Terms of service

Eltham Cheese Bar is owned and operated by Fonterra Brands (New Zealand) Limited (“FBNZ”, “us”, “we”, or “our”). These terms and conditions ("Terms") govern your use of the online store at https://elthamcheesebar.co.nz ("Online Store").  By visiting our Online Store and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms.   

Please read these website (“Site”) Terms carefully before accessing or using our Online Store.   If you do not agree to all the Terms , then you may not access the Online Store or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

By using this Site and/or the Online Store and or transmitting data to us, you agree to be bound by these Terms and our privacy policy. If you do not agree, you should not use the Site or transmit data to us.  

FBNZ may vary these Terms at any time by updating them on the Site. Continued use of the Site or transmission of data to us after changes are made means you accept the changed Terms and agree to be bound by them.  It is your responsibility to check this page periodically for updates. The current version of the Terms will be maintained on the Site. 

You use of this Site must comply with these Terms and you must not use this Site for any unlawful purpose or in a way which breaches any third party’s rights.

General Conditions

At the Eltham Cheese Bar we strive to ensure that your cheese reaches you in optimal condition, maintaining freshness and quality throughout the ordering and shipping process.  

Products  

We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. 

We do our best to display accurate descriptions and pricing, but are unable to warrant that the product description or other content of the Online Store are accurate, complete, reliable, current or error free. Nor do we warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.  

While the colour reproduction of the products is a close representation, we cannot guarantee that the browser software or your computer monitor's display of any color will be accurate. 

Below is our comprehensive ordering and shipping policy setting out our methods and standards:

Ordering

  • All of our cheeses are crafted by hand, and we package the offcuts to reduce waste, which may result in slight variations in weight. 

  • We will do our best to make up orders as closely as possible to the quantities requested.

  • All prices on the Online Store are giving in New Zealand Dollars ($) and are shown inclusive of Goods and Services Tax (GST) at the current rate of 15% but exclusive of delivery costs.

  • Website orders can be shipped within New Zealand only.

  • We do not offer a click and collect service.

  • We do not ship to Post Office boxes; please ensure you provide a physical address.

  • Rural (RD) deliveries are at customers' own risk due an extra day delivery time. We advise having your parcel delivered to a residential address where possible.

  • In the event of pricing errors, we will inform you if a product's correct price is higher than that stated in your order and you may cancel the order.  

As a condition of your use of the Online Store, you warrant that:  

  1. you are at least 18 years of age;  

  1. you will use this website only in accordance with these Terms; and  

  1. the information you provide via this website will be accurate and complete, and will not be misleading, deceptive or likely to mislead or deceive. 

Accuracy of Billing and Account Information 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

Missing or Damaged Items

In the unlikely event that your order is delayed, damaged, or incorrectly fulfilled:

  • Contact us immediately at ElthamCheesebarOnline@fonterra.com

  • Send photos of damaged items within 12 hours. We will work with you to replace or refund affected products promptly.

Payment 

We utilize Shopify Payments to handle transactions through a secure hosted payment page. For your protection, Eltham Cheese Bar does not store or collect any credit card information on its Shopify website. We accept Visa and Mastercard credit cards as payment options.

Errors, Inaccuracies and Omissions 

Occasionally there may be information on our Online Store that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Online Store, should be taken to indicate that all information on the Online Store has been modified or updated. 

GENERAL TERMS AND CONDITIONS OF USE

Governing law

This Site is operated and controlled from FBNZ’s offices in New Zealand. 

If you use this Site from outside New Zealand, you are responsible for complying with any other applicable laws. 

These Terms will be interpreted in accordance with, and governed by, the laws of New Zealand. You and we irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand with respect to any dispute arising under, or in relation to, your use of the Site or these Terms.

Linking our Site

You may not create a link from any other website to any part of this Site, other than the homepage, without our prior express consent (which only we may grant or withhold). You may only link to the homepage with our prior express consent if you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists. If you link to this Site it is at your own risk.

