Welcome to PAK’nSAVE Online. PAK’nSAVE Online is PAK’nSAVE’s online supermarket where you can search for and purchase grocery items (Groceries) through the website. For the purposes of these terms and conditions, PAK’nSAVE Online refers to: (a) the online ordering service; and (b) the PAK’nSAVE Online website that you use to access and use the online ordering services. Your use of PAK’nSAVE Online is governed by these terms and conditions so please read them carefully.
The systems and intellectual property rights relating to or supporting PAK’nSAVE Online 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 operator of the PAK’nSAVE supermarket that you have selected to supply your Groceries (we, our or us in these terms and conditions) is responsible for the supply of Groceries ordered by you through PAK’nSAVE Online. The physical PAK’nSAVE supermarket that we operate is referred to as “Our Store” in these terms and conditions. Any orders you place through PAK’nSAVE Online are legally binding offers and if accepted by us, a legally binding contract is formed between you and us.
PAK’nSAVE Online is intended for use by people located in New Zealand and is not intended for use by anyone located outside New Zealand.
PAK’nSAVE Online is currently only offered, where available, for Our Stores located in the North Island of New Zealand.
1. REGISTERING TO USE PAK’nSAVE ONLINE
1.1 Your use of PAK’nSAVE Online
By accessing, searching for and/or ordering your Groceries through PAK’nSAVE Online, you are deemed to have read and agreed to these terms and conditions. We do not charge you for the use of PAK’nSAVE Online. You are responsible for any data or telecommunications charges associated with your use of PAK’nSAVE Online.
1.2 Registration and use of your PAK’nSAVE Online details
You must register to use PAK’nSAVE Online and search for and buy Groceries. You can complete this PAK’nSAVE registration by registering as a PAK’nSAVE Online customer via PAK’nSAVE Online and providing your nominated email address, password and other requested information.
You agree that you are responsible for anyone accessing PAK’nSAVE Online 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.
1.3 Termination/suspension of access to PAK’nSAVE Online
We may refuse any application to use PAK’nSAVE 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 PAK’nSAVE Online at any time for any reason.
2. PLACING AN ORDER FOR YOUR GROCERIES
2.1 General (Click & Collect)
We do not currently offer delivery via PAK’nSAVE Online. In order to receive your Groceries, you must pick them up from Our Store (i.e. Click & Collect). We discuss this in more detail below.
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 must be placed before the order cut-off times displayed on PAK’nSAVE 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 and conditions). Order Cut-Off Times may change from time to time as determined by us.
2.4 Click & Collect Timeslots
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 on PAK’nSAVE Online. After that time, we cannot guarantee that the Click & Collect Timeslot you reserved on PAK’nSAVE Online will still be available and you may be prompted by PAK’nSAVE Online 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 pick-up within the timeslot you have selected, we will try to contact you using the contact information you provided to us during registration (or subsequently updated by you).
2.5 Estimated order value and final order value
The order total shown in your “trolley” before you place your order is an estimated total only. Your order confirmation email that we send you will also note your total estimate order value. The final order value is the actual price you will pay for your Groceries (plus any fees for Click & Collect, 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 on PAK’nSAVE Online 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 – we may substitute ordered items for items of an equal or lower value. The final value of your order may reduce 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 PAK’nSAVE Online for the ordered but unavailable Groceries when your order was placed).
- No substitutions – if you have told us that you do not want 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.
The final value for variable weight items will be calculated using the unit price listed on PAK’nSAVE Online at the time of your order (or updated order – see clause 2.12 below), but using the weight of the item when those items are picked by our Personal Shoppers.
The final value for substitutions (if applicable) and specially requested items will be calculated based on the price of those Grocery items when they are picked by our Personal Shoppers.
For all other Groceries, your final order value will be calculated based on the prices of those Groceries listed on PAK’nSAVE Online at the time of your order (or updated order).
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 Groceries. This final invoice will normally be emailed to you.
