date/period.
6.3 We reserve the right to terminate your subscription at our reasonable discretion at any time and without giving any reasons for our decision.
7.1 You may cancel any time 7 days prior to the subscribed pod being eligible for delivery. We prefer the cancellation to be done by email to firstname.lastname@example.org however you can call and cancel with our office too. We are under no obligation to stop the delivery or to provide the refund or cancel the order if it is being done within the 7 days of the subscribed pod being eligible for delivery. Cancellation notices received after that are considered on the next termination date.
7.2 There is no refund or cancellation after the delivery has been made and/or the products has been received.
7.3 There is no cancellation fees for any cancellation done within the first 5 days from the date on which the contract was formed and voice recorded by us. For any cancellation done after the first 5 working days, the cancellation fees for recurring term subscriptions as well as for the fixed term subscriptions is $99.
8.1 From time to time we may need to revise the price of the Products. For any price variations in relation to the Services, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate the Services before Products are delivered under the new pricing plan.
8.3 The current prices of the Products and our delivery charges will be as quoted on the Site, as updated from time to time.
8.3 All prices set out in these terms and conditions and/or displayed on the Site are in New Zealand Dollars (NZD) and include GST.
8.4 Product availability and substitutions: We will do all that we reasonably can to supply all the products in the pods that you’ve ordered, but in some cases certain products may be unavailable. All products are subject to availability. Our goal is never to be out of stock, but if we are, we will substitute similar items in the pods you have ordered for those that are not available. Any substituted items will be an equal or better-quality item. The price of the pods you have ordered will not change.
9.1 Payment for all Products and Services must be made as per the payment method listed on the online checkout page of the Site.
9.2 Orders will be charged to your nominated payment method.
(a) It is your responsibility to ensure your accepted payment method details are valid and up to date.
(b) It is your responsibility to ensure that sufficient funds are available at the time of every payment processing.
9.3 Storage of Collected Information
(a) Epods does not collect or store payment information. All payment information is collected and stored by the applicable third-party, Flo2Cash, in order to be processed as required. We never permanently store complete payment details.
(b) All online transactions performed on this Site are through secured payment gateways. We currently use Flo2Cash for our online payment transactions who is PCI compliant.
(c) Complete payment method details cannot be viewed by Epods or any outside party.
9.4 Failed payments
(a) Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.
(b) You must ensure to have sufficient funds on the debit date else your order cannot be processed or provided.
9.5 Extra fees
(a) If you fail to settle outstanding amounts within ten days of the eligible delivery a late payment fee may apply.
9.6 Indemnity: You agree to indemnify (i.e. compensate) us against any loss or damage that we incur arising out of any default by your nominated payment method to make payment to us in full and where for whatever reason the pods are made available to you.
10.1 If you have cancelled an Order in accordance with clause 7.1, we will process any refund due to you within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product minus the cancellation fees of $99, and any applicable delivery charges. Furthermore, you will be responsible for the cost of returning the Product to us.
10.2 Our Products come with guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act 1993 (the CGA). If you consider that any Products sent to you are damaged, or defective or fail to comply with any guarantees in the CGA, you can notify us and we will examine the received digital or physical evidence of the defective Product and will notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
10.3 If you seek a refund for any other reason, you can request a refund by email to email@example.com and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
10.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.5 Please take care when specifying your delivery address as refunds will not be provided for if you enter an address incorrectly.
11.1 We only deliver to addresses within New Zealand and to extent covered by the courier service provided by New Zealand post and/or Courierpost. A delivery fees may apply. This will be communicated at the point that you place your initial Order.
11.2 If we implement any change in delivery fee for an existing Service we will advise you 14 days before the fee becomes effective so that you will have the opportunity to cancel any future orders before the fee is effective.
11.3 We will deliver the Products to the front door of your nominated delivery address (Delivery Address). You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
11.4 We may require the person accepting the delivery of the Products to provide us with proof of that person's identity (including photographic identification) and, where relevant, age.
11.5 Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply.
11.6 If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavor to comply with these instructions to the extent reasonably within our control.
11.7 You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you.
11.8 You understand that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason.
12.1 The Products will be at your risk from the time the products have been sent out from our office by a courier service in accordance with your delivery instructions. The same is applicable for the title of goods being transferred to you.
12.2 The ownership of the pod(s) will be transferred to you once the pod has been sent out from our end and handed over to the courier service for delivery.
13.1 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.
