Terms and Conditions

Terms and Conditions

 

Part 1 – Website Terms of Use

  1. This website is the home of the Cadbury Fundraising store in New Zealand (“Site”). 
  2. The Cadbury Fundraising (New Zealand) store is operated by Interworld Fundraising NZ Limited, referred to as "we", "us" or Interworld in these terms.  Interworld’s business address is 5a Ryan Pl, Manukau, Auckland, New Zealand.  We operate the Cadbury Fundraising (New Zealand) store with authorisation from Mondelez New Zealand. Mondelez New Zealand supplies us with the products and product information featured on the Cadbury Fundraising (New Zealand) store.  We fulfil and supply all orders placed through the Cadbury Fundraising (New Zealand) store.
  3. These terms of use apply to your access to and use of the Cadbury Fundraising (New Zealand) store. By accessing, browsing or using this Site, you agree to these terms of use as amended from time to time. If you do not accept these terms, do not use this Site.  If you place an order, you will also be subject to other conditions, including the Terms and Conditions of Sale in Part 2 (set out below) and the applicable terms of the payment processor (currently Payment Express Limited).  We and/or Mondelez New Zealand may collect personal information when you use the Site.  Any personal information collected will be handled in accordance with these terms and our and Mondelez New Zealand's privacy policies - see the 'Privacy and personal information' section below for more information.
  4. We reserve the right to make changes to the content of the Cadbury Fundraising (New Zealand) store and to these terms at any time without prior notice. You should check this Site from time to time to review the current terms and conditions, as they will apply to you.
  5. All Recommended Retail Prices (RRPs) on the Site are recommendations only.  Cadbury fundraisers are free to set their own resale prices for Cadbury fundraising products. They are not obliged to sell products at the RRPs.
  1. If you wish to contact us about this Site or anything to do with the Cadbury Fundraising (New Zealand) store, you can contact us on 0800 272 473 Monday – Friday, 9am – 5pm (excluding public holidays) or by email at: info@interworldfundraising.co.nz.

Intellectual Property

  1. Most material relating to the Products on this Site, including but not limited to images, logos and illustrations, is protected by copyright, trade marks and other intellectual property rights which are owned and controlled by Mondelez New Zealand and/or its related companies or its or their licensors. The content of this Site is provided for your personal, non-commercial use.  Such material may not be copied, republished, uploaded, modified, transmitted, posted or distributed in any way without the prior written consent of Mondelez New Zealand.
  2. CADBURY FUNDRAISING, CRUNCHIE, BOOST, CADBURY FAVOURITES, DAIRY MILK, THE GLASS AND A HALF DEVICE AND THE COLOUR PURPLE are trade marks used under licence.

Privacy and personal information

  1. As the operator of the Cadbury Fundraising (New Zealand) store, we will collect personal information from you when you access the Site, and when you make a purchase via the Cadbury Fundraising (New Zealand) store. This may include your name, email address, billing address, delivery/shipping address, telephone number and the products you purchase.  We will process and use such personal information in accordance with our Cadbury Fundraising NZ Privacy Policy  and for the purposes of corresponding with you about your order, managing, processing and delivering your order.
  2. We will also share your personal information with Mondelez New Zealand (and Mondelez New Zealand may also collect information about you directly through your use of the Site) who may use your information for the purposes of auditing our distribution services on this Site; data analysis; research; to help deliver and improve the Cadbury Fundraising (New Zealand) store, its design, content and services; to monitor and analyse trends, usage and activities in connection with its products and services, to understand which parts of the Cadbury Fundraising (New Zealand) store are of most interest, and for any other purposes set out in the Mondelez New Zealand Privacy Policy.

 

  1. If you subscribe to receive tips news and offers on the Site, Mondelez New Zealand may contact you from time to time including by email about its products and product offerings.

 

  1. If paying by credit card or debit card on this Site, your payment details will be processed securely through our payment processor (currently Payment Express Limited). We do not collect your credit or debit card details from orders placed on this Site. We will only retain your credit or debit card or other financial details if you have contacted us and we have made this clear at the time of requesting payment.

Links to other websites

  1. This Cadbury Fundraising (New Zealand) store may contain hyperlinks to other websites owned and operated by third parties, or to products offered by third parties. You acknowledge that we and Mondelez New Zealand are not responsible or liable for the content and activities of these third party websites or products.

 

Disclaimer and limitation of liability

  1. Subject to paragraph 19, the contents and information provided on the Cadbury Fundraising (New Zealand) store are provided to you "as is".  To the maximum extent permitted by law, representations, warranties and guarantees of any kind (express or implied) in relation to the Cadbury Fundraising (New Zealand) store and the content, information, products and services provided on this Site including, without limitation, any implied warranties of merchantability, fitness for purpose, freedom from computer virus, the availability of this store, the accuracy or completeness of information, or of non-infringement are excluded.

