Wattie's to Home Terms of Service

Terms and Conditions for the supply of Wattie’s products
For Infant Subscription Bundle specific terms, please scroll to clause 12 
1.     THESE TERMS
These are the terms and conditions (these terms) on which Heinz Wattie’s Limited (we, our, us) will supply our products to you.
Please read these terms carefully and make sure you understand them in full before ordering any products from our site.
By ordering any of our products, you agree to be bound by these terms.
These terms tell you:
(a)     who we are,
(b)     how we will provide products to you,
(c)     how you and we may change or end the contract,
(d)     what to do if there is a problem and other important information.
If you think that there is a mistake in these terms or do not wish to accept them, please do not proceed with your order and contact us by email wattiestohome@kraftheinz.com.
2.       INFORMATION ABOUT US AND HOW TO CONTACT US
We are Heinz Wattie’s Limited NZBN 9429039009975.
You can contact us by emailing our customer service team at wattiestohome@kraftheinz.com.
If we have to contact you, we will do so by using contact details you provided to us in your order. We will contact you in relation to your order only and in compliance with our Privacy Policy.
3       HOW THE CONTRACT IS FORMED BETWEEN US AND YOU
Once you have completed your order, you will be asked to confirm that it is correct.  If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order to us.
It is your responsibility to ensure that your order is correct.  Our acceptance of your order will take place when we email you to accept it at the e-mail address you provided to us as part of the order process, at which point a contract will come into existence between you and us.
Once your order is submitted, we are unable to make any changes to it.  We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
If for any reason we are unable to accept your order, we will inform you of this by e-mail and will not charge you for the product. We will not be under an obligation to supply the products to you until we have confirmed that we have accepted your order.
If the products that you have ordered are no longer available, we may offer you substituted products of a similar nature and quality. In this case, we will endeavor to contact you and ask if you wish to proceed. If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the products to you until we have confirmed that we have accepted your order.
There is a limited number of circumstances when we can cancel your order after we have accepted it or even if we have received your payment.  These circumstances are:
  • There was an error in the description of the products or in the price as advertised by us;
  • Suspected fraudulent activity;
  • Your order is in breach of these terms or is contrary to any law.
In the event that your order is cancelled, we will endeavor to contact you as soon as possible, using the contact details supplied to advise you of the cancellation.  
We only sell to over-18s residing in New Zealand and solely for private use. Unfortunately, we do not accept orders outside New Zealand or from any individual under the age of 18 as at the date on which they placed their order. However, you can purchase gifting bundles from us for the delivery to your friends in family in Australia, UK or USA. We will deliver these bundles for you via FedEx. Please see FedEx terms and conditions here.  
Our Infant Subscription Bundles are only available for delivery within New Zealand.
These bundles are intended for personal use and not for re-sale or commercial distribution.
4       OUR PRODUCTS
The packaging of the product may vary from that shown on our website.  The images of the products on our website are for illustrative purposes only.  Although we have made every effort to display the products accurately, we cannot guarantee that a device’s display of the products accurately reflects the products.
5       PRICE AND PAYMENT
The price of the products and delivery fees will be as displayed to you on our website.  Payment is due in full at the time of ordering.  We accept payment with VISA, MasterCard, Amex, Google Pay and Apple Pay.
We reserve the right to amend any pricing errors displayed due to human error, computer malfunction or other reason and may exercise its right to cancel the order at any point prior to delivery of the products pursuant to clause 3 of these terms.
Before or upon delivery of the products, we will provide you with a tax invoice with the total price for the products and delivery fees.
6       OUR RIGHTS TO MAKE CHANGES
From time to time we may change the product to reflect changes in relevant laws and regulatory requirements or to implement minor adjustments and improvements.  These changes will not affect your use of the product.
We have the right to revise and amend these terms from time to time.  You will be subject to the policies and terms in force at the time that you order products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms before we send you confirmation of your order (in which case we have the right to assume that you have accepted the change to the terms, if you proceed with ordering from us).
Before or upon delivery of the products, we will provide you with a tax invoice with the total price for the products and delivery fees.
7       DELIVERY
Currently we are only able to deliver to all post codes in New Zealand. You can also purchase from New Zealand for the products to be delivered to your friends and family living in Australia, UK or USA.
We will deliver the products to you as soon as reasonably possible via NZ Post Haste Couriers standard parcel delivery service for NZ and FedEx for Australia, UK and/or USA.
Terms and conditions of service for NZ Post Haste Couriers and FedEx apply.
All delivery times quoted on the website are estimates only, based on availability, normal processing and the availability of our third-party service providers (for example the delivery company that fulfils the order for us).
You will receive an email with the tracking number for your order when it is dispatched.
We are not responsible for delays outside our control.  If our supply of the products is delayed by an event outside our control then we will attempt to notify you as soon as possible and we will take steps to minimise the effect of the delay.
