Terms & Conditions

General

By using www.mycherriesnz.com you agree that you have read, understood and accepted these terms and conditions.

We reserve the right to change or update these terms and conditions at any time by posting the revised terms and conditions on our website.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect, and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Authorisation of purchase

By purchasing on behalf of another entity, such as a company, you confirm you have the authorisation of the cardholder to agree to these terms and conditions on behalf of the entity.

Ordering

It is your responsibility to check all the details on your order confirmation. If anything is incorrect, you must contact us immediately to update your order.

If you do not receive an order confirmation email when you complete your order online please contact us as we need to ensure you have entered the correct email address. This is the email address which you will receive updates on your order including the tracking information.

For businesses please enter your Floor or Level in the "Company Name" box, as required.

For addresses with a gated or restricted entry, please ensure you are able to receive the cherries at the gate. Couriers will not have entry onto the premises in these cases and may leave your cherries at the gate.

Box Sizes

Our standard box sizes are 1kg and 2kg nett weight. Larger quantities may be available on request. Our outer box fits 6x2kg boxes or 12x1kg boxes.

Pricing

All prices displayed on the website are in New Zealand Dollars and inclusive of GST. We reserve the right to alter prices at any time. All prices are correct when published.

A payment receipt will be emailed to you at the email address you supplied. You are responsible for ensuring that your contact details are correct.

We only deliver to registered New Zealand addresses. The cost of delivery will be charged at the check out. 

Availability and supply

All orders are subject to availability. The option to purchase from the website can be removed at any time, at our discretion and without prior notice. If an order is affected by non-availability, we will notify the purchaser of the delay and supply the fruit as soon as we can.

Availability or supply of the cherries may be affected by events, such as rain, during the season. We will not harvest cherries on a rainy day as it will affect the quality of the fruit. Cherries ripen at different rates and therefore will also affect availability.  

These, among other factors that are beyond our control, may affect the delivery date of your cherries. Please ensure the address supplied for delivery will have a recipient to receive the cherries at any date within the delivery window.

We reserve the right to supplement your order with cherries from another orchard, that is to our same standard, that is locally grown in order to complete any orders in which we have supply issues.

Preferred delivery window

We will do our best to deliver in your preferred delivery window. However, as explained above, the harvesting of our fruit is highly dependent on nature and several other factors that are beyond our control. If we are not able to fulfill your order within the requested delivery window, we will notify you to arrange a new date and/or delivery address if required.

Delivery to rural addresses may take longer and may not be delivered overnight. Whenever possible, we suggest a non-rural delivery address is provided whenever possible.

If the recipient is not at home to receive the cherries during the preferred delivery window or has provided an invalid address, Cornerstone Red Ltd cannot accept responsibility.

Delivery and tracking

Our cherries are delivered using a courier service that aims to deliver the fruit overnight for urban and non-rural addresses. Please allow extra days for delivery to rural addresses. Given the time of year and the disruptions that Covid-19 has caused on New Zealand’s delivery network, please allow for these disruptions. Purchasing our cherries confirm that you accept these risks and will allow of courier delays. At times this may result in fruit that is spoiled, given that courier delays are out of our control, Cornerstone Red will not take responsibility for this. By placing an order, you confirm you understand and take on the risks in delayed courier deliveries. 

The tracking number for the order is found in the dispatch confirmation email sent to the email address provided at check out. This is notification that your fruit is with the couriers and has been dispatched from our site. Once you have received this email and have queries regarding its delivery, please contact the courier provider (NZ Post) at first instance. 

Completion of your order is subject to availability, which includes the availability of fruit being ready to pick (see Availability and supply) as well as the operational capacity of our Couriers.

If you are experiencing issues with delivery outside of the expectations detailed in under “Preferred Delivery Window”, please make contact via our contact page or email us at sales@mycherriesnz.com.

Returns and Cancellation Policy

Your order cannot be returned stock.

Once an order has been placed and payment completed, it cannot be cancelled. Before confirming payment please ensure all the details are correct. We do not provide refunds for “change of minds”.

Complaints / Refund Policy

We do not provide a refund if you have changed your mind about a particular purchase, so please choose carefully.

Pictures and photos used on our website and any of our social media pages are representations of our fruit. 

We will endeavor to provide our customers with satisfactory fruit with stable quality but please bear in mind that fruit quality varies between seasons and does not always produce fruit that is uniform in size, colour, shape or markings. The flavour, texture and juiciness of the fruit will also vary. We will not provide refunds for complaints based on subjective qualities.

If you are not happy with your cherries or are experiencing delivery issues outside of the expected delivery windows , please email us at sales@mycherriesnz.com.

Any complaints regarding fruit quality must be lodged within 24h of receiving your order. If you are unhappy with the quality of the cherries, please provide photographic evidence that clearly shows the quality of the fruit in question. Please also include a photo of the box and any labelling on the box. Please send this to sales@mycherriesnz.com. Cornerstone Red Ltd reserves the right to dismiss a claim if no photographic evidence is provided. 

Please note, not all orders will be refunded or replaced. Each case will be assessed individually. In the case where we deem the customer to not be at fault, we will provide a refund or a replacement.

Please note that there are currently delays in the courier network, so please be aware of and allow for this delay when ordering your cherries.

Payment / Credit Card Security

Cornerstone Red Ltd is a New Zealand owned and operated business. All transactions will be made in New Zealand dollars and all prices are GST inclusive. By placing an order and paying by card online you will be charged immediately (including when pre-ordering any item).

Cornerstone Red Ltd will never store your card details and all transactions are done through Shopify's secure payment gateway.

Liability Limitation

Where you acquire or hold yourself out as acquiring produce or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavor to have and provide complete and accurate information but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website, email or phone.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any defective produce or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of our website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy

We will not sell your submitted personal information or disclose it to any other third parties. We will only use your details to deliver your cherries to you, offer you a repeat ordering service and notify you when cherries become available.

By creating a customer account, your details are saved by Shopify. You may contact us to request the details of your personal information or update it at any time. We may disclose your personal information if it is required by law. We cannot guarantee that our website is secure and we cannot be held responsible for a breach of our website that is beyond our control.

By contacting us you opt to receive messages from us and allow us to contact you again in the future at our discretion. If you have signed up to our newsletter but no longer wish to be subscribed, please follow the unsubscribe link at the bottom of the newsletters or, alternatively, email us with the subject line stating “unsubscribe”.
Unsubscribing from our newsletters will not affect the communication sent specifically relating to your order.

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our website, some functionalities of the website may not be available to you.