Online Shopping, Website and App Terms and Conditions

Introduction

Parts of these Terms

Your access to, and use of, this Site, including your order of Products through the Site, is subject to these terms and conditions (“Terms”) and Countdown’s Privacy Policy. These Terms are split into three parts (Introduction, Specific and General) and apply to the following Countdown websites and mobile applications (together, our “Site”):

Onecard

Please note that separate terms and conditions apply to the Onecard loyalty programme. Those terms and conditions can be found here.

Commercial Orders

This Site is designed to enable our Customers to easily purchase our Products for normal household or workplace office consumption. Unless otherwise agreed, you may not purchase Products through our Site for the purpose of resale. If we reasonably suspect that you are doing so, we may terminate your access to the Site, or we may refuse to fulfil any Order you place through our Site.

Large Orders

For orders in excess of reasonable household or workplace office quantities (whether in respect of any one Product or the total size of the Order), we reserve the right to notify you of the increased Fulfilment Fee that we propose to charge, to reflect the actual cost of delivery, which would need to be agreed by you prior to delivery. Alternatively, we may direct you to Pick up from the relevant store at a time suitable to you and the store. Whether any Order exceeds a reasonable household or workplace office quantity or not will be determined by us in our absolute discretion.

Acceptance of these Terms by using our Site

By using this Site you acknowledge that you have read, understood and accepted these Terms and the Privacy Policy, and agree to be bound by them.

From time to time we may update or revise these Terms. If we update these Terms, we will provide at least two weeks’ prior notice of the change by publishing our updated Terms on the Site. We may also take additional steps to bring the changes to your attention, including by notifying you directly. Your continued use of the Site after the Terms have been changed, indicates your acceptance of those changes. From time to time we may also update or revise our Privacy Policy in the same way, as set out in the Privacy Policy link above.

Specific Terms and Conditions

1. Price

1.1 Estimated price and actual price

The Order total shown in your “trolley” before you place your Order on the Countdown Online Shopping Site is an estimated total only. Your order confirmation email that we send you will also note your total estimated order value. You must pay us for the Products ordered at the price displayed as the total estimate order value at the time the Order is submitted, unless we notify you, at any time, that an error has been made in the price displayed. Subject to any error made in the display of prices, no adjustments are made if the price of any Product ordered increases or decreases between the time the Order is submitted and the time when that Product is picked and invoice is issued, except where:

  1. certain items such as fruit and vegetables or pre-packed weighed items like meat, poultry and cheese do not come in consistent weights. In this case the actual price you will pay is the price charged in store when your Order is picked, using the per 100g/kg price that applied when the Order was submitted i.e in cases where the actual price of your Order is more or less than the original estimate value, we will charge you the actual price for those Products;
  2. some Products in your Order may not be available at the time of picking and therefore may need to be substituted. If you have allowed substitutes, we will try to replace the unavailable product with a similar product of equal or higher value, but we will only charge you at the price of the originally requested Product. Only as a last resort, will we substitute with a lower value product. In this case, we will charge you for the lower value Product;
  3. if you have not agreed to allow for substitutions, the final value of your Order may reduce from the estimated order value, as a result of us removing Products from your Order that are not available;
  4. we may provide you the option to make special requests for Products. If you have ordered any “specially requested items” that you otherwise have not or cannot add to your trolley as part of your shop, the final value of your Order may increase where we are able to supply you those Products, as the price for any “specially requested items” are only added to your Order total once we confirm they are available and have been picked for you.
  5. In these cases, any adjustments made to the total value of your Order will be communicated on the invoice which will be provided to you in hard copy with your Order when they are collected or delivered to you.

In these cases, any adjustments made to the total value of your Order will be communicated on the invoice which will be provided to you in hard copy with your Order when they are collected or delivered to you.

1.2 Fulfilment Fee for Delivery or Pick Up

In addition to the price of Products ordered, you must pay Countdown a Fulfilment Fee for picking, packing and the delivery of your Order. The fee will be identified and included in the total price at the point of checkout. We may change this fee at any time. The following additional terms apply to the Fulfilment Fee:

  1. the Fulfilment Fee may vary depending on your location, as different rates apply for rural or provincial orders; you can check this in our FAQ’s section here;
  2. if we choose to adjust the Fulfilment Fee, you will be contacted prior to the Order being ready for Pick up or delivery, to confirm acceptance of the revised fee. Deliveries of such Orders will not be made unless and until this confirmation is obtained;
  3. no member of the Countdown Group shall be liable to you for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery; and
  4. the amount paid for any tobacco and Gift Card purchases, as well as any Fulfilment Fee, is not included in the discountable spend amount for the purposes of calculating any coupon or delivery fee discount.

1.3 Bag Charge

A Bag Charge of $1 per Order will be added, at the point of checkout, to all delivery Orders, including delivery Orders under an Online Saver. For Pick up Orders you have a choice of your Order being packed into Countdown Bags, or your own bags (BYO Bags).  If you select Countdown Bags for your Pick up Order, a Bag Charge will be added at the point of checkout. At the date of these Terms, the Bag Charge is $1. No Bag Charge will be added if you select BYO Bags for the Pick up Order. The Bag Charge is a flat charge covering as many bags as needed to pack your Order. 

1.4 Variation of Order and price

If you request a variation to the Order under clause 7.1 which Countdown accepts, then the price payable for the Order will be adjusted to reflect the variation and recorded on the invoice.

