Terms and conditions of use

1 Agreement

Unless otherwise agreed in writing, the Customer will be bound by these terms and conditions if the Customer places an order with the Seller (Fusion Food Haus) and it is accepted by the Seller. The Seller is not bound by any terms and conditions contained in any document issued by the Customer.  The Seller’s quotation, order form and these terms and conditions constitute the entire agreement between the Seller and the Customer for each order.

2 Orders

Once the Seller has accepted an order, it cannot be cancelled by the Customer without the Seller's approval.

The supply of goods is subject to availability.  The Seller reserves the right to suspend or discontinue the supply of goods to the Customer. If the Seller is unable to supply all of the Customer’s order, these terms and conditions continue to apply to any part of the order supplied.

3 Price

Where a valid written quotation or electronic order has been given by the Seller, the selling price is the price specified in the quotation or electronic order. In any other case, the Seller’s selling price is the price specified in the price list as at the date of dispatch.  Unless otherwise stated, the selling price includes GST. All prices are subject to any variation in exchange rates, customs duty, taxes, freight, insurance and the selling prices of the Company’s suppliers’, which occur before delivery of the goods unless otherwise agreed in writing.  The Seller may charge a reasonable delivery fee for all orders delivered to the Customer.

4 Delivery

The time of delivery in any quotation represents the time at which the goods are to be ready for dispatch from the Seller’s premises and further time is to be allowed to cover transit to points of delivery.  If a delivery date is specified, the Seller will use its best endeavors to make delivery on the specified date. That date is an estimate only and the Seller is not liable for any loss or damage sustained by the Customer or any person due to any delay in delivery.

5 Returns & Damaged Items

The Customer must inspect the goods immediately following delivery. A written claim must be submitted to Fusion Food Haus within 2 days of receiving the goods. It should include pictures of products in the way it was received, capturing the extent of damage along with an explanation.  Additionally, ALL items along with the damaged packaging is to be returned should Customer wish to have their order fully replaced.  We may organize a courier to collect damaged order, where appropriate. If claims are found to be justified, faulty products will be replaced free of charge excluding delivery costs.  We regret that we will not be able to complete our claims investigation should the above conditions not be met.

We will not accept returns of perishable items unless there has been a mistake in our processing of Customer order.

6 Governing law

The laws of New Zealand apply to these terms and conditions and any account opened in the name of the Customer. The parties irrevocably submit to the jurisdiction of the appropriate court convenient to the Seller in respect of any claims, proceedings and matters arising out of or in respect of these terms and conditions.

Consumer Guarantees Act 1993  If the Customer is acquiring the goods for the purposes of business, then to the extent permitted by law, all the guarantees and remedies in the Consumer Guarantees Act 1993 (or its replacement) are excluded.

All costs incurred in the recovery of overdue payments or accounts will be added to the total amount owed.