Intellectual Property

All intellectual property rights (including, without limitation, copyright and trade mark rights) in all materials displayed or available on this Site belong to FBNZ unless otherwise stated. If the owner of any material published on this Site is not FBNZ, your rights in respect of that material will be as defined by the copyright owner of the material concerned. 

Unless otherwise stated, you are only permitted to copy text published by FBNZ on this Site for your own personal and non-commercial use only, provided you retain and display any copyright notice applying to the material.  

You may reproduce, distribute and display media releases published by us for public or commercial purposes provided that you retain and display any copyright notice applying to the material. 

Individual items may have more specific terms and conditions associated with them, in which case those terms and conditions will apply to that item in place of this general permission.

Except as set out above, all rights to the Site (including rights in text, graphics, selection, arrangement and overall website design) are reserved and no right or licence is granted or implied under any copyright, patent, trade mark or other intellectual property right of Fonterra or any other party as a consequence of the publication of any material on this Site. No material from this Site (except for media releases published by us) may be reproduced, adapted, exploited or distributed, in whole or in part, used to create derivative works, or displayed on any media, or used in any other way for commercial or public purposes, by you without written permission (which includes email) from FBNZ.

Disclaimer

This Site, and the content and information it contains, is for general informational purposes only and is intended for business users in New Zealand. The content and information on this Site has not been prepared with the specific needs, jurisdictional requirements, objectives or circumstances of individual users in mind. 

Nothing on this Site constitutes medical or other professional advice and this Site should not be a substitute for expert nutritional or health advice, diagnosis or treatment.  While FBNZ endeavours to ensure that the information on this Site is accurate and current, we make no guarantee that the information on this Site will reflect the latest findings, research and or developments. We do not accept liability for any error or omission.  Use of the information and content contained on the Site is at your own risk and we are not responsible for any adverse consequences arising out of such use.

Accessing the Site from countries where the content is illegal is not permitted. If you choose to access the Site from outside New Zealand you do so on your own risk and you are responsible for compliance with applicable local laws. 

All warranties, whether express or implied, as to the accuracy or completeness of the information contained on this Site or in respect of any products or materials referred to on this Site are excluded to the fullest extent permitted by law.

Links on this Site may lead to other websites and some information on this Site may be provided by third parties.  FBNZ accepts no responsibility for the content, currency or accuracy of such information. You should verify such information with those third parties directly. 

While we try very hard to keep information and materials on the Site secure and confidential, we are not responsible for any breach of security which is out of our reasonable control. We do not warrant that the Site is completely secure.

Use of Information Supplied by you

All product or advertising suggestions or ideas, or other information communicated to FBNZ through this Site shall be treated as non-confidential and non-proprietary to you. All such information will become the exclusive property of Fonterra for any purpose whatsoever, commercial or otherwise, without notice or compensation to you.

Consumer Guarantees Act

If you are a business using this Site, then you agree that, to the fullest extent permitted by law, the provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to your use of the Site or your reliance on the Site.

FBNZ ‘s Liability

In no event will FBNZ be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise for any: 

  • damages (direct, incidental, special, consequential, indirect or punitive) of any nature whatsoever;

  • costs or expenses; or

  • loss (including without limitation, losses of profit, business, contracts, revenues or anticipated savings, or data), 

arising out of or in connection with your use of (or inability to use) this Site, any linked website, or any material contained on them.

You agree that if we are held responsible for any damage or loss, FBNZ’s total liability to you for all damages, losses, and causes of action (whether in tort, including but not limited to negligence, contract, or otherwise) will not exceed the amount paid by you, if any, for accessing this Site.

To the fullest extent permitted by law, we accept no responsibility for the compliance of this Site or the information contained in it with the laws of any country other than New Zealand. You agree to indemnify and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with your access or use of the Site, whether in tort, contract, equity or otherwise.

You will take all necessary action to defend and indemnify us and our officers, affiliates and employees against all loss, liability, costs, expenses and or damages (including legal expenses) incurred in connection with any claim brought by a third party against us arising out of a breach by you of any of these Terms.