 

  1. Subject to paragraph 19, your use of the Site is at your own risk and in no event shall we or Mondelez New Zealand be liable for any damages (including without limitation, direct, incidental, consequential, indirect or punitive loss or damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of or inability to access or use, the Site or any errors or omissions in its content. This includes damages to your computer or other property, including that caused by computer viruses or any other technologically harmful material that may infect your computer or other property on account of your use of this Site, including the download of any files or other content from the Site.

 

  1. Nothing in these terms operates to exclude or limit any liability that cannot by law be limited or excluded, including any rights you may have under the Consumer Guarantees Act 1993.

 

Indemnity

  1. You agree to fully indemnify us and Mondelez New Zealand and hold us harmless from any loss, damage, liability, expenses (including legal costs and fees), claim or demand suffered or incurred in connection with:

 

  • any claim made by any third party in respect of your use of this Cadbury Fundraising (New Zealand) store;
  • your breach of these terms and conditions; or
  • your violation of any law or infringement of the rights of a third party.

Jurisdiction

  1. The information on the Cadbury Fundraising (New Zealand) store is intended for use within New Zealand, and we do not imply that the information is appropriate or available for use outside New Zealand. The use of this Cadbury Fundraising (New Zealand) store (including orders placed) and these terms and conditions are governed by, and are to be interpreted in accordance with, the laws of New Zealand.  You submit to the exclusive jurisdiction of the courts of New Zealand.

 

Part 2 – Terms and Conditions of Sale

  1. You need to register for an account on the Cadbury Fundraising (New Zealand) store and be over 18 years to be able to order Cadbury Fundraising products from the store.
  2. These Terms and Conditions of Sale apply if you place an order on the Cadbury Fundraising (New Zealand) store.  By placing an order, you agree to these Terms and Conditions of Sale and the Website Terms of Use set out above.
  3. You are purchasing products from Interworld Fundraising NZ Limited, referred to as "we", "us" or "Interworld" in these terms.
  4. A minimum order quantity will apply to each order.  The minimum order quantity is 12 Cadbury Fundraising boxes.
  5. Orders will qualify for free delivery in New Zealand provided the minimum order quantity (referred to in paragraph 4 above) has been ordered or the order meets a minimum invoice value of NZD$288 (excluding any applicable discounts or GST).
  6. We endeavour to ensure that the contents of any Cadbury Fundraising boxes or hampers are those described on the individual product pages of the Cadbury Fundraising (New Zealand) store. If, however, specific product(s) or specific product(s) within a Cadbury Fundraising box or hamper are unavailable when your order is packed, you agree that we can substitute any unavailable product(s) with items of equal or greater value (based on recommended retail price) without notifying you.
  7. As part of the checkout and payment process, you must provide to us, all relevant details requested to process your order, including, among other things, the name of the intended recipient and their delivery address.
  8. You warrant to us that any information which you provide to us when placing an order is true, accurate, current and complete in all respects.  If you provide us with any third party's personal information, you warrant that you have the consent of that person to provide that information to us (for example if you provide addressee details for someone other than you).
  9. At the completion of the checkout and payment process there will be a confirmation page showing the details of your purchase order which you can print for your records. You will also be sent an email confirmation to the email address you provide when placing your order.

Delivery address

  1. You must ensure that the delivery address you provide to us is sufficient and correct. We will deliver the products ordered by you to the address you provide for delivery when you make your order. 
  2. We will not be responsible for any delay in delivery, failure to deliver any product, or delivery of product to the wrong person if you have given us an incorrect or insufficient delivery address. If you want us to correct a failed delivery, you may need to pay additional postage or courier cost. Where a product is sent to the wrong address due to your error, we will not be responsible for retrieving the products and you will need to place a new order at your own cost.
  3. To  ensure prompt and successful delivery it is preferable that you provide a delivery address where someone will be present during business hours to sign for receipt of your package. If you authorise us to leave the package at the delivery address, the package will be left at the door, or as close to the door as reasonably possible, at which point the package will be treated as delivered and our responsibility for it will end. If you do not authorise us to leave the package at the delivery address, and no one is present at the delivery address to accept delivery, a parcel collection notice will be left in the recipient’s mail box with instructions to contact Fastway Couriers.  We are not responsible for checking the identity of the person who receives the package at the delivery address you have provided, and if subsequently the product is not passed on to your intended recipient we will not be liable to you to refund or resend the product.
  4. Title to and risk in the products ordered pass on delivery to the delivery address. If you instruct or give us authority to leave the package at the delivery address, our leaving the package at the delivery address will constitute delivery.

Delivery time

  1. We only deliver products purchased through the Cadbury Fundraising (New Zealand) store to New Zealand street addresses. We do not deliver to PO Boxes.
  2. We will aim to deliver any products to the delivery address you provide in your order within 4 business days of placing the order. Deliveries to regional addresses may take a little longer. 
  3. You will be notified via automatic email (sent to the email address you provide when placing your order) when your package has been dispatched. Our normal working hours are 9:00am to 4:00pm New Zealand time Monday to Friday. We only process and deliver orders during these timeframes. Any delivery and dispatch timeframes quoted on the Site do not include weekends or public holidays. There is no delivery on weekends and public holidays.
  4. Whilst we make every effort to deliver products within a specified timeframe, we cannot guarantee delivery times, or accept liability for deliveries made outside this timeframe. We also cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries. 
  5. Some street addresses in remote areas may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.

Payment

  1. All prices on the Cadbury Fundraising (New Zealand) store are in New Zealand dollars and are inclusive of GST, unless otherwise stated.
  2. We will charge, and you agree to pay, in relation to each order, the delivery charges set out on our Site and which we will advise to you at the time of placing an order.
  3. Payment for products can be made on this Site through our payment gateway provider, Payment Express Limited. You acknowledge that your use of Payment Express Limited’s service will be subject to its terms and conditions, and we have no control over that service. 
  4. The name Interworld will appear on your bank statement in respect of any payments you make to us.
  5. The information, including pricing and product details, contained in the Cadbury Fundraising (New Zealand) store, Cadbury Fundraising catalogue or order forms may include inadvertent and occasional errors due to typographical mistakes, miscommunication and/or technical glitches.  We reserve the right to cancel orders and refund a customer’s money due to these errors on the Site or in related advertising materials or order forms.

 

Promotions and Promotional Codes

  1. If you have a valid promotion code for the Cadbury Fundraising (New Zealand) store, you may enter it during the checkout process to receive a discount on the price of your purchase.
  2. Terms and conditions however for promotional offers may be updated from time to time without prior notice.  We recommend checking at the time of ordering or go to www.fundraising.co.nz for more details and the most up to date terms and conditions.
  3. Unless explicitly stated otherwise on the Site, only one promotion code can be used per transaction and unique promotion codes can be used only once.
  4. We reserve the right to terminate the validity of any promotion code at any time, and to decline to accept any promotion code (and not provide a discount) for any reason.

 

No Cancellation. No Refunds. Replacements

  1. Subject to paragraph 32:
  • we reserve the right to refuse to process any order or to cancel any order (or part of an order), provided that we act reasonably. In the event that we are unable to proceed with an order (or part of an order), we will notify you directly via email or phone. If we cancel your order, we will refund the amount that you paid in full via your original payment method;
  • once you have placed an order and it has been confirmed, you are not entitled to cancel it; and
  • product may not be returned for any reason, including for reasons relating to unsold stock or orders of excessive stock.
  1. If any product you purchase is defective, damaged during transit, does not arrive within a reasonable time of your order or is not what you ordered, please contact us using the information published in the "Contact us"  section of the Cadbury Fundraising (New Zealand) store.  In certain circumstances, we may ask that you supply us with a photograph via email of any damaged products or that the product is returned to us for inspection.

Disclaimer

  1. Products and services provided by us are provided to you "as is". To the maximum extent permitted by law and subject to paragraph 32, we disclaim all representations and warranties of any kind (express or implied) in relation to products purchased by you from us from the Cadbury Fundraising (New Zealand) store.

Limitation of liability

  1. To the extent permitted by law and subject to paragraph 32, we and Mondelez New Zealand will not be liable for any direct, special, indirect or consequential loss, loss of profit, or damages of any kind arising out of or in connection with this agreement, your order through the Cadbury Fundraising (New Zealand) store, or any content, information, products and services provided by us or Mondelez New Zealand, including on the Cadbury Fundraising (New Zealand) store (however arising, including negligence).
  1. Nothing in these terms operates to exclude or limit any liability that cannot by law be limited or excluded, including any rights you may have under the Consumer Guarantees Act 1993.

Indemnity

  1. You agree to fully indemnify us and Mondelez New Zealand and hold us harmless from any loss, damage, liability, expenses (including legal costs and fees), claim or demand suffered or incurred in connection with:
  • Your breach of these terms and conditions; or
  • Your violation of any law or infringement of the rights of a third party.

Formation of contract

  1. You are deemed to place an order with us by ordering via our online checkout process.  When you place an order via the Cadbury Fundraising (New Zealand) store, you will receive from us an email confirming the details of the products you have ordered from us. This email will only be an acknowledgement and will not constitute acceptance of your order. Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made even if your payment has been processed beforehand. We are not obliged to supply the product to you until we have accepted your order. Until the time when we accept your order, we reserve the right to reasonably refuse to process your order.  For example, we may refuse to accept an order: (a) Where the product ordered is not available or not able to be substituted with other similar products; (b) Where we cannot obtain confirmation that your payment has been authorised or received; (c) if there has been a pricing or product description error; (d) if you or the order do not meet any of the requirements of our Terms and Conditions; or (e) if the order is requested to be delivered outside of New Zealand.
  2. For each order accepted, we will supply the selected products in that order in accordance with these Terms and Conditions of Sale.

Jurisdiction

This agreement is governed by, and are to be interpreted in accordance with, the laws of New Zealand.  You submit to the exclusive jurisdiction of the courts of New Zealand.