Please also note that if we allow you to change your Grocery order under clause 2.12, pricing for your order may change. See clause 2.12 below for detail.
The service fee for Click & Collect is a flat fee, referred to in clause 3.2 below.
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 Online.
PAK’nSAVE Online does not store complete or usable credit or debit card information. We may store other credit or debit card information (such as your masked credit or debit card number) used to pay for orders placed through PAK’nSAVE Online 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 (i.e. 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.
All prices set out in these terms and conditions and/or displayed at PAK’nSAVE Online are in New Zealand Dollars (NZD) and include GST.
2.8 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 725 672).
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 725 672).
2.9 Grocery item availability and substitutions
We will do all that we reasonably can to supply the Grocery items you’ve ordered, but in some cases Grocery items may be unavailable. All Grocery items, including specials, are subject to availability. Our goal is never to be out of stock, but in case we are, before you check-out we will ask you if you would like to allow us to substitute similar items for items in your order that are not available. You can also set your preference in your account settings. If you have not agreed to allow for substitutions then any items in your order that are not available will not be supplied and you will not be charged for those items. By default, any substituted items will be an equal or better quality item at an equal or lower price (compared to the price listed on PAK’nSAVE Online when you ordered the unavailable Groceries). Where we are able to, we will try to contact you to discuss your preferred substitutions. More information about our substitution policy can be found here.
2.10 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 Online for the purposes of resale. If we suspect that you are doing so, we may suspend or terminate your access to PAK’nSAVE Online or we may refuse to fulfil any order you place through PAK’nSAVE Online.
2.11 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 725 672) so that we can address the issue.
2.12 Changing or cancelling your order
You can change or cancel your order through PAK’nSAVE Online up until the applicable Order Cut-Off Time for the placing of your order (see clause 2.3 above).
Please note that if we allow you to change your order, all of the prices that apply to that order of Groceries will be updated to the prices listed on PAK’nSAVE Online for those Groceries at the time that you submit the change to your order. This means you may lose the benefit of any promotional pricing which applied when you first submitted your order. This is independent of the differences there may be between your total “estimated order value” and total “final order value”, as described in clause 2.5 above (i.e. final value for substitutions and specially requested items will still be calculated at the price for those items when they are picked; and final value for variable weight items will be calculated based on the unit price on PAK’nSAVE Online when you changed your order, using the weight of the item when picked). Please also note that to the extent that we allow you to change your order after the Order Cut-Off Time through our Customer Support Centre, any multi-buy promotional pricing available at the time you placed your order or submitted the change to your order may not be available.
If you successfully change your 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 Online when you made the change.
Unused and unopened non-perishable Grocery items may be returned to Our Store for a refund or exchange with proof of purchase. Unfortunately, due to food safety and hygiene requirements, you cannot return any perishable items purchased through PAK’nSAVE Online. However, if items you have purchased through PAK’nSAVE Online are damaged, faulty or spoiled at the time of pick-up, we will comply with our obligations under the Consumer Guarantees Act 1993.
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.
3. CLICK & COLLECT
3.1 Pick-up service
You can order online and collect your Groceries from Our Store under the “Click & Collect” Option. You can reserve a Click & Collect Timeslot when you select your Groceries on PAK’nSAVE Online. We will do what we reasonably can to ensure your Groceries are available for collection from Our Store 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.
3.2 Fees (Click & Collect)
The fee for our Click & Collect service can be found in our FAQ section. There is also a flat fee for packaging your order, as explained in our FAQ section.
3.3 Locker location
Your order confirmation email will explain how to find and open the locker containing your Groceries at Our Store.
3.4 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 beyond your allocated Click & Collect Timeslot. Any orders that have not been picked up will be removed 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 725 672). We may charge additional fees for late pick-ups.