For local deliveries only - if you provide your phone number when you order, NZ Post Haste Couriers will send you a text on the day of delivery asking for your preferred delivery method.  If you do not provide a number or specify your preferred delivery method then someone will need to be home to accept the delivery.  If you are not home at the time of delivery, you will receive a postal card with information about which NZ Post Haste Couriers location you can collect your order from.
The product will be your responsibility from the time the product is delivered to the address you gave us in your order.
You own a product once we have received payment in full from you and you have received the product.
8       YOUR RIGHTS TO REFUND
Your rights to refund will depend on whether there is anything wrong with what you have bought or if the product does not arrive:

(a)        If what you have bought is faulty, damaged or misdescribed or doesn’t arrive; and
(b)       you notified us within a reasonable period of time
You may have a legal right to refund (including the delivery cost) or to have the product replaced.
If you have just changed your mind about the product, you don’t have the right to a refund.
For Infant Subscription Bundles, you will also have a right to a refund if you requested cancellation of a subscription at least four (4) business days before a scheduled delivery. Please refer to clause 12(c)(iii) below on ‘Timeframes for changes’ to subscriptions.
To claim a refund or replacement, please contact us at wattiestohome@kraftheinz.com.
9       IF THERE IS A PROBLEM WITH PRODUCT
If you have any questions or complaints about the product, please contact us on 0800 653 050 or at wattiestohome@kraftheinz.com.
10     HOW WE MAY USE YOUR PERSONAL INFORMATION
Our Privacy Policy sets out how we will use your personal information.
We may need certain information from you so that we can supply the products to you.  If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may not be able to deliver to you or delivery time may take longer.
11     OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us if we fail to comply with these terms, but we are not responsible for any loss or damage that is not foreseeable
Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the purchase was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We are not liable for your business losses.  We only supply the products for domestic and private use.  If you use the products for any commercial, business or re-sale purpose we will have no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) or for any injury, death, damage or direct or indirect consequential loss including without limitation any loss of profit, loss of business, business interruption, or loss of business opportunity.
Subject to this clause 11 and to the extent permitted by law, you release and discharge us and our Related Companies from all forms of direct, special, indirect or consequential loss arising out of or in connection with these terms.
12       INFANT SUBSCRIPTION BUNDLES 
(a)    Subscription term, products and minimum spend, renewals, delivery frequency
(i) Subscription term: When you purchase an Infant Subscription Bundle, you will receive repeat deliveries (each “an order” ) of the selected products at the selected delivery frequency to your nominated delivery address during the subscription term.  The subscription term is five (5) months and will expire unless renewed.  There is no obligation to renew and you can easily cancel, pause orders or make changes to the product selection and when you wish to receive deliveries of your orders at any time.  Please refer to clause 12(c) below on managing and making changes to your subscription.
(ii) Products and minimum spend: The subscription requires a minimum order of 15 products per delivery to reach the minimum spend of NZD $30 per month based on a “monthly” delivery frequency.  For example, if you retain your subscription for the maximum period of 5 months at the minimum monthly spend of NZD $30, the total incurred would be NZD $150.  Once you set up your subscription, you may cancel it at any time without incurring any fee. Please refer to clause 12 (c) on managing and making changes to a subscription.
You will need to order a minimum of fifteen (15) products per delivery to reach the minimum spend.  You won't be able to proceed through the checkout for any order that does not meet this minimum threshold.  Orders that are part of a subscription that are edited to be below the NZD $30 minimum threshold will not be processed.
Products must be selected from the subscription list of Wattie’s® infant pouches and/or Farex® infant products published on this website.
The maximum number of units of a single variety of Wattie’s® or Farex® products that may be included in any order is ten (10).  For example, you may select ten (10) units of one product variety, provided at least two (2) product varieties are included within the order.
If we are out of stock of a selected product in your subscription, we will substitute it for another product within the product list of the same value.  We may, where necessary in our discretion, add or remove products from the subscription product list. If we do so, we will update the subscription product list on this website. 
(iii) Renewals:  You may renew your subscription by logging-in to the customer portal page (accessible via a link sent to your email address provided) by email to wattiestohome@kraftheinz.com or by contacting us on 0800 653 050 at any time before the end of the subscription term.  A renewal reminder will be sent to you at least 7 days before the end of the subscription term. There is no obligation to renew the subscription.  You can easily cancel the subscription, pause orders or make other changes at any time. Please refer to clause 12(c) below on managing and making changes.
(iv) Frequency of deliveries: You may select the desired frequency of the delivery of your orders to occur on either a weekly, fortnightly, or monthly basis. You may change the delivery frequency at any time in accordance with clause 12(c) below.
