Terms and Conditions

Welcome to Pino Plus Online.

The following terms and conditions govern your use of Pino Plus Online (hereafter referred to as “the Site”) website located at www.pinoplus.com, including any service or content we provide you via the Site, so please read them carefully.

The Site is owned and operated by GS Prime Limited trading as Pino Plus.  While every endeavor has been made to supply accurate information, errors and omissions may occur. Accordingly, we do not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on or accessed through the Site.

Material that you see on the Site may be protected by copyright, trade mark, patent or other protections, even if it is not stated to be.

The Site and its services are intended only for use by people located and residing in New Zealand.

By accessing, searching for and/or ordering your grocery products through the Site, you are deemed to have read and agreed to these terms and conditions. If you do not agree to these terms, you should cease using the Site.

From time to time we may update or revise these Terms. If we update these Terms, we will provide at least two weeks’ prior notice of the change by publishing our updated T & C’s on the Site. We may also take additional steps to bring the changes to your attention, including by notifying you directly. Your continued use of the Site after the Terms have been changed, indicates your acceptance of those changes. From time to time we may also update or revise our Privacy Policy in the same way, as set out in the Privacy Policy.

1. ACCOUNT REGISTRATION

1.1 Registration and your use of the Site

You must register to use the Site and search for and buy grocery items. You can complete this registration by registering as a customer via the Site 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 Site’s Privacy Policy.

You agree that you are responsible for anyone accessing the Site using your nominated email address and password – please keep your nominated email address and password confidential. You will ensure that the information you provide to us is accurate, up-to-date and not misleading, and that we can rely on this information for the purposes of fulfilling your orders.

1.2 Termination/suspension of access to the Site

We may refuse any application to use the Site and we are also able to reject any orders that you place. We may also, at our discretion, suspend or terminate your access to the Site at any time for any reason.

2. PLACING YOUR ORDER

You can place your order via our website any time, any day of the week.  You can have your order delivered via a Courier service or you can have it picked-up (Click & Collect) in one of our store branches.  At the moment, Click and Collect service is only available at our Wairau Branch in Wairau Valley, Auckland.

2.1 Click and collect 

We will endeavour to have your Click and Collect orders ready for collection within 24 hours of confirming your online order.

You will be notified by text/SMS and email when your Click and Collect order is already available for collection at your nominated store branch. We will only release the order to the person specified in the order provided the person has presented a valid ID.

Once you have received notification, you may collect your Click and Collect order anytime during store hours, from 9AM to 6PM, any day of the week. If your order includes any frozen products, we highly advise that you collect it within 24 hours from the time you have been notified. We will not be liable if your frozen products get spoiled if you don't collect them within that period of time.

Click and Collect order has a flat service fee of $5.00.

2.2 Weight limit on delivery via courier

If you opt to have your order delivered to your address via courier, there is a gross weight limit of 15kg per order.  If your order exceed this limit, the base courier fee will be multiplied with the value of total order weight divided by 15 with any fraction rounded to the next whole number, i.e. 20kg / 15kg = 1.3 is rounded to 2.

2.3 Cut-off time for same day despatch

You may place your online order at any time but for the purpose of "same day despatch" your order must be placed and fully paid by 11:00AM from Monday to Friday, except weekends and holidays. Any order placed and fully paid after this time will be despatched the next working day, except on weekends and holidays. Delivery is provided by third party couriers and as such, we cannot guarantee delivery time of your order though normally it takes only a day (overnight) for non-rural North Island addresses and at least two (2) days for non-rural South Island addresses, not counting weekends and public holidays. There is no delivery on weekends and public holidays. You will be notified by a text message and/or email with the tracking information once your order is despatched to the courier.

2.4 Payment

All prices set out in these terms and conditions and/or displayed at the Site are in New Zealand Dollars (NZD) and GST inclusive.

We only accept payment via credit or debit card either Visa or Mastercard.  Your payment is process through a PCI compliant payment gateway and we do not store your credit or debit card information.

Your credit or debit card will have a nominal amount (currently $1) held from the time you placed 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 we have completed packaging your order. You must ensure you have sufficient funds available on your credit or debit card to pay for the order. 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 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.

2.5 Order confirmation

Once you have successfully submitted your order, the Site will automatically send you an order confirmation to the email address you have provided in your registration. Please check your spam or junk folders in case the email has been received there. To avoid this, we recommend that you add our email address (online@pinoplus.com) to your contacts list. If your order confirmation has not come through within 4 hours then please send an email to the same email address.

Please review your confirmation email when it comes through to check that everything is correct. If something does not look right, then please reply to the email with your concern.