1.5 Trading hours

An Order submitted by you before 1:00 pm on Anzac Day or at any time on Good Friday, Easter Sunday or Christmas Day will not be accepted by us immediately at checkout but shall be deemed to have been accepted by us at 1:05pm on Anzac Day or 12:05 am on the day following Good Friday, Easter Sunday or Christmas Day (as the case may be).

1.7 GST

Unless otherwise specified, the prices of Products are displayed in New Zealand currency and are inclusive of GST and any other sales tax.

2. Product Availability, range, specials and quality

2.1 Product availability

We will do what we reasonably can to fulfil Orders placed on the Site, but no member of the Countdown Group shall be liable to any person if we are unable to, or decline, to supply a Product for any reason whatsoever.

2.2 Limit on quantities

We reserve the right to limit quantities able to be ordered by you, or delivered to you. If your Order is reduced in accordance with this clause, the price payable by you for that Order will be adjusted accordingly. In addition to our rights under clause C of the Introduction (Commercial Orders), we may delay dispatch of Orders that exceed reasonable household or workplace office quantities due to stock availability.

2.3 Product range

We reserve the right to limit the range of Products available to certain areas.

2.4 Specials and Promotions

Products on special or promotion are subject to availability while stocks last.

2.5 Product substitution

If we are unable or decline to supply a Product ordered by you, we may, except if you otherwise direct by de-selecting the "Allow Substitutions" box at the online checkout, substitute a similar Product of equal or lower value (see clause 1.1(b) above for further details). We reserve the right to refuse to substitute any particular Product for any reason.

2.6 Product quality

If a Product was delivered to you in a damaged or spoiled condition (we may request photographic evidence of this), we will, at your request, refund the value of the relevant Product to you (as at the date on which the Product was originally ordered) and provide a further refund to enable you to replace the product on your next shop. You must contact us within 48 hours of delivery of the Product in order to make a claim under this clause.

2.7 Product labelling information

All Products are sold in compliance with the labelling provisions of the Australia New Zealand Food Code. If the Product delivered contains labelling information that does not meet with your requirements (e.g. ingredients, allergens, nutritional information etc.), you may return to your nearest Countdown Supermarket for a refund, or replacement Product to an equivalent value, upon presentation of the Product and accompanying online shopping invoice.

3. Payment

3.1 Method of payment

You must pay us for the Products purchased by direct debit or by credit card. Countdown Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.

3.2 Payment by direct debit

If you choose to pay by direct debit, you must complete and return a direct debit instruction form, available initially at the point of registration, or at any time thereafter by contacting the Customer Care Centre (0800-40-40-40). In addition to the direct debit instruction form, you will also need to provide us with proof of identity information, including:

  • proof of residential address (latest 2 x utility or rates bills); and
  • proof of bank account (your bank deposit slip); and
  • proof of identification (copy of your current valid Passport or Driver Licence); and
  • you must have been a shopper with us for a minimum of 3-months (in store or online) and have a linked Onecard.

The direct debit instruction form and proof of identity information can be scanned and emailed to ecomadmin@countdown.co.nz.

Following receipt of a valid direct debit instruction form, we will process payment for all future Orders placed by you in accordance with that instruction form, unless otherwise instructed by you. You will need to notify the Customer Care Centre (0800-40-40-40) immediately if there is any change to the bank account number which you wish to use to pay by direct debit.

3.3 Payment by credit card

If your credit card payment is declined by your financial institution, delivery of the relevant Order will not be made, and we will contact you to make alternative payment arrangements. We reserve the right to refuse to accept payment from you by credit card for any reason.

3.4 Adjustments

If you are invoiced and pay an amount that is higher than the final amount of your Order, we shall make the necessary adjustment to the invoice and refund any amount that may be due to you.

3.5 Debt collection

If you default in payment for any Order, you are liable for all costs associated with debt collection.

3.6 Change to payment policy

We may change at any time the way in which you need to pay for Products, and any change will be notified to you prior to the change coming into effect.

4. Delivery

4.1 Delivery areas

If a delivery suburb is listed in the registration area on the Site, this does not imply that we will deliver to all addresses within that suburb.

4.2 Right to withhold delivery

We reserve the right to withhold the delivery of any Products to you for any reason. You will not be charged for Products that have been withheld until those Products are either picked up by you (if Countdown permits) or alternative delivery arrangements are made.

4.3 Delivery and liability

Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at your request, or at the request of any other person accepting delivery of the Products on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, no member of the Countdown Group shall be liable for any direct or indirect damage or loss suffered by you or any third party in doing so. We shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on your behalf.

4.4 Accessibility and safety

You must ensure that the Delivery Point is easily accessible to our couriers, and that it is safe for those couriers to enter your premises in order to complete the delivery. Any animals on your premises should be under control or restrained to ensure the safety of our couriers. If, in the courier's reasonable opinion, the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and you will be contacted to make alternative arrangements. Countdown reserves the right to charge you an additional Fulfilment Fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to us are not reached, you will be deemed to have cancelled the Order, and may incur a $20 cancellation fee.

4.5 Change of address

You agree to notify the Customer Care Centre (0800-40-40-40) immediately of a change to your delivery address.

4.6 Delays to delivery

We will do what we reasonably can to deliver your Order within the timeslot selected by you. If it is not possible for us to deliver your Order within the timeslot you have selected, we will try to contact you using the contact information you provided to us during registration (or subsequently updated by you). Notwithstanding any other term, no member of the Countdown Group shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond our control or otherwise. If we consider that the delivery of your Order is likely to be substantially delayed, we may, but shall not be obliged to, contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may cancel the Order, without incurring any fee for doing so.

