Terms and Conditions

Last Updated: November 29, 2025

Part A: Terms for All Customers

1. Acceptance of Terms

By accessing our website, placing an order, or purchasing products from Fresh Chicken Company, you agree to these Terms and Conditions.

2. Use of Website

You agree to use our website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use of the website. Prohibited behavior includes:

• Harassing or causing distress to any other person
• Transmitting obscene or offensive content
• Disrupting the normal flow of dialogue on our website
• Attempting to gain unauthorized access to our systems
• Using automated systems (bots, scrapers) without permission

3. Account Registration

When creating an account, you must provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account and password
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these terms.

4. Ordering and Contract Formation

When you place an order through our website or other channels:

• Your order is an offer to purchase products subject to these terms
• We will send you an order confirmation email acknowledging receipt
• We reserve the right to refuse or cancel any order at our discretion

Orders may be cancelled if products are unavailable, pricing errors occur, or we suspect fraudulent activity.

5. Product Information and Availability

We strive to ensure product descriptions, images, and specifications are accurate. However:

• Minor variations in appearance may occur
• Products are subject to availability
• We reserve the right to discontinue products without notice
• Weight and packaging specifications are approximate

If ordered products are unavailable, we will notify you and offer alternatives, or delay the delivery/pickup till the following working day.

6. Pricing and Taxes

All prices are displayed in New Zealand Dollars (NZD) and include GST unless otherwise stated.

• Prices are subject to change without notice
• The price charged is the price displayed at the time of order confirmation
• If a pricing error occurs, we will contact you before processing the order
• Promotional prices and discounts are subject to terms and expiry dates

7. Payment

We accept the following payment methods:

• Credit and debit cards (Visa, Mastercard, American Express)
• Online payment services (as available)
• Bank transfer (for approved credit accounts)
• Cash on delivery (subject to availability)

By providing payment details, you confirm that you are authorized to use the payment method.

8. Delivery

Fresh Chicken Company delivers to locations within Auckland, New Zealand only. We aim to process and dispatch all orders promptly.

Delivery Times

• For individual consumers, deliveries to your nominated address will take approximately three to five working days after you place your order. If you select pick-up, it will be ready for collection from our Glendene facility within three to five working days after you place your order.
• Delivery and pick-up times are estimates only and not guaranteed
• We are not liable for delays caused by factors beyond our control

Failed Deliveries

If delivery cannot be completed because the delivery address you provided is incorrect, no one is available to receive the order during the agreed delivery window, or the delivery is unreasonably refused:

• Perishable goods may need to be disposed of for food safety reasons
• We may still charge you for the order and any reasonable additional delivery, handling or disposal costs

Pick-up Option

Customers may collect orders from our Glendene facility at 13-15 Akatea Road, Glendene, Auckland during business hours (Monday-Saturday, 6:00 AM - 2:00 PM). Unless otherwise stated or agreed, pick-up orders will normally be ready in approximately three (3) working days after you place your order. We will notify you when your order is ready for collection.

9. Inspection Upon Delivery

You must inspect all goods immediately upon delivery. Check for:

• Correct products and quantities
• Product quality and freshness

If issues are found, please notify the delivery driver and contact us immediately.

10. Food Safety and Storage

All our products are handled according to strict food safety standards. Upon receipt, you must:

• Immediately refrigerate or freeze products as indicated
• Follow storage instructions and use-by dates
• Handle products according to food safety guidelines
• Not consume products past their use-by date

Once products are delivered in good condition, you are responsible for storing and handling them safely. We are not responsible for any issues arising from improper storage or handling after delivery.

11. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Fresh Chicken Company and protected by copyright and intellectual property laws.

You may not:

• Reproduce, duplicate, or copy material from our website for commercial purposes
• Redistribute content without written permission
• Use our trademarks or branding without authorization

12. Limitation of Liability

To the maximum extent permitted by law, Fresh Chicken Company will not be liable for any indirect, consequential or incidental loss, or loss of profits, revenue, data or business, arising out of or in connection with our products, website or services.

Our total aggregate liability for any claim relating to a particular order will not exceed the amount actually paid by you for the products the claim relates to.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that cannot be excluded. For individual consumers, these limitations apply only to the extent permitted by those Acts.

13. Indemnity

You agree to indemnify and hold harmless Fresh Chicken Company, its directors, employees, and agents from any claims, damages, or expenses arising from:

• Your breach of these Terms and Conditions
• Your misuse of products
• Your violation of any laws or third-party rights

14. Privacy

Your personal information is collected and used in accordance with our Privacy Policy. By using our services, you consent to such collection and use.

15. Disputes and Governing Law

These Terms and Conditions are governed by the laws of New Zealand. Any disputes will be subject to the exclusive jurisdiction of the New Zealand courts.

We encourage you to contact us first to resolve any disputes informally before taking legal action.

16. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified terms.

17. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Part B: Additional Terms for Business Customers (B2B)

The following terms apply in addition to Part A if you are purchasing for business, trade, or commercial purposes.

