Policies, Disclaimers, & Terms & Conditions

Welcome to Nourish & Tempt Limited’s Digital Privacy Policy

Nourish and Tempt Limited respects your privacy and is committed to protecting your personal data (collectively referred to as “Company”, “we”, “us” or “our” in this privacy policy).  This privacy policy will inform you as to how we look after your personal data when you visit this website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

1. Purpose of this Privacy Policy 

1.1. This privacy policy aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you purchase a product.

1.2. This website is not intended for children and we do not knowingly collect data relating to children.

1.3. It is important that you read this privacy policy so that you are fully aware of how and why we are using your data.

2. Controller and Contact Details

2.1. The Company is the controller and is responsible for your personal data.

2.2. The Company collects and holds your personal data. If you have any questions about this privacy policy, including any requests to exercise your legal rights, or would like to raise any concerns, please contact us at danijela@nourishandtempt.com.

2.3. The following external third parties also hold and process some of your personal data:

• Shopify Inc., 151 O’Connor Street, Ground Floor, Ottawa, ON K2P 2L8, Canada.
• Go Sweet Spot, Level 2, 101 Station Road East, Penrose, Auckland 1061, New Zealand.

3. Changes to the Privacy Policy and Your Duty to Inform us of Changes

3.1. We keep our privacy policy under regular review. This version was last updated on February 2024. Historic versions can be obtained by contacting us.

3.2. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

4. Third-Party Links

4.1. This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

5. The Data We Collect About You

5.1. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity of the person to which the data relates has been removed (anonymous data).

5.2. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • (a) Identity Data includes company name, first name, last name, username or similar identifier.
  • (b) Contact Data includes billing address, delivery address, email address and telephone numbers.
  • (c) Financial Data includes payment card details.
  • (d) Transaction Data includes details about payments to and from you and other details of products you have purchased from us.
  • (f) Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, and feedback and survey responses.
  • (g) Usage Data includes information about how you use our website, products and services.
  • (h) Marketing and Communications Data includes your preferences in receiving marketing and related content from us and our third parties, your communication preferences and information relating to your use of our services and interactions with our staff including phone and email communications.

5.3. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

5.4. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

6. If You Fail to Provide Personal Data

6.1. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products or services). In this case, we may have to cancel a product order you have with us but we will notify you if this is the case at the time.

7. How is Your Personal Data Collected?

7.1. We use different methods to collect data from and about you including through:

  • (a) Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by phone, email or otherwise. This includes personal data you provide when you purchase our products; create an account on this website; subscribe to our publications; request marketing to be sent to you; enter a competition, promotion or survey; give us feedback or contact us; or fill out a ‘contact us’ inquiry form.
  • (b) Automated technologies or interactions. As you interact with this website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.
  • (c) Third parties and publicly available sources. We may receive personal data about you from authorised third parties and publicly available sources from time to time. 

8. How We Use Your Personal Data

8.1. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

(a) Where we need to perform the contract we are about to enter into or have entered into with you.
(b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.  Legitimate interests for our business includes conducting and managing our business to enable us to give you the best service or product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
(c) Where we need to comply with a legal obligation that we are subject to. 
(d) Where such use of the data has been authorised by you.

9. Purposes for Which We Will Use Your Personal Data

9.1. The PDF download link (see 9.3) contains a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

9.2. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below:

10. Promotional Offers from Us

10.1. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. You will receive marketing communications from us if you have requested information from us or purchased products from us and you have not opted out of receiving that marketing.

11. Third-Party Marketing 

11.1. We will get your express consent before we share your personal data with any third party for marketing purposes. You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of using or accessing our website, a product purchase, product experience or other transaction.

12. Change of Purpose

12.1. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

12.2. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

12.3. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

13. Disclosures of Your Personal Data

13.1. We may share your personal data with the parties set out below for the purposes set out in the attached PDF document above in section 9.3:

(a) External third parties, such as service providers, who provide IT, website hosting and system administration services, retail point-of-sale services and credit/debit card payment services;
(b) Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy;
(c) Third parties who are involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare your personal information with information collected from other sources and who may keep a record of the searches we make against your name;
(d) Third parties to whom we may be required to pass your information by reason of legal, governmental or regulatory authority or where we believe in good faith that disclosure is necessary to protect or enforce our rights or the rights, property, or safety of others;
(e) Professional advisors including lawyers, accountants, bankers, creditors and insurers who provide consultancy, banking, legal, insurance and accountancy services; and –
(f) Any other third party, where you have given your express consent for us to do so.