4.7 Delivery deemed to have taken place

Subject to clause 9 (Restricted Products), if no person is present at the Delivery Point at the time of delivery, or if you or any other person fail or refuse to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time. If you do not think you have received your full Order, you need to advise us within 48 hours of delivery, otherwise you will be deemed to have accepted the Order.

4.8 Incorrectly delivered Products

If any Product delivered does not correspond with a Product ordered, you may as an option:

  1. keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from you for the Order containing the incorrect Product; or
  2. reject the incorrectly-delivered Product, in which case we will, at your request, either refund the value of the Product that was originally ordered (as invoiced) or replace that Product with the Product that was originally ordered.

If you choose to reject an incorrectly-delivered Product in accordance with sub-clause b), we reserve the right to collect the incorrectly-delivered Product from you. If you are unable, or refuse, to deliver up the Product when requested, we reserve the right to charge you for that Product. If you want to reject the incorrectly-delivered Product, you must exercise the options set out in b) above within 48 hours from the date of delivery, otherwise you will be deemed to have accepted the Order.

4.9 Undelivered Products

If you have been charged for a Product that has not been delivered, you may cancel the Order of such Product (or if the Product is out of stock we may cancel the Order for that Product) (in each case without incurring any cancellation fee), and we will refund the value of the relevant Product (as set out in the invoice). Alternatively, if the Product is in stock, we will, at your request, re-deliver that Product to the original address at no extra charge to you. The re-delivery time will depend on the available capacity of our trucks for that day. This clause does not apply to Products that have been substituted in accordance with clause 2.5 (Product Substitution).

4.10 Exclusions

For the purposes of calculating your overall spend to identify what your Fulfilment Fees are, any amount spent on tobacco, stamps or gift card products within your Order will be excluded, together with the Bag Charge (if applicable).

5. Countdown Online Delivery Saver

5.1 Purchase of Countdown Online Delivery Saver (“Online Saver")

  1. The Online Saver is only available for use in full service areas and certain provincial and rural locations (excluding Great Barrier and Chatham Islands). You can check if you are in an area eligible for the Online Saver by adding your delivery address and selecting a delivery time slot on the Countdown Online Shopping Site.
  2. You must have a Countdown Online Shopping account to sign up for and use an Online Saver. Your contract for your Online Saver will begin once you receive email confirmation of your Online Saver and payment of the Order has been finalised.

5.2 Online Saver fee and cancellation

  1. The Online Saver fee will be the fee displayed on the Site at the time you purchase your Online Saver. This fee is non-refundable except as expressly set out below.
  2. You have the right to change your mind and cancel your Online Saver within 7 days (counted from the day after the acceptance of your Online Saver is confirmed) provided you have not used your Online Saver in that time other than for the first delivery or pick up (if any) used with your initial purchase and use of the Delivery Saver. This is known as the ‘cooling off period’. If you do decide to cancel you must do so by calling us on 0800 40 40 40, and we will issue you with a full refund for the cost of the Online Saver, less the cost of the first delivery or pick up (if any) used with your initial purchase of the Online Saver.
  3. If you have purchased an Online Saver using a coupon code (giving money off your Order on the condition that you simultaneously purchase an Online Saver) and you subsequently cancel your Online Saver, we will issue you with a refund equal to the cost of the Online Saver less the value of the coupon code redeemed. The same cooling off period and non-usage restriction set out in clause 5.2(b) applies to this clause.
  4. You are not entitled to cancel your Online Saver once this cooling-off period has expired.
  5. Countdown reserves the right to change the Online Saver fee from time to time.

5.3 Benefits of Online Savers

  1. For payment of an upfront fee, provided you spend a minimum of $80 on your shop from Countdown Online Shopping, an Online Saver entitles you to receive delivery (7 days a week) from us for the length of the term shown on the Online Saver, without paying any additional Fulfilment Fees. For the purposes of calculating the $80 minimum spend on your shop from Countdown Online, purchases of the items set out in clause 4.10 (Exclusions) are not included.
  2. The period of use for an Online Saver begins on the day we confirm your Online Saver has been activated, and expires either 3 or 6 months (as shown on the Online Saver) from date of activation.
  3. Orders placed before the Online Saver is valid will be subject to our Fulfilment Fees applicable at that time.
  4. Your Online Saver does not guarantee a delivery slot; it means that if a delivery slot is available, there will be no additional delivery charge for that slot.
  5. In the case of Online Savers, delivery may be made to any of your addresses specified by you in the "My Addresses" section of your account on the Countdown Online Shopping Website, as long as they are in a full service area. You must notify us if you change address so that we can ensure that deliveries are made to the correct address.
  6. We reserve the right to change or withdraw your Online Saver at any time. We will contact you by email giving you 28 days notice of any change or withdrawal. Where your Online Saver is withdrawn, we will provide you with a pro rata refund of the value of your Online Saver. If you feel that a change of your Online Saver is to your disadvantage and wish to terminate your Online Saver, then please contact our call centre on 0800 40 40 40 and we will provide you with a pro rata refund of the value of your Online Saver. Otherwise, your continued use after we notify you shall constitute your acceptance of these changes and you acknowledge that your right to these benefits will cease at the end of the notice period. We will not be liable for any losses resulting from any changes to, or termination, or withdrawal of, any Online Saver benefits.
  7. In the case of Online Savers, the use of the Online Saver is limited to orders of reasonable household or workplace quantities and subject to the Fair Use Policy below.