4. AGE-RESTRICTED GROCERY ITEMS
4.1 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, even if you’re buying it as a gift for someone else. By ordering alcohol through PAK’nSAVE Online you are representing that you are 18 years of age or over and that anyone collecting your Groceries order is also 18 years of age or over. It is our policy to require proof of age if you, or anyone collecting your Groceries for or with you, looks under the age of 25 years. Acceptable forms of identification are:
- 18+ HANZ card;
- New Zealand driver's licence; or
- current passport.
Tobacco products are not available for sale via PAK’nSAVE Online.
4.3 Liquor licence
Click here to view our liquor licences.
5. ONLINE PRICING AND PROMOTIONS
5.1 Online pricing and promotions
Subject to clause 2.5 above, the price of items is as shown on PAK’nSAVE Online. While we endeavour for prices shown on PAK’nSAVE Online to match prices in Our Store, they may not always be the same. Prices shown on PAK’nSAVE Online 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. Subject to clause 2.5 above, the price for each item shown in your “trolley” is the actual price you will be charged for your Groceries and not the price that you may have seen while selecting your Groceries. Please see clause 2.5 for details on pricing and how the estimated order value that we note at the time you place your order may differ from the final order value that you pay.
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 on PAK’nSAVE Online are subject to these terms and conditions as well as applicable terms and conditions that apply specifically to that promotion or competition.
5.3 Gift cards
PAK’nSAVE Gift Cards cannot be used for purchases or otherwise redeemed through PAK’nSAVE Online.
5.4 Coupons and fuel vouchers
Fuel vouchers or other coupons available when you purchase from Our Store are not be available through PAK’nSAVE Online.
6. DIRECT MARKETING AND CONSENT TO RECEIVING MESSAGES
6.2 All electronic communications from us (except for communications confirming your order or otherwise about your order and your ongoing use of PAK’nSAVE Online) 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 some of the PAK’nSAVE Online services.
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 Online 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 Online 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 Foodstuffs either through PAK’nSAVE Online or otherwise, other than the express wording of these terms and conditions. No representative of ours or Foodstuffs assumes any obligation or liability for any advice given to you and you accept Groceries purchased through PAK’nSAVE Online entirely at your own risk.
8.1 Consumer Guarantees
We will comply with our obligations under the Consumer Guarantees Act 1993. If items you receive from PAK’nSAVE Online 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 contact our Customer Support Centre on 0800 PAKNSAVE 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.
8.2 No liability generally
To the maximum extent permitted by law, we and Foodstuffs 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 Online and Groceries supplied through PAK’nSAVE Online. While we endeavour to keep information on PAK’nSAVE Online up to date, we cannot and do not guarantee the accuracy and completeness of this information.
8.3 Information displayed on PAK’nSAVE Online
8.4 Title and risk
Groceries ordered through PAK’nSAVE Online are at our risk until collected from Our Store. Once collected from Our Store, title and risk in the Groceries passes from us to you.
9. INTELLECTUAL PROPERTY
We or Foodstuffs either own or are authorised to use the intellectual property in everything that you hear, read, download or access on or via PAK’nSAVE Online (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 ONLINE
10.1 Licence to use PAK’nSAVE Online
We grant you a non-exclusive, non-transferable, revocable right to access and use PAK’nSAVE 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.
10.2 Restrictions on use of PAK’nSAVE Online
You will not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any portion of PAK’nSAVE Online in any form or media or by any means.
10.3 Changes to PAK’nSAVE Online
You acknowledge that we may provide updates, upgrades, patches and other modifications to PAK’nSAVE Online (together Updates). 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, the Hardware or Software Updates) in order to continue to use PAK’nSAVE Online. 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 Online 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 Online.
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 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.
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 the PAK’nSAVE Online website. The revised terms will take effect when they are posted and your continued use of the PAK’nSAVE Online website means you agree to our revised terms.
11.2 Other terms and conditions
We may need to obtain personal information from you in the course of providing some of the services or content of PAK’nSAVE Online to you. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained.
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 Online and these terms and conditions. Any legal action against us must be taken in a New Zealand court of law.