B1. Credit Terms and Payment

Payment for goods is cash on delivery unless credit terms have been approved in writing:

• Credit accounts require completion of a credit application with business details, trade references, and guarantor information
• Fresh Chicken Company may approve, vary, or cancel credit terms at any time without prior notice
• Approved credit customers must pay invoices in full without set-off, counterclaim, deduction, or withholding
• All costs of debt recovery, including legal costs on a solicitor-client basis, are payable by the customer

B2. Pricing and Orders

Orders and pricing are subject to the following:

• Each order accepted constitutes a separate contract for the sale of goods on these terms
• Fresh Chicken Company may accept or reject any order at its discretion

B3. Delivery and Risk

Business deliveries are subject to specific terms:

• Delivery is deemed complete when goods arrive at your address ready for unloading
• Unloading is the customer's responsibility unless otherwise agreed
• A responsible person must be available to receive and inspect goods
• Risk passes to you upon delivery -you must insure goods from time of delivery
• Any delivery date or time is an estimate only -Fresh Chicken Company does not guarantee delivery dates
• If you refuse delivery or delay acceptance, you will be charged for storage and additional transportation costs

B4. No Returns Policy

Fresh Chicken Company does NOT accept returns of goods from business customers.

B5. Inspection and Defective Goods -48 Hour Rule

You must immediately inspect all goods upon delivery to verify merchantable quality, fitness for purpose, and order accuracy.

Critical: If goods are defective, not of merchantable quality, unfit for purpose, or do not match your order, you MUST notify Fresh Chicken Company in writing within 48 hours of delivery.

If Fresh Chicken Company is not notified within 48 hours, we will have no liability whatsoever for any claimed defect.

If you report a defect within 48 hours:

• Fresh Chicken Company may (at our sole discretion) either replace the defective goods or provide credit for a future order
• You must store defective goods separately and provide Fresh Chicken Company the opportunity to inspect them
• You must store goods at your own cost in the state and condition in which they were supplied

Part C: Additional Terms for Individual Consumers (B2C)

The following terms apply in addition to Part A if you are purchasing for personal, domestic, or household use.

C1. Consumer Rights

As an individual consumer in New Zealand, you have rights under the Consumer Guarantees Act 1993 (CGA), Fair Trading Act 1986 (FTA) and other consumer protection laws. Nothing in these Terms is intended to exclude, restrict or limit any rights or remedies you have under those laws. If there is any inconsistency between these Terms and your rights under the CGA or FTA, your statutory rights will prevail.

C2. Returns and Refunds for Consumers

Due to the perishable nature of our products, we generally cannot accept returns. However, you may be entitled to a refund or order credit:

Defective or Faulty Products

If products are defective, spoiled, unsafe or not of acceptable quality at the time we supply them, you are entitled to a remedy under the Consumer Guarantees Act 1993. Please contact us as soon as possible (ideally within 24 hours of delivery for fresh products) with:

• Your order number
• Photos of the products and packaging
• Details of the issue

We may ask you to return the products to our Glendene plant for visual inspection by our staff. We will then provide a replacement, refund or full order credit for future orders at our discretion.

Wrong or Missing Items

If we deliver the wrong product or your order is incomplete, please contact us as soon as possible (ideally within 24 hours of delivery). We will:

• Deliver the correct products at no extra charge
• Collect incorrect items (if still sealed and refrigerated and is of acceptable quality)

If we cannot reasonably supply a replacement or complete the order (for example, due to stock unavailability), you may choose either a refund for the affected products or an order credit for future orders.

Change of Mind

We cannot accept returns or provide refunds for change of mind on perishable products, including where you have ordered the wrong item or no longer want it, due to food safety regulations.

This does not affect your rights to a repair, replacement or refund under the Consumer Guarantees Act 1993 if the products are faulty, unsafe, spoiled or not of acceptable quality.

C3. Cancellation Rights

You may cancel your order, subject to the following:

Change-of-mind cancellations before delivery or pick-up:

• If you cancel more than 24 hours before the scheduled delivery or pick-up date and time: we will refund 97% of the order price and we will retain 3% of the total order amount as a cancellation fee to cover reasonable administration, payment processing and order preparation costs.
• If you cancel within 24 hours of the scheduled delivery or pick-up date and time: as our products are cut and packed to order and may already be in preparation or transit, we are unable to provide any refund for change-of-mind cancellations.

To cancel, contact us immediately at enquiries@freshchicken.co.nz or +64 9 818 4148.

C4. Consumer Guarantees

Under the Consumer Guarantees Act 1993, products must be:

• Of acceptable quality
• Fit for purpose
• Match the description provided
• Safe and suitable for consumption

If products fail to meet these guarantees, you may be entitled to a remedy including repair, replacement, or credit.

C5. Dispute Resolution

If you have a complaint or dispute:

• Contact us directly -we aim to resolve issues quickly and fairly
• If unresolved, contact Disputes Tribunal (for claims under $30,000)
• Contact Consumer Protection at commerce.govt.nz for advice

Contact Information

For questions about these terms and conditions, please contact us:

By placing an order with Fresh Chicken Company, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.