13.2 Subject to our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, it is your responsibility to satisfy yourself that pods you purchase via our Site are fit for the purpose you intend and to use all requisite care and skill when handling, using and/or consuming the products in the pods. You warrant that you will not use the products purchased through epods Site 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 ours or our Site or otherwise, other than the express wording of these terms and conditions. No representative of ours or epods assumes any obligation or liability for any advice given to you and you accept pods purchased through our Site entirely at your own risk.
13.3 To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
13.5 To the maximum extent permitted by law, epods will not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any use of epods’s services and pods supplied through our Site. While we endeavor to keep information on the Site up to date, we cannot and do not guarantee the accuracy and completeness of this information.
13.6 To the extent permitted by law:
(a) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to send a replacement or resupply of the product or services again. In any event our cost will not exceed the amount paid by you for the order.
13.7 Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
14.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
16.1 Variation to terms and conditions: We may change these terms and conditions at any time, without notice to you by updating them on the Site.
16.2 Governing law: The laws of New Zealand govern any pods orders made and these terms and conditions. Any legal action against us must be taken in a New Zealand court of law.
16.3 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, pandemic, 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 delivered or picked up due to Force Majeure.
We reserve the right to require a minimum order value (excluding any fees, charges and taxes) and we may, at any time and in our sole discretion, waive, change or vary by location, any minimum order requirements. We may, in our sole discretion, charge service fees for delivery, in either case such service fees will be displayed on our Website as a “delivery fee”. The delivery fee will be displayed on the booking page and confirmed at checkout when submitting your order on our Website.
By completing the checkout and submitting an order through our Website, you are agreeing to pay, in full, the prices of the items selected (or any substitutions accepted by you) and all applicable charges (such as charges for bags, deposits, delivery fees, etc), taxes, by credit card or other permitted payment method. You authorize us to process payment of the applicable purchase price via the payment mechanism you select from the available choices, and you represent and warrant that you are authorized to use the applicable payment mechanism. If your payment method is by credit card and is rejected by the card issuer or processor, your order will not be filled and we will have no obligation in respect of it. During the credit card authorization process when you submit your order, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be prepared for delivery. You are responsible for any fees, including legal costs and collection costs, that we may incur in collecting any unpaid balances from you.
To complete an order, you may be required to provide certain additional information that is required to process your order. If you do not complete or improperly complete your order, it may not be accepted or acknowledged. We reserve the right to change the permitted methods of payment at any time.
We may, in our sole discretion, accept or reject any order placed via our Website. All offerings on our Website are invitations to purchase and not offers to sell. Any online or email confirmation of receipt of an order after placement is an acknowledgement of receipt of the order but not an acceptance of the order. Subject to our cancellation rights as set out in these our Website Terms, your order is accepted when we dispatch the order to you.
When your order is assembled, if an item you have ordered is not available we will where reasonably possible substitute another comparable item. This item may be at a different price than the one you ordered however it will be provided at no extra cost to you.
We may, in our sole discretion, cancel an order you have placed on our Website after we have accepted it, in which case you will be Contacted. If we cancel your order, we will have no obligation to fulfill it nor will we otherwise be liable to you in respect of it, and you will have no obligation to pay for it. We may in some circumstances require additional information or verification before accepting or fulfilling an order, in which case you will be Contacted.
Subject to applicable laws, (a) purchase of products on our Website is subject to availability and may not be available for purchase at your location. Items listed on our Website may not be available or in-stock at all times. If product(s) are not available, we will have no obligation to fulfill an order for those products and you will have no obligation to pay for them except where you have accepted a substitute; and (b) we reserve the right to change the products, prices and descriptions advertised or displayed through our Website, at any time without notice or liability to you, and to correct, at any time, any pricing errors. While we update our Website regularly, prices, selection and availability, including the availability of promotional offers, may vary and are subject to change without notice. We are not responsible for any loss or damages arising from such updates or changes.
We reserve the right, in our sole discretion, to limit quantities of items purchased per person, per household or per order or otherwise from time to time. We will make reasonable efforts to Contact you if such limits or prohibitions are applied to an order by you.
Deliveries will be made to the address specified by you when you register. For any changes to the delivery information, you will have to contact us by phone or by email.
It is your responsibility to ensure that an appropriate person is available to receive the order at the delivery address at all times during the delivery time slot confirmed at the time of checkout. We only deliver to addresses within New Zealand and to extent covered by the courier service provided by New Zealand post and/or Courierpost. This is to be read in conjuction with the delivery terms at paragraph 11.0 for "Delivery".