13.2. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

13.3. We may disclose non-personally identifiable information to our service providers (such as Google) for the purposes of conducting our business and improving our website and marketing.

13.4. Some of our external third parties may be based outside of New Zealand, so their processing of your data may involve a transfer of your data overseas.  In such circumstances we may (where we determine it is necessary to do so) enter into specific terms, contracts or otherwise require that third party to give your personal data the same protection it has in New Zealand.

14. Data Security

14.1. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

14.2. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

15. Data Retention

15.1. We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

15.2. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

15.3. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 6 years after they cease being customers for tax purposes.

15.4. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you.

15.5. In some circumstances you can ask us to delete your data. Please refer to your legal rights below for further information.

15.6. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

16. Your Legal Rights

16.1. Under certain circumstances, you have rights under data protection laws in relation to your personal data including the right to:

(a) Request access to your personal data. This enables you to receive a copy of the personal data we hold about you.
(b) Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
(c) Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
(d) Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
(e) Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
i. If you want us to establish the data’s accuracy.
ii. Where our use of the data is unlawful but you do not want us to erase it.
iii. Where you need us to hold the data even if we no longer require it to establish, exercise or defend legal claims.
iv. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
(f) Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
(g) Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

16.2. If you wish to exercise any of the rights set out above, please contact us.

17. Assessing Your Data

17.1. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

17.2. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

17.3. We try to respond to all legitimate requests within 20 working days. Occasionally it could take us longer than 20 working days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as to the progress of your request.

This policy was last updated on February 7th 2024.


Nourish & Tempt Limited’s Programmatic Advertising Policy

Mediavine Programmatic Advertising (Ver 1.1)

The Website works with Mediavine to manage third-party interest-based advertising appearing on the Website. Mediavine serves content and advertisements when you visit the Website, which may use first and third-party cookies. A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website.

First party cookies are created by the website that you are visiting. A third-party cookie is frequently used in behavioral advertising and analytics and is created by a domain other than the website you are visiting. Third-party cookies, tags, pixels, beacons and other similar technologies (collectively, “Tags”) may be placed on the Website to monitor interaction with advertising content and to target and optimize advertising. Each internet browser has functionality so that you can block both first and third-party cookies and clear your browser’s cache. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, how to disable existing cookies and how to clear your browser’s cache. For more information about cookies and how to disable them, you can consult the information at All About Cookies.

Without cookies you may not be able to take full advantage of the Website content and features. Please note that rejecting cookies does not mean that you will no longer see ads when you visit our Site. In the event you opt-out, you will still see non-personalized advertisements on the Website.

The Website collects the following data using a cookie when serving personalized ads:

  • IP Address
  • Operating System type
  • Operating System version
  • Device Type
  • Language of the website
  • Web browser type
  • Email (in hashed form)

Mediavine Partners (companies listed below with whom Mediavine shares data) may also use this data to link to other end user information the partner has independently collected to deliver targeted advertisements. Mediavine Partners may also separately collect data about end users from other sources, such as advertising IDs or pixels, and link that data to data collected from Mediavine publishers in order to provide interest-based advertising across your online experience, including devices, browsers and apps. This data includes usage data, cookie information, device information, information about interactions between users and advertisements and websites, geolocation data, traffic data, and information about a visitor’s referral source to a particular website. Mediavine Partners may also create unique IDs to create audience segments, which are used to provide targeted advertising.

If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit National Advertising Initiative opt out page. You may also visit Digital Advertising Alliance website and Network Advertising Initiative website to learn more information about interest-based advertising. You may download the AppChoices app at Digital Advertising Alliance’s AppChoices app to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.

For specific information about Mediavine Partners, the data each collects and their data collection and privacy policies, please visit Mediavine Partners.

This policy was last updated on February 16th 2024


Nourish & Tempt Limited’s Website Disclaimer

The information provided on our website, including any nutritional information, recipes, suggestions, advice or recommendations are of a general nature only and are not intended to constitute medical, nutritional or food safety advice of any kind.  If you require any medical, nutritional or food safety advice, or have any health conditions or concerns, please contact a qualified professional to discuss your specific needs.  

