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Cafe Express Website Terms & Conditions of Use

These terms are issued by Café Express (NZ) Limited (“Café Express”) and are effective from August 1st, 2010. They cover the use of our website – www.cafeexpress.co.nz.  Use includes visits to our sites, purchases on our sites, participation in our database and promotions.  These terms of use apply to you when you use our websites.  Please read these terms carefully - if you need to refer to them again they can be accessed from the link at the bottom of any page of our websites


About Us

This website is owned and operated by Café Express (NZ) Limited, if you wish to contact us please:
Phone: 0800 22 33 39 Monday – Friday 8am – 4.30pm
Email: orders@cafeexpress.co.nz
If you wish to contact us outside office hours please do so via email and we will respond to all queries on our return.


Terms & Conditions

  1. Content
    While we endeavour to supply accurate information on this site, errors and omissions may occur.  Café Express does not accept any liability, direct or indirect, 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 this site.  You are solely responsible for the actions you take in reliance on the content on, or accessed through, this site.
    Café Express reserves the right to make changes to the content on this site at any time and without notice.
    To the extent permitted by New Zealand law, Café Express makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this web site or any other web site.
  2. Making a contract with us
    When you place an order with us, you are making an offer to buy goods.  If selected as an option on your account, we will send you an e-mail to confirm that we have received and accepted your order, which indicates that a contract has been made between us.
    An order is placed on our website via adding a product to the shopping cart and proceeding through our checkout process.  The checkout process includes giving us delivery, billing and any other relevant details for your order.  The final step consists of a confirmation page with full details of your order, which you are able to print as a receipt of your order
    We reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to have been placed fraudulently.
  3. Pricing
    All prices listed on www.cafeexpress.co.nz are in New Zealand dollars and are exclusive of GST (at the rate applicable at the time of placing the order) and any other sales tax.  All prices are correct when published.  Please note that we reserve the right to alter prices at any time for any reason.  If this should happen after you have ordered a product, we will contact you prior to processing your order.
  4. Payment
    Payment is usually made via an existing customer account and an invoice is raised at the time the order is processed, or we will accept the following credit cards: Visa, MasterCard or American Express.  Ownership of the goods transfers at time of payment.
  5. Website and Credit Card Security
    We want you to have a safe and secure shopping experience online.  All credit card payments processed via our sites are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy.
    You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer.
  6. Delivery and Delivery Charges
    At this time, we only deliver to New Zealand addresses.  An additional delivery charge may be added to your order at the time of processing, based upon the address nominated for the delivery of the goods and the delivery method used, which may include third party means.
    Please note that a signature is required for all deliveries.  The goods become the recipient’s property and responsibility once they have been signed for at the time of delivery. 
    If goods are lost or damaged in transit, please contact us within 7 business days at orders@cafeexpress.co.nz.  We may require this delivery information to make a claim against our courier company.  We will offer you the choice of a replacement or a full refund, once we have received confirmation that delivery was not successful.
  7. Delivery Period
    We endeavour to ensure that orders will be dispatched within 1 business day of the order being placed.  Orders will generally arrive the day of, or the day following, dispatch, although please allow 2 days for delivery to rural addresses. 
    The current shipping status of your order is available for viewing via the “My Account” section of the website and we will also include details of your order with shipment of the goods.
    To ensure successful delivery, please provide a delivery address where someone will be present during business hours to sign for the receipt of your package.
  8. Returns
    Returns of faulty, damaged or out-of-date stock will only be accepted for a period of 7 days after receipt of delivery.
  9. Accessing our service
    Other than connecting to the Café Express website by HTTP requests using a web browser, you may not gain access to the Café Express website servers. You agree not to disrupt, modify or interfere with our website or services and their associated software, hardware and servers in any way. You also agree not to modify any content or service on the Café Express website. Furthermore, you agree not to use our sites in any inappropriate or unlawful way.
  10. Disclaimer
    Our websites are intended to provide information for customers shopping our products and accessing our services, including making purchases via our website, raising technical support requests and registering on our database to receive e-mails from us.
    While we endeavour to supply accurate information on this site, errors and omissions may occur. Café Express does not accept any liability, direct or indirect, 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 this site. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
    Café Express reserves the right to make changes to the content on this site at any time and without notice.
    To the extent permitted by New Zealand law, Café Express makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this web site or any other web site.
  11. Intellectual Property
    Café Express owns all copyright and other intellectual property in this site. Everything on this site, unless otherwise stated, is copyright.  Notwithstanding this, where sourced externally, all retail product images and brand names remain the property of the supplier.
    Café Express welcomes the use of this site for personal use, non-commercial use, research or study - provided that the user acknowledges all copyright and other notices contained in the content.
    We advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of this site without the express permission of Café Express.
  12. Personal Property Securities Act 1999 (the PPSA)
    You grant a security interest to Cafe Express in each and every part of the Goods as security for payment of that part and of each other part or parts of the Goods and for any other amounts owing by you to Cafe Express from time to time, and for the performance by you of all your other obligations to Cafe Express from time to time, (“Customer’s indebtedness and obligations”).  For the purposes of section 36(1)(b) of the PPSA, and to ensure maximum benefit and protection for Cafe Express by virtue of section 36(1)(b)(iii) of the PPSA, you confirm and agree that you intend to and do grant to Cafe Express, as security for your indebtedness and obligations, a security interest in all of your present and after-acquired property except only for any such property which is or comprises items or kinds of personal property (“excepted property”):
    (a) in or to which you have rights; and
    (b) which has not been supplied by Cafe Express to you,
    other than any excepted property which is or comprises proceeds of any of that present and after-acquired property which has been supplied by Cafe Express to you.
    Cafe Express may allocate amounts received from you in any manner it determines, including in any manner required to preserve any purchase money security interest it has in any Goods.  You waive the right to receive a copy of the verification statement confirming registration of a financing statement or financing change statement relating to the security interest under the Contract.  You agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to this Contract, or the security under this Contract, and waive your rights under sections 121, 125, 129, 131 and 132 of the PPSA.
  13. Consumer Guarantees Act 1993 (the CGA)
    Where (were it not for this paragraph) the CGA would apply to the contract of sale into which these terms are incorporated, and you acquire (or hold yourself out to be acquiring) the goods for the purposes of a business as defined in the CGA, you agree that the CGA does not apply to the contract of sale.
    Nothing in these terms (particularly the clauses headed "Warranties" "Liability" and "No Credit for Returned Goods") is intended to have the effect of contracting out of the provisions of the CGA where the CGA applies. Where the CGA applies, these terms are modified accordingly.
  14. Links
    Please note that although this site may have some hyperlinks to other third party websites, these sites have not been prepared by Café Express and are not under the control of Café Express.  The links are only provided as a convenience, and do not imply that Café Express endorses, checks, or approves of the third party site.  Café Express is not responsible for the privacy principles or content of these third party sites.  Café Express is not responsible for the availability of any of these links.
    Café Express requires that you request our permission to include a link from another site to this site.  If you would like to request permission, email us at orders@cafeexpress.co.nz.
  15. Jurisdiction
    This website is governed by, and is to be interpreted in accordance with, the laws of New Zealand.
  16. Changes to this Agreement
    Café Express reserves the right to alter, modify or update these terms of use.  These terms apply to your order.  We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders.