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TERMS AND CONDITIONS

Welcome to Modu Eatery. These Terms and Conditions ("Terms") govern your use of our website located at https://modueatery.co.nz (the "Site") and our services. By accessing or using our Site and services, you agree to comply with and be bound by these Terms.

1. Use of the Site

        1.1 Eligibility: By using our Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

        1.2 Access: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site for your personal, non-commercial use.

        1.3 Prohibited Conduct: You agree not to:

  • Use the Site for any unlawful purpose.

  • Attempt to gain unauthorized access to the Site or its related systems or networks.

  • Interfere with or disrupt the integrity or performance of the Site.

  • Use the Site to transmit any harmful or malicious code.

  • Collect or store personal data about other users without their consent.

2. Orders and Payments

       2.1 Placing an Order: By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms. If you have any queries about these, please email us at modueatery@gmail.com. A contract between the customer and Modu Eatery for the sale of our products will only exist once an order has been accepted and payment has been received. Prices and availability of goods are subject to change without notice.

        2.2 Payments: We accept account transfers and cash payments. All prices quoted on this website are accurate at the time of publication and are quoted in New Zealand Dollars (NZD) and, where appropriate, inclusive of NZ sales tax (GST) at the current rate.

        2.3 Cancelling an Order: Due to the perishable nature of some products, Modu Eatery will accept cancelled orders prior to the goods being dispatched from the shop. You can cancel your order only before the delivery starts (before 11:00 am of your delivery date). If you would like to discuss a cancellation, please contact us at modueatery@gmail.com, quoting your Name, Order Reference Number, and the date of your order. You will receive written confirmation of the cancellation of your order within 24 hours, excluding weekends and Bank Holidays, when you will receive confirmation on the following working day.

        2.4 Damages: In the unlikely event that your order arrives damaged, it is the customer’s responsibility to report the damage to us within 24 hours and send photographic evidence of the damage within 3 working days if you wish to claim a refund or replacement. The Seller will not take back any undamaged goods from the Buyer unless agreed in writing by the Seller.

3. Privacy

Our Privacy Policy, available at https://modueatery.co.nz/privacy-policy, describes how we collect, use, and share your personal information. By using our Site, you agree to the terms of our Privacy Policy.

4. Intellectual Property

       4.1 Ownership: The contents of these pages (including pictures, designs, logos, photographs, text, and other materials) are the copyright, trademark, or registered trademark of Modu Eatery or its content and technology providers or their respective owners. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this website in any form is prohibited save for personal, non-commercial use.

5. Disclaimers and Limitation of Liability

      5.1 Disclaimers: The Site and all content, products, and services provided on the Site are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

      5.2 Limitation of Liability: In no event shall Modu Eatery, its directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or services.

6. Governing Law

These Terms and your use of our website are governed by New Zealand law, and you agree to submit to the non-exclusive jurisdiction of the New Zealand courts. This does not affect your non-excludable statutory rights.

7. Customer Complaints

Any complaints or queries you might have should be addressed to modueatery@gmail.com.

8. Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. You are advised to review these Terms periodically for any changes. Your continued use of the Site after the posting of any changes constitutes your acceptance of those changes.

9. Contact Us

If you have any questions about these Terms, please contact us at:

Email: modueatery@gmail.com
Phone: 09 200 0778
Address: Unit 5/83 Apollo Drive, Rosedale, Auckland 0632

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