You acknowledge and agree that your use of any information on our website, including any nutritional information, recipes, suggestions, advice or recommendations is at your sole risk and discretion.  We make no warranties or guarantees in respect of the accuracy, completeness or suitability of such information and you are responsible for determining its suitability for your particular purposes.  

To the fullest extent permitted by law, we will not be responsible for any loss, costs, damages, expenses, or for any adverse reactions, effects or outcomes of any kind that arise as a direct or indirect result of your use of any information contained on our website. 

This policy was last updated on July 8th 2021.

Nourish & Tempt Limited’s Cookie Policy

As you interact with our website, we will automatically collect Technical Data (as defined in our Privacy Policy) about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. 

A cookie is a small file of letters and numbers that we put on your device. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site. 

The cookies we use allow us to:
(a) Recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily;
(b) Recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily;
(c) Recognise you when you return to our website. This enables us to personalise content for you, and remember your preferences; and
(d) Record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our website. 

Please note that links to third party websites, plug-in and applications may also use cookies, over which we have no control. 

By continuing to browse the website, you are agreeing to our use of cookies in accordance with this policy.

This policy was last updated on July 8th 2021.

Nourish & Tempt Limited’s Terms & Conditions

1. General

  • 1.1 All Products supplied by Nourish and Tempt Limited and its employees, contractors and agents (“Nourish and Tempt”) to the customer (“Customer”) are sold subject to these terms and conditions of sale (“Terms”). 
  • 1.2 The Customer acknowledges that by purchasing any Products from Nourish and Tempt or using or otherwise accessing Nourish and Tempt’s website www.nourishandtempt.com (“Website”), the Customer has read, understood and accepted the Terms and agrees to be bound by the Terms.
  • 1.3 Nourish and Tempt reserves the right to amend these Terms in any manner and at any time and will notify the Customer of any amendments to the Terms by uploading the amended Terms to the Website. By continuing to use the Website or by ordering Products from Nourish and Tempt after any such amendment, the Customer is deemed to have agreed to the amended Terms.
  • 1.4 No variation, modification or substitution for these Terms is binding on Nourish and Tempt unless specifically accepted by Nourish and Tempt in writing. 
  • 1.5 The parties acknowledge and agree that for the purposes of these Terms, any reference to the “Products” means all products supplied by Nourish and Tempt to the Customer from time to time for sale to, and purchase by, the Customer.

2. Use of Website

  • 2.1 If a Customer is under the age of 18, the Customer must only use the Website with parental or caregiver consent, provided that the Customer’s parent or caregiver is over the age of 18 and has accepted the Terms on behalf of the Customer.
  • 2.2 The Customer shall ensure that no other person shall use the Customer’s Website login or account with Nourish and Tempt to purchase any Products.
  • 2.3 As a condition of use of the Website, the Customer agrees:
  • (a) Not to disrupt activity online;
  • (b) To ensure that the Website is not used for any illegal activity or which may expose Nourish and Tempt to potential litigation including (but not limited to) copyright and trade mark infringement, the publication of obscene or defamatory information or material, the publication of information or material that infringes the rights of third parties, or the publication of information or material that is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986;
  • (c) Not to use anybody else’s computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
  • (d) Not to post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;
  • (e) Not to run network scanning software or use open relay to distribute messages; and
  • (f) Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, Nourish and Tempt’s or anyone else’s computer system or communications services.

3. Application for Information on Products

  • 3.1 Where the Customer wishes to request further information on the Products, the Customer must do so in accordance with the instructions on the Website. 
  • 3.2 Nourish and Tempt shall have the absolute discretion to decline the Customer’s request for further information on the Products for any reason whatsoever without reference to the Customer.  Nourish and Tempt may require the provision of additional information or verifications before providing the Customer with the further information. 

4. Products

  • 4.1 Where the Customer proceeds to acquire Products from Nourish and Tempt, the terms and conditions relating to the Customer’s acquisition and use of all Products are those specifically set out in these Terms, unless otherwise expressly agreed by Nourish and Tempt in writing. 
  • 4.2 Nourish and Tempt is entitled to:
  • (a) Discontinue supply of all or any of the Products; and
  • (b) Add to or substitute Products.
  • 4.3 Nourish and Tempt will give Customers notice of any such changes referred to in clause 4.2 by updating the Website. 