5.4 Fair Use Policy applying to Online Saver

The Online Saver may only be used by the named account holder and is not transferable. The Online Saver may be used for unlimited deliveries for the specified time period, for reasonable household or workplace quantities. It should not be used improperly. For example, using the Online Saver for multiple deliveries to one address on a single day would be considered improper use.

5.5 Termination of Online Saver

We reserve the right to monitor usage of the Online Saver service and to terminate such Online Saver (upon notice) if we believe, in our sole discretion, that:

  1. the Online Saver is being used in breach of the Fair Use Policy;
  2. if you are in breach of these Terms;
  3. an Online Saver member has engaged in conduct that involves fraud or misuse of an Online Saver or is harmful to our interests.

In the case of such termination by us, we will provide you with a pro rata refund of the value of your Online Saver.

6. Countdown Pickup Service

6.1 Pick up store

Pick up is available from all Countdown stores. During the ordering process, you need to select a store from which you will collect the Order. The confirmed collection date will be displayed at the time your Order is placed.

6.2 Bags

For Pick up Orders, where you choose “BYO Bags”, then:

  1. you will be responsible, rather than Countdown, for packing your Order into your BYO Bags once the trolley(s) of your Products has been provided to you in-store;
  2. you will only use robust, clean and hygienic BYO Bags to pack your Products into;
  3. because we are required by law (e.g the Food Act and associated regulations) to ensure the food we sell is not contaminated by its packaging, if you ask us to pack your Order into your BYO Bags, you will allow us to inspect the BYO Bags to ensure that they comply with (ii) above and if in our opinion any of the BYO Bags do not comply, then we will not pack Products into that BYO Bag; and
  4. you will be responsible for any damage or contamination to Products packed into the BYO Bag resulting from the BYO Bag not complying with sub-clause (ii) above. 

 6.3 Pick up Notification

If you use our App, we are able to notify you when your Pick up Order is ready for collection either through SMS or push notifications, allowing you to check in your arrival to collect your Products. The App is not intended to be used while driving. You must comply with the road rules and not use the App or your mobile device in any manner contrary to the road rules. The road rules provide that it is an offence for a driver to use a mobile phone that the driver is holding in his or her hand.

6.4 Collecting your own Order

You agree to comply with the collection requirements specified in this clause and such other requirements that we notify to you when you place your Pick up Order through the Site:

  1. you must collect your Order from the store and during the time slot selected by you when you place your Order;
  2. photographic identification and a signature must be provided when you collect your Order; and
  3. the card used for payment is required to be shown when you collect your Order.

6.5 Another person collecting your Order

If you will not be the person collecting your Order, then your representative must provide us with proof of their identity (including photographic identification) and, where relevant, age. Acceptable forms of identification are:

  1. 18+ HANZ Card;
  2. New Zealand Driver’s Licence; or
  3. Current passport

6.6 Lack of appropriate identification

If you, or the person collecting your Order, do not supply the appropriate identification or the relevant card of purchase, we may not allow collection of your Order. Refer to clause 9 (Restricted Products) below.

6.7 Countdown Delay

We will do what we reasonably can to make your Order available for pick-up within the timeslot selected by you. If it is not possible for us to make your Order available for pick-up within that timeslot, we will try to contact you using the contact information you provided to us during registration (or subsequently updated by you). Notwithstanding any other term, no member of the Countdown Group shall be liable for failure to make your Order available for pick-up on a timely basis, whether the delay has been due to causes beyond the control of Countdown or otherwise. If Countdown considers that the picking and packing of your Order is likely to be substantially delayed, Countdown may, but shall not be obliged to, contact you to arrange an alternative pick-up timeframe. If that timeframe is unacceptable to you, you may cancel the Order, without incurring any fee for doing so.

6.8 Late Customer Pick ups

We understand that, for reasons outside of your control, you may not be able to pick up your Products on time. Any orders that have not been picked up will be removed and may be stored separately by us for a limited time. If you know you are going to be late to pick up your Products, please call the Customer Care Centre (0800-40-40-40).

6.9 Record of identification

You acknowledge that we may record the details of any identification provided in relation to collection of Products. Our Privacy Policy would apply to the recording of such details.

7. Variation/Cancellation of Order

7.1 Variation/Cancellation of Order

  1. You may vary or cancel an Order up to the point in time that we have commenced packing the Order by contacting the Customer Care Centre (0800-40-40-40).
  2. If you wish to cancel an Order after the Order has been packed, you will incur a $20 cancellation fee.
  3. If you wish to cancel an Order that the Site defines as “rural” or “provincial” (depending on your location and the Products in your Order) after the Order has been picked up by the courier, you will incur a $20 cancellation fee, additional fees associated to the cost of the courier delivery tickets used for the Order, and any subsequent costs associated for returning the Order to the store by the courier.
  4. If you wish to cancel an Order that the Site defines as a “metropolitan” Order (depending on your location and the Products in your Order) after the Order has been picked up by the courier, you will incur a $20 cancellation fee, and any subsequent costs and losses associated with returning the Order to the store by the courier.
  5. We may, at our absolute discretion, suspend or terminate your ability to purchase Products through our Site for any reason whatsoever.
  6. We may cancel any part of an Order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
    1. the Products in that Order are not available; or
    2. there is an error in the price or the Product description posted on the Site for the Product in that Order; or
    3. we reasonably believe your Order has been placed in breach of these Terms.
  7. In the event of a cancellation by us, we will make reasonable efforts to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order.
  8. Where an Order is cancelled by us, we will make reasonable efforts to notify you of the cancellation. You will receive a refund of the value of the Order.
  9. No costs are payable to register to use Countdown Online Shopping, but you are responsible for any costs incurred in using Countdown Online Shopping, including any charges imposed by their internet service provider.