(b)      Price and payment
(i) Price and billing:  Once you have selected your delivery frequency and product mix, your nominated account will be billed approximately two (2) days before each scheduled delivery during your subscription and once this has occurred the bundle will be delivered to your nominated address.  If you wish to pay in advance of any scheduled delivery, you may do so by logging into the customer portal page (accessible via a link sent to your email address provided).
The amount billed will be calculated based on the delivery frequency you selected for the subscription at the time you set it up or the current delivery frequency where you have made any changes.  You may modify the delivery frequency at any time by giving us four (4) business days’ prior notice in accordance with clause 12(c) below.  We will send you a tracking link for your upcoming delivery once the delivery has been dispatched from our warehouse.
(ii) Unsuccessful or rejected payments: If the first billing attempt for an order using the selected payment method fails, we will attempt to bill you for the order 5 more times, each attempt will be 24 hours apart.
When a subscription reaches the maximum number of five (5) failed billing attempts, the subscription will be paused and we will notify you by email.
(c)      Managing subscriptions – renewals, changes, cancellations and timeframes
(i) Renewals: There is no obligation to renew a subscription. If you do not renew your subscription before the end of the five (5) month term, it will expire. 
(ii) Changes and cancellations:  If you wish to pause, cancel, change or renew a subscription, you can do so at any time. Your order confirmation emails from us will include a link to your order that you can use to manage your subscription – this includes pausing your subscription for a period of time (for example: if you will be away or not available to receive a scheduled delivery), un-pausing your subscription, making changes to product selections or desired delivery frequency, cancelling or renewing your subscription.  Alternatively, you may also manage your subscription in these ways by email to wattiestohome@kraftheinz.com or by contacting us on 0800 653 050.
(iii) Timeframes for changes: Changes to orders, delivery frequencies, cancellations and renewals or will take up to 4 business days to become effective. 
Change requests: If you have an upcoming delivery scheduled in more than 4 business days and wish to make a change to the scheduled date or product mix – provided we receive your request in less than 4 business days before the scheduled delivery date, your changes will be applied and you will not be billed for the delivery.  This timeframe also applies where you choose to pause a scheduled delivery.
If you submit your change request in less than 4 business days before the scheduled delivery date, we will endeavour to process the change as soon as possible but cannot guarantee the change will be processed inside this timeframe.  Where a change request is made inside this timeframe, the change will be applied effective for the next scheduled delivery.  For any issues you experience with an urgent change request, please contact us by email to wattiestohome@kraftheinz.com.
Cancellations: If you have an upcoming delivery scheduled in more than 4 business days and wish to cancel your subscription – provided we receive your request at least 4 business days prior to the scheduled delivery date, your changes will be applied and you will not be billed for the scheduled delivery and your subscription will be cancelled.
Where you send us a request to cancel your subscription in less than 4 business days before a scheduled delivery date, we will endeavour to process the cancellation as soon as possible but cannot guarantee it will be processed inside this timeframe and we will cancel the subscription effective as soon as we have processed the cancellation. If we are unable to process the cancellation in less than 4 business days and you are billed for a delivery after the date on which you sent us your cancellation request, we will issue a refund for the delivery.  For any issues you experience with an urgent cancellation request, please
contact us by email to wattiestohome@kraftheinz.com.
Renewals: Your subscription will expire after 5 months unless you cancel it earlier and will expire if you have not re-activated it within the 5 month period after pausing deliveries.  If your receive a notification from us that your subscription is due to expire, you may elect to renew it by sending us an email to wattiestohome@kraftheinz.com or by contacting us on 0800 653 050. There is no obligation to renew a subscription and you may cancel a subscription at any time by notifying us in accordance with this clause 12(c).
13     OTHER IMPORTANT TERMS
We may transfer this agreement to someone else.  We may transfer our rights and obligations under these terms to another organisation including the use of a third party to fulfil the order and delivery process.
Nobody else has any rights under this contract.  This contract is between you and us.  No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force.  Each of the paragraphs of these terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later.  If either of us does not insist upon strict performance of any of the other’s obligations under these terms, or if either of us does not exercise any of the rights or remedies to which we are entitled under the terms, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.
If you are unhappy and would like to complain please contact us at wattiestohome@kraftheinz.com.
All rights, including copyright, in this website are owned by or licensed to us. You may not modify, distribute or re-post anything on this website for any purpose.  Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission.
We may terminate or suspend our contract at any time by delivering notice or by sending you a message advising that your shopping privileges have been removed.
Unless otherwise expressly stated in these terms, termination of our contract is effective the day notice is received, or such later date as specified in the notice.  We may remove anyone from the system or refuse to deliver to a particular address at any time.  You may cease placing orders with us at any time.
We can give you notice by email or notice on our website https://wattiestohome.co.nz
You can give notice to us by contacting us at wattiestohome@kraftheinz.com.
These terms are governed by the laws of New Zealand.
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Heinz Wattie’s Ltd. All rights reserved.