Terms of Use
AND GROUP – TERMS AND CONDITIONS OF TRADE
In these Terms and Conditions, “We”, “Us” and “Our” refers to AND GROUP and “You” or “Customer” refers to the person, company, organisation or entity placing or confirming an order with Us.
By placing an order for goods, catering services, or function services, You agree to be bound by these Terms and Conditions.
1. DELIVERY
1.1 A delivery fee of $15 (incl. GST) applies to standard orders within the Dunedin urban city limits. Delivery outside this area, or for non-standard orders, will be adjusted manually.
1.2 We will use reasonable endeavours to deliver the Goods to the nominated address within the agreed timeframe. Any delivery time provided is an estimate only. A delay in delivery shall not entitle the Customer to cancel, reject, or repudiate any order.
1.3 Unless We receive written notice within 24 hours of delivery, all Goods are deemed to have been received in acceptable condition, quantity, and quality.
2. TITLE AND RISK
2.1 Risk in the Goods passes to the Customer upon delivery or when the Goods come under the control of the Customer or the Customer’s agent.
2.2 All crockery, cutlery, platters, boxes, serving ware, equipment, furniture, or hired items supplied remain the property of AND GROUP at all times.
2.3 Risk in hired or supplied service items transfers to the Customer upon delivery and continues until the items are returned to Our possession.
2.4 We may enter any premises where Our property is located, without notice, to recover such items. We will not be liable for any damage or loss arising from reasonable recovery of Our property.
2.5 The Customer is responsible for all loss, damage, or breakage to hired or supplied items. Replacement costs must be paid within 7 days of invoice.
3. PRICING
3.1 All prices are in New Zealand Dollars (NZD) and include GST unless stated otherwise.
3.2 Prices are subject to change without notice prior to order confirmation.
3.3 The applicable price is the price confirmed at the time payment is made to secure the booking.
3.4 Quotations are based on information available at the time issued. If costs, specifications, quantities, staffing requirements, transport, or supplier pricing change, We reserve the right to adjust the quoted price accordingly.
3.5 Public Holiday, Non-Trading Day & Setup Fees
- Functions or events occurring on a New Zealand public holiday will incur a 15% surcharge.
- On non-trading days (specifically Sundays and Mondays), additional charges may apply.
- The venue reserves the right to apply a setup fee where event requirements necessitate additional preparation, staffing, or venue configuration.
4. PAYMENT
4.1 Payment must be made by credit card unless otherwise agreed in writing.
4.2 Orders are not confirmed or prepared until payment has been successfully processed.
4.3 By providing payment details, You authorise AND GROUP to charge the full order value including taxes, fees, and delivery charges.
4.4 Payments are processed through secure third-party providers. AND GROUP does not store full credit card details.
4.5 Approved refunds will be issued to the original payment method and may take several business days to appear, depending on your bank.
5. DEPOSITS
5.1 Weddings: A $500 deposit is required 3 months prior to the event date. The remaining balance is payable within 14 days of invoice.
5.2 All other functions: A $500 deposit is required when booking to secure the date. The date will not be secure until the deposit is paid. The remaining balance is payable within 7 days of invoice.
5.3 For large catering or food orders, We may require a deposit at Our discretion to confirm the booking.
6. CANCELLATIONS & REFUNDS
6.1 Catering Orders (no deposit requested)
- Cancellation within 72 hours of delivery – 100% of the order value is payable.
- Cancellation more than 72 hours prior for orders over $1,000 – the Customer must pay all costs already incurred (including meetings, preparation, food purchasing, staff and hire items).
6.2 Functions or Orders Where a Deposit Was Required
- Cancellation 14 days or less before the event: The deposit is non-refundable and the Customer is responsible for all costs incurred beyond the deposit (including tastings, preparation, hireage, and staffing).
All cancellations must be submitted in writing by email.
7. MENU & FOOD SAFETY
7.1 Menus are subject to change based on seasonal availability and supplier supply.
7.2 We will accommodate dietary requirements where reasonably possible if advised at least 24 hours prior to delivery.
7.3 For food safety reasons, food should be consumed within 90 minutes of delivery unless storage instructions provided by Us are followed.
8. DEFAULT
You are in default if You:
- fail to pay any amount due;
- breach these Terms;
- become insolvent, bankrupt, or enter liquidation or receivership;
- place Our property at risk; or
- experience a material change affecting Your ability to meet obligations. If default occurs, We may:
- charge interest on overdue amounts at 10% per annum;
- require immediate payment of all outstanding sums;
- suspend or cancel bookings;
- exercise any rights available under law.
9. LIMITATION OF LIABILITY
9.1 Except where required by New Zealand law, AND GROUP is not liable for any indirect, consequential, or financial loss (including lost profit or business interruption).
9.2 Where liability cannot be excluded, Our total liability is limited to the price paid for the relevant Goods or services.
10. NOTICES
10.1 Notices may be given in person, by phone, post, or email.
10.2 Written notices to AND GROUP must be sent to: [email protected] or delivered to 10 The Octagon, Dunedin.
11. COSTS
The Customer must pay all costs (including legal and collection costs) incurred by Us in enforcing Our rights under these Terms.
12. JURISDICTION
These Terms are governed by the laws of New Zealand, and any disputes shall be heard in New Zealand courts.
13. FORCE MAJEURE
We are not liable for delays or failure to perform obligations caused by events beyond Our reasonable control, including supplier failure, weather events, natural disasters, transport disruption, or government restrictions.
14. GENERAL
14.1 These Terms form the entire agreement between the parties.
14.2 You may not assign Your rights or obligations without Our written consent.
14.3 No delay or failure by Us to enforce any provision constitutes a waiver.
14.4 We may update these Terms at any time. Updated Terms apply from the date We notify You or publish them.