5. Orders

  • 5.1 The Customer must place orders for the Products to Nourish and Tempt in writing or via the Website.
  • 5.2 Orders for Products are subject to Nourish and Tempt’s approval and acceptance.  All orders are subject to the availability of Products.
  • 5.3 In the event that an order is declined pursuant to clause 5.2, Nourish and Tempt shall refund to the customer any payment for the Products to the credit card or account used for such payment.
  • 5.4 The Customer cannot cancel any order for Products (whether fully or in part) unless Nourish and Tempt has agreed in writing to the cancellation. The Customer cannot cancel any special indent order for Products (being an order for Products that Nourish and Tempt does not keep readily available in stock and where Nourish and Tempt has specifically ordered the Products from a supplier on the Customer’s instruction).

6. Price

  • The price payable for the Products ordered will be either:
  • (a) Where the Customer orders from the Website, the price specified on the Website; or
  • (b) In all other cases, the price specified by Nourish and Tempt in writing.
  • 6.2 All prices for the Products shall be in $NZD and shall be inclusive of GST (unless otherwise stated).  Nourish and Tempt may correct any clerical errors or omissions in any quotation, correspondence, invoice or on the Website at any time.  
  • 6.3 Nourish and Tempt reserves the right to vary the price for Products.  Nourish and Tempt will notify the Customer of any variations to the prices specified by updating the Website. 
  • 6.4 Where a quotation is given by Nourish and Tempt to the Customer for Products:
  • (a) Subject to clause 6.5, the quotation will be valid for 20 working days from the date of issue and thereafter will be deemed to be withdrawn; and
  • (b) No variation of the quotation is permitted unless Nourish and Tempt has agreed in writing to the variation.
  • 6.5 Nourish and Tempt reserves the right to withdraw or vary any quotation at any time before the Customer accepts the quotation in writing.
  • 6.6 To the extent permitted by law, Nourish and Tempt reserves the right to reasonably vary the price payable for the Products by giving the Customer notice in writing where there has been an increase in the cost of supplying or delivering the Products or where any circumstances described in clause 18 of the Terms apply in respect of Products. 

7. Payment

  • 7.1 Unless Nourish and Tempt otherwise agrees in writing, the Customer must pay the full price for the Products and any delivery costs upon placing an order for the Products on the Website.  In any case, Nourish and Tempt must receive payment in full for the Products and any delivery costs prior to the shipment and delivery of the Products.  
  • 7.2 The Customer must make all payments to Nourish and Tempt without delay, counter-claim, abatement, deduction or set off.
  • 7.3 Without prejudice to Nourish and Tempt’s other rights and remedies, if any amounts due to Nourish and Tempt are not paid by the Customer by the due date for payment or the Customer breaches any of these Terms, Nourish and Tempt may:
  • (a) Retain the Products until full payment for the Products has been received;
  • (b) Suspend or terminate any account the Customer holds with Nourish and Tempt, at which time any amounts the Customer owes to Nourish and Tempt will become due and payable;
  • (c) Charge the Customer interest, payable on demand, on any overdue amounts at the rate of 12% per annum, calculated daily from the due date for payment until payment is received in full; and
  • (d) Recover from the Customer all costs incurred by Nourish and Tempt arising from any breach of these Terms (including, without limitation, legal costs, service costs and costs of recovering unpaid amounts).

8. Risk and Delivery

  • 8.1 Risk passes to the Customer on delivery of the Products. 
  • 8.2 Delivery shall be deemed complete:
  • (a) For Products that are tangible products, when Nourish and Tempt gives possession of the Products directly to the Customer, or possession of the Products is given to a carrier, courier, or other bailee for the purposes of transmission to the Customer; and
  • (b) For Products that are digital products, when Nourish and Tempt sends the Products to the Customer’s email address (being the email address specified by the Customer at the time the order was placed).  
  • 8.3 The Customer is responsible for insuring all Products from the time of delivery.
  • 8.4 Where Nourish and Tempt has accepted an order, Nourish and Tempt will use its reasonable endeavours to arrange supply to the Customer of the Products by the delivery date agreed in writing between Nourish and Tempt and the Customer or within the estimated delivery time as specified on the Website. 
  • 8.5 The Customer shall advise Nourish and Tempt in writing if an order is not received within the following timeframes (as applicable):
  • (a)15 working days from the date that the order is placed with Nourish and Tempt if the Products are to be delivered within in New Zealand;
  • (b