2.6 Availability of items

We will do all that we reasonably can to supply the grocery items you have ordered, but in some cases, items may not be available. All grocery items we sell online are subject to availability. As we do not provide preference for item substitution then any items in your order that are not available will not be supplied and will not be charged in your final order value.

2.7 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 the Site for the purpose of resale. If we suspect that you are doing so, we may suspend or terminate your access to the Site or we may refuse to fulfil any order you have placed through the Site.

2.8 Cancelling your order

You can cancel your order by replying to the confirmation email you have received and adding the word CANCEL on the subject line.  Cancellation of any order placed on the Site must be done within an hour of order submission. Any cancellation of order made after the one hour timeframe will incur a $5 cancellation fee and will be charged on the credit or debit information you have provided.

2.9 Returns

We have a seven (7) day Money Back Guarantee with proof of purchase. Unfortunately, due to food safety and hygiene requirements, we cannot accept returns if you change your mind. For a product to be returned or exchanged under our policy, that product must be expired, faulty or otherwise defective. It is this policy that provides you peace of mind while shopping online through the Site.

2.10 No loyalty points 

No loyalty point is earned from any purchases made through our online store.  The business model of our online store is different from that of our physical stores. The database of our online customers and the system used for our online store are separate from that of our physical stores. Loyalty points earned from purchases made in our physical stores cannot be redeemed on our online store.

3. ONLINE PRICING AND PROMOTIONS

3.1 Online pricing and promotions

Prices shown on the Site do not match prices in our Store as they are normally higher by at least twenty (20) cents. Prices shown on the Site are updated regularly so we recommend you check the price of everything in your “shopping cart” before completing your order in case any prices have changed while you have been selecting your groceries.  The price for each item shown in your “shopping cart” is the actual price you will be charged for your groceries and not the price that you may have seen while selecting them.

3.2 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 on the Site are subject to these terms and conditions as well as applicable terms and conditions that apply specifically to that promotion or competition.

4. DIRECT MARKETING AND CONSENT TO RECEIVING MESSAGES

4.1 When you register to use the Site your name and contact details will be added to our database, 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 Site’s 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 in-store and online.

4.2 All electronic communications from us (except for communications confirming your order or otherwise about your order and your ongoing use of the Site) will contain an unsubscribe function if you no longer want to receive messages from us. However, if you unsubscribe we may not be able to provide you with some of the Site services.

5. WARRANTIES

5.1 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.

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

6. LIABILITY

6.1 Consumer Guarantees

We will comply with our obligations under the Consumer Guarantees Act 1993. If items you receive from the Site are damaged, faulty or spoiled at the time of pick-up or otherwise, we will comply with our obligations under the Consumer Guarantees Act 1993. Please email our Customer Support at online@pinoplus.com 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.

6.2 No liability generally

To the maximum extent permitted by law, we will not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any use of the Site and items supplied through the 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.

6.3 Information displayed on the Site

The information on the Site 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 items displayed on the Site have been provided by our suppliers and are not our responsibility. We also take no responsibility if incorrect photo or image is published in relation to a product listed on our website as we can only take responsibility based on the descriptive product name and stock keeping unit (SKU) information given on our website.  Please also be aware of any exclusions or limitations on our liability set out in the Site Privacy Policy.

6.4 Title and risk

Grocery items ordered through the Site are at our risk until collected or shipped out from our store. Once collected from our store or delivered to your address, title and risk in the items are passed from us to you.

7. INTELLECTUAL PROPERTY

We either own or are authorized to use the intellectual property in everything that you hear, read, download or access on or via the Site (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.

8. ACCESSING AND USING THE SITE

8.1 License to use the Site

We grant you a non-exclusive, non-transferable, revocable right to access and use the Site 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 and conditions.

8.2 Restrictions on use of the Site

You will not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any portion of the Site in any form or media or by any means.

8.3 Changes to Pino Plus Online

You acknowledge that we may provide updates, upgrades, patches and other modifications to the Site. We may at any time modify, discontinue or restrict access to the Site 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, the Site.

8.4 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 Pino Plus Online; 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.

9. GENERAL

9.1 Variation of terms and conditions

We can change these terms and conditions at any time, without notice to you by updating them on the Site. The revised terms will take effect when they are posted and your continued use of the Site means you agree to our revised terms.

9.2 Privacy

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

The Site’s Privacy Policy, sets out how we can collect, hold and use your personal information. This Privacy Policy also forms part of these terms and conditions.

9.3 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, 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.

9.4 Governing law

The laws of New Zealand govern your use of the Site and these terms and conditions. Any legal action against us must be taken in a New Zealand court of law.