8. Property/Risk

8.1 Products

Products ordered through Countdown Online are at our risk until delivered to you to the Delivery Point, or collected from a store under the Pick up service. Once delivered or collected from a store, ownership and risk in the Products passes from us to you.

8.2 Login

You agree to keep your Login details safe and confidential at all times. You are liable for every Order made under your Login.

9. Restricted Products

9.1 Restricted Products

You agree to ensure that the person collecting (if a Pick up Order) or accepting delivery (if a delivery Order) of any tobacco, alcohol or other relevant Restricted Products is over the age of 18 years or such other minimum age as prescribed by law. We will not allow collection or receipt of an Order of:

  1. alcohol Products to a person who is intoxicated or not of the appropriate legal age; and
  2. tobacco Products (including cigarettes) or other Restricted Products to a person that is not of the appropriate legal age.

9.2 Tobacco or Alcohol

If your Order includes any tobacco or alcohol Product, you warrant that you are over the age of 18 years and legally entitled to purchase any such Product.

9.3 Restrictions on use of login to purchase tobacco or alcohol products

You agree to ensure that no person or persons shall use your Login to purchase any tobacco or alcohol Product if that person or those persons cannot truthfully give the warranty in clause 9.2 (Tobacco or Alcohol) as if they were the "Customer" for the purposes of those clauses.

9.4 Right to seek verification

If you submit an Order containing tobacco or alcohol Products, we may contact you to verify your age. If we are not satisfied as to the ability of you to truthfully give the warranty in clause 9.2 (Tobacco or Alcohol), we reserve the right to cancel the Order.

9.5 Acceptance of orders containing tobacco or alcohol

You shall ensure that a person over the age of 18 years, and, in the case of orders containing alcohol, not intoxicated, collects your Pick up Order, or is available to accept delivery of any Order containing tobacco or alcohol. Our stores may request the person collecting your Order, or our couriers may request the person accepting delivery of the Products, to produce satisfactory evidence of their age. If such evidence is not produced, the store may refuse for the tobacco or alcohol Product to be collected, or the courier may refuse to deliver the tobacco or alcohol Product ordered. We reserve the right to charge you an additional Fulfilment Fee to re-deliver such Products. If you do not wish for any such Product to be re-delivered:

  1. we will refund the value of that Product (as at the date on which the Product was ordered); and
  2. where the Order consisted solely of tobacco and/or alcohol Products, we reserve the right to charge you a $20 cancellation fee for the cancelled Order.

9.6 No one present

Notwithstanding clause 4.7 (Delivery deemed to have taken place), a courier may refuse to complete a delivery if no person is present at the Delivery Point to accept a delivery containing tobacco or alcohol, or if the courier has reasonable grounds to believe that the delivery would have the effect of supplying tobacco or alcohol to persons under 18 years of age. The non completion of a delivery in accordance with this clause will be at the sole discretion of the courier and/or Countdown. We reserve the right to charge you an additional Fulfilment Fee to re-deliver such Products. If you do not wish for any such Product to be re-delivered, we will refund the value of that Product (as at the date on which the Product was invoiced).

10. Countdown App

10.1 Privacy

Using the App involves you providing certain personal information to us i.e. any shopping list you create on the App when you have logged in with your Onecard; and your mobile device’s location if you have location services always enabled, as set out in clause 10.2 below. Please also refer to our Privacy Policy.

10.2 Device Location Information

We will only collect your device's location information if you always allow for the location services function to be enabled on your device. Device location information will be used for the purpose of providing you with services associated with the App, such as for Pick up to let us know when you are close to the store, so we can have your Order ready to collect. We set out below how you can stop sharing your device location information with us at any time, together with how that may impact certain functions of the App:

Apple devices

  • Go to "Settings", then tap on "Privacy", followed by "Location Services".
  • You can then turn on or off location services for the App.
  • You can use the App without location services enabled, but you will not be able to check in for your Pick up Order if you have it disabled.

Android devices

  • Open the menu in the App on "Settings".
  • Update the checkbox labelled "Use my location" under the Notifications heading.
  • Without location services enabled, you will be unable to view your Pick up Orders at all.

10.3 Products and Pricing on the App

When accessing this App, we need you to be aware of the following product and service specific information:

  1. Prices shown with a saving or discount already include the saving or discount and are based on the non-promotional price (which excludes multibuy offers and Onecard Club Prices) that may vary between stores. Onecard Club Prices only apply when you use your Onecard. Onecard terms and conditions apply. Certain products (such as specific liquor, deli and bakery items) are not available in all stores. Some images are styled and are serving suggestions only, props not included. Offers available while stocks last.
  2. All pricing displayed on the App is valid for the period indicated in the Weekly Mailer section of the App and may differ depending on the location you have selected (for example, the price for a Product in the North Island may differ to the price for that same Product in the South Island).
  3. Just like in our stores, prices for Products on our Site change from time to time and we do not provide any notice of these changes.

11. Countdown Christmas Club

11.1 Registration

You must register for Christmas Club account membership with:

  1. a valid email address;
  2. New Zealand residential address; and
  3. your registered Onecard number.

You can only have one valid account per person at any time, and multiple accounts cannot be registered with the same email address.

 11.2 5% Bonus

  1. The Christmas Club period (“period”) runs from 1 December to the following 30 November. 
  2. On 1 December each year, Countdown will add a 5% bonus to the amount topped up and saved in your Christmas Club account, during that immediately preceding period.  The bonus is calculated based on the total top ups made in your account during that period, which are still in your account balance at midnight on 30 November.  For example, on 1 December this year, a 5% bonus will be added to top ups made between 1 December last year and 30 November this year.
  3. Amounts not eligible for the 5% bonus will include:
    1. amounts redeemed before midnight, 30 November;
    2. any existing balances carried over from previous periods (i.e periods prior to the immediately preceding period), and
    3. amounts that have not been added to your account by the cut off of midnight, 30 November.
  4. The bonus amount is added directly to your Christmas Club account on 1 December, and can only be redeemed during the months of December and January. On 1 February, any unredeemed bonus will be locked until the following December and January. During the months of December and January, when you spend your Christmas Club funds in-store, the bonus amounts will be redeemed first, followed by top ups in the order they were added to your account. Outside of these months, no bonus amounts can be redeemed and your top ups will be redeemed in the order they were made to your account.

11.3 Top ups & Account balance

  1. Top ups made to your Christmas Club account through online banking will take from 2 to 4 business days to be added to your Christmas Club account balance.
  2. The maximum balance your account can hold is $4,999, including any bonus applied. Any top ups made that will result in the maximum balance being exceeded, will not be accepted into your Christmas Club account and will be credited back to your bank account. In practice, this means that the maximum top ups you can make in each period is $4,760, as once the 5% bonus is applied on 1 December, this would approximately reach the maximum balance.
  3. The maximum amount you can load to your Christmas Club account in any given 12 month period is $9,999. Any top ups made that will exceed this amount will be credited back to your bank account.
  4. You must reference the correct account number when topping up your Christmas Club account through online banking. Instructions on this can be found at countdown.co.nz/christmasclub. Online payments made to Countdown Christmas Club are your responsibility; we are not liable for payments made with the wrong reference details.
  5. Once funds are added to your Christmas Club account, they are non-refundable.
  6. Christmas Club funds are all credited to a Countdown Christmas Club account at ANZ bank.  Both Countdown and the service provider that Countdown has engaged to administer the Christmas Club programme (Tranxactor New Zealand Limited), have visibility of deposits and Christmas Club account balances, in order to administer the Christmas Club programme.  Please refer to the Privacy section below for further information relating to your personal information that may be held as a result of your Christmas Club registration.

 11.4 Redemption

  1. Christmas Club funds can be used to purchase goods in-store at Countdown only and cannot be exchanged for cash.
  2. Christmas Club funds (including any Christmas Club vouchers still in existence) cannot be used to purchase goods through Countdown online shopping.
  3. You can redeem funds you have added to your account in-store at any time throughout the year; however, bonus amounts earned are only redeemable during the months of December and January.

 11.5 Security

  1. The PIN printed on the back of your Christmas Club card can be changed by you during or after your card is registered.  For security purposes, it is the responsibility of the account holder to select a personalized PIN.
  2. If your Christmas Club card is lost or stolen, please report it immediately to 0800 40 40 40. The account can be put on hold and any future activity blocked; however, any funds used before the account is put on hold will be the Christmas Club account holders’ responsibility.

 11.6 Privacy

  1. Registering and participating in the Christmas Club programme involves you providing certain personal information to us which is covered by our Privacy Policy.
  2. As set out in our Privacy Policy, we may contract certain specialist service providers to assist with administering our programmes.  In the case of our Christmas Club programme, we have contracted Tranxactor New Zealand Limited to administer it. They are required by our contract with them to adhere to our strict confidentiality requirements and to the requirements of our Privacy Policy and the Privacy Act.

 11.7 Christmas Club card

Your Christmas Club card is issued and managed by General Distributors Limited, a subsidiary of Countdown, and all obligations owed to you under these terms and conditions in respect of your Christmas Club card are owed by General Distributors Limited.

General Terms and Conditions

  1. Application of these General Terms: The General Terms, together with the Introduction and Specific Terms, apply to use of this Site. If there is any inconsistency between the parts of these Terms, then they should be read in the following descending order of priority:
    1. Specific Terms
    2. General Terms; and
    3. Introduction.
  2. Countdown discretion to accept registration: We have the discretion to refuse the registration of a potential Customer to our Site for any reason whatsoever.
  3. Site content: While we have endeavoured to ensure that the information we have provided on the Site is free from error, it is provided "as is" and "as available" and without warranties of any kind either express or implied. We do not warrant the accuracy, currency or completeness of the information on the Site or that the Site is error free or suitable for your intended use. We do not warrant that the Site or the server that makes it available are free of viruses or other harmful components and we shall not be responsible or liable for any error in, or omission from, the information we have provided on the Site except as required by law. We reserve the right to make changes to the information provided on the Site at any time and without notice.
  4. Onecard: Onecard points or AA Smartfuel discounts can be earned when shopping through Countdown Online Shopping only when your registered Onecard number is added to your online shopping account. You can also view your Onecard points balance and/or your AA Smartfuel discounts, if you Login on either the Online Shopping Site or the App. Onecard Club Prices apply when you purchase selected items through Countdown Online Shopping and have entered your Onecard number to your account. If you wish to become a member of our Onecard programme or use a Onecard, conditions apply in addition to these Terms. Those Onecard terms and conditions may be viewed here and the AA Smartfuel Terms and Conditions may be viewed here.
  5. Onecard Visa: If you choose to apply for and/or use a Onecard Visa, separate terms and conditions will apply between you and Latitude Financial Services Limited ("Latitude"). Those terms and conditions may be viewed at Latitude’s website here. The final stages of the Onecard Visa application and the "Onecard Visa Online Service Centre" are maintained and hosted by or on behalf Latitude and are subject to the terms and conditions applicable to that website. Latitude is the issuer and credit provider for Onecard Visa. A ‘pop-up’ notification will inform you when you are routed to the Latitude website to complete the Onecard Visa application.
  6. Use of the Site: You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You may download the information on the Site for your own personal use but otherwise neither the Site, nor any material on it, may be scraped, copied, altered, modified, reproduced, transmitted or distributed without our prior written consent. Your use of the Site will not create, nor will you represent to have, any interests or rights in our intellectual property. You agree that you will not interfere with any other party's use and enjoyment of the Site, or damage the operation of the Site, or our systems or those of other persons who use the Site, whether by way of a virus, corrupted file, any other software or program, or otherwise. We reserve the right to suspend your use of the Site where we consider that you may have breached these Terms or the law.
  7. Links to and from other websites: Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by us. We do not monitor the content of any other websites and are not liable or responsible in relation to any content on them. For the purposes of this section a "third party website" is any website (including the Onecard Visa application pages and "Onecard Visa Online Service Centre" function) hosted by or on behalf of Latitude.
  8. Hyperlink: You agree that you will not create a hyperlink to this Site without our express written permission. If you do create a hyperlink to this Site, you are responsible for all losses that we may suffer as a result of that link, whether direct or indirect. Linking to this Site is at your own risk. You may not frame any part of the Site content by including advertising or other revenue generating material.
  9. Security of information: We will use our reasonable endeavours to prevent any unauthorised entry into our Sites. However, no member of the Countdown Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into our Sites.
    Why are our Sites (including Countdown Online Shopping) safe?
    1. Safe technology systems - we use an internationally recognised encryption protocol to encrypt all personal data that you type into our Site before it travels across the internet. Once we receive your data, it is stored on a secure server behind Countdown's firewalls, so that your personal details are not accessible from the internet by any third party.
    2. Safe payment systems - Countdown uses "Payment Express" to securely authorise credit card payments before any charges are made. For further information regarding "Payment Express" and how it encrypts and processes transactions, please visit www.paymentexpress.com.
    3. Alternate methods of payment - If you do not wish to use your credit card to pay for orders you place at Countdown Online Shopping, you have the option to set up payment by direct debit. The option of using your credit card will remain available to you.
  10. Website analysis tools: We use the services and/or software of the companies listed below to improve the Site and analyse its effectiveness. In order for some of this to occur a small piece of code is placed on each page which counts statistics, such as the number of visitors per day, or the number of pages requested per day. This non-personal information gained is aggregated by these companies and enables us to measure activity within our Sites which in turn is used to continually improve our Sites and our service to our customers. Countdown does not warrant the accuracy or correctness of this data. For further information on our Cookie Statement, please click here.
    1. Nielsen is viewed as a leader in the Internet industry for its interactive measurement technologies and market research and its technologies are viewed as being robust and standard. For further information about Nielsen//NetRatings click here.
    2. Google is viewed as a leader in the Internet industry for its interactive measurement technologies and market research and its technologies are viewed as being robust and standard. For further information about Google click here.
    3. VWO is viewed as a leader in the Internet industry for A/B testing and heat mapping and its technologies are viewed as being robust and standard. For further information about VWO click here.
    4. Lotame is viewed as one of the leading data management platform providers, used for segmenting customers into audiences for promotional purposes. For further information about Lotame click here.
  11. Intellectual property rights: We grant you a non-exclusive, non-transferable, revocable right to access and use our Site solely for your personal use and on a device that you own and/or control, all on the terms and conditions set out in these Terms. All right, title and interest in all intellectual property rights in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and shall at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible on the Site, and is protected by New Zealand and international law. Such intellectual property rights would be owned by us even if you provide certain ideas or concepts to us for the Site or our Services, which we have then developed or adopted. In such a case you agree to assign any of your intellectual property rights in those elements to us. Nothing in these Terms shall constitute a licence of intellectual property rights to you. 
  12. Exclusion of liability and indemnity: To the fullest extent permitted by law, we shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Site. All representations, terms, warranties, guarantees or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded to the fullest extent permitted by law. Such exclusions apply to Countdown, its related companies, and directors, officers, employees or agents of Countdown or its related companies, as the context requires. You agree to indemnify us against all liabilities, losses, (including consequential and indirect losses) claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of your use of the Site, or any breach of these Terms.
  13. Warranties: We make no representation or warranty of any kind, express or implied, as to the operation of the Site or the accuracy of information, content, materials or products included on the Site, except as otherwise provided under applicable New Zealand law, including any provisions in the Consumer Guarantees Act 1993 ("CGA") and Fair Trading Act 1986 (“FTA”).
  14. Liability and Indemnity: The provisions contained in this clause 14 are subject to clause 13 (Warranties) to the extent applicable.
    1. Product liability: Subject to any statutory rights available under law, including under the CGA, the Countdown Group shall not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Countdown's obligations under these Terms.
    2. No liability for indirect loss: No member of the Countdown Group shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, Countdown Online Shopping, or the delivery or failure to deliver any Products, or provide them for Pick up.
    3. Indemnity: Notwithstanding any other term, you agree to indemnify each member of the Countdown Group against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of the Countdown Group, as a result of any breach by you of these Terms, or caused by you.
  15. Consumer Guarantees Act: You acknowledge and agree that:
    1. where the Products are ordered for business purposes (as the term "business" is defined in the CGA), the provisions of the CGA shall not apply to the sale of the Products by Countdown; and
    2. nothing in these Terms is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these Terms shall be read as modified to the extent necessary to give effect to that intention.
  16. Competitions and Promotions: Competition terms and conditions can be found associated with each promotion on our competitions page. Where a qualifying spend is required, tobacco, stamps, gift card purchases and Fulfilment Fees, are not included in qualifying spend. Subject to any rights of consumers under New Zealand law, we may cancel, terminate, modify or suspend any promotion or promotion terms and conditions at any time and for any reason before the end of the promotional period.
  17. Consent to Receiving Messages and Direct Marketing: When you register to use our Site (e.g Countdown Online Shopping or the App) your name and contact details will be added to our customer database, and you consent to receiving messages from us from time to time. Any personal information you provide to us will be collected, held and used in accordance with our Privacy Policy. If you provide us with your mobile number, we may send you a text message and/or a push notification (if you have opted in to receive push notifications) when your Order has been delivered or is ready for pick-up. We may send you messages about promotions available at Countdown. We may also send you messages asking you if you wish to respond to market research and surveys.  All electronic communications from us (except for communications confirming your Order or otherwise about your Order and your ongoing use of our Site(s)) will contain an unsubscribe function if you no longer want to receive messages from us. If you unsubscribe we may not be able to provide you with some of the Countdown services that are available.
  18. Force Majeure: If the performance by Countdown of its obligations under these Terms is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Countdown) Countdown shall be excused from such performance to the extent of such prevention.
  19. No waiver: Failure on the part of Countdown to enforce any of these Terms shall not be construed as a waiver or as a waiver of Countdown’s right to enforce these Terms at a later date.
  20. Changes to our Site(s) 
    You acknowledge that we may provide updates, upgrades, patches and other modifications to our Site(s) (together “Updates”). Some of these Updates will occur automatically (e.g. if you use Countdown Online Shopping to order your Products) while other Updates may require you to implement them (e.g. if you use the App). You may also be required to update or upgrade the device, and/or the operating system or other software on that device (for example, your internet browser) (together “Hardware or Software”), in order to continue to use our Site(s). Updates will normally be provided at no cost, unless we otherwise specify. You will be responsible for implementing any Hardware or Software Updates and all associated costs. We may at any time modify, discontinue or restrict access to our Site(s) (or any part of it), temporarily or permanently with or without notice to you. You agree that we will not be liable to you or to any third party for any modification to, discontinuance of, or restriction of access to, our Site(s).
  21. Governing law: New Zealand law governs the use of the Site and these Terms.
  22. Definitions: Capitalised terms not otherwise defined in these Terms have the meanings set out below:

"AA Smartfuel" means AA Smartfuel Limited.

“App” or “Countdown App” means the Countdown application available for downloading to mobile electronic devices, which provides a range of services to make it easier to shop at Countdown. “Bag Charge” means the standard fixed charge that you as the Customer must pay at the point of check out, for the Countdown Bags that your Order is packed into.

BYO Bags” means the bags that you elect to pack your Pick up Orders into;

“CGA” means the Consumer Guarantees Act 1993.

"Countdown" means Woolworths New Zealand Limited (formerly Progressive Enterprises Limited). 

“Countdown Bags” means the bags supplied by Countdown that we use to pack your Order into, as opposed to BYO Bags.

"Countdown Group" means Countdown, its related companies, and directors, officers, employees or agents of Countdown or its related companies.

"Countdown Online Shopping" means the part(s) of this Site by which Products are offered for sale online by Countdown to a Customer.

"Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing Countdown Online Shopping who is not registered to use Countdown Online Shopping.

“Delivery Fee” has the same meaning as the Fulfilment Fee.

"Delivery Point" means an outside area of the Premises, such as your front door, or any particular outside area specified by you on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.

“Fair Use Policy” is as defined in clause 5.4 of the Specific Terms.

“FTA” means the Fair Trading Act 1986.

"Fulfilment Fee" means the fee you as the Customer must pay to have your Order picked, packed and/or delivered and may also be referred to as "delivery fee" or “pick up fee”. 

"GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

"Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trade mark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.

"Login" means logging in to the Sites, by providing the required login information. 

"Onecard" means the Onecard loyalty programme used within our supermarkets.

“Online Saver” is as defined in clause 5.3 of the Specific Terms.

“Order” means any order for a Product or Products submitted using the Site;

“Personal Shoppers” are our team members that have been trained to select Products as if they were shopping for their own families.

“Pick up” means Countdown’s pick up service (also referred to as “click and collect”), whereby you can place your Order for Products through our Site(s), for picking by one of our Personal Shoppers and then pick it up at your selected Countdown store during your/the selected time-slot. 

“Pick up Fee” has the same meaning as the Fulfilment Fee.

"Premises" means the premises at the address specified by you on your registration application, as amended from time to time.

"Products" means the products for sale in Countdown Online Shopping.

“Restricted Products” means any Product that requires a form of identification proving age before sale.

“Site” means the Countdown Website at www.countdown.co.nz; the Countdown Online Shopping Website at https://shop.countdown.co.nz; the Countdown mobile application (App); and any other digital services provided by Countdown from time to time. 

"us", "we" or "our" are references to Countdown, its related companies, and directors, officers, employees or agents of Countdown or its related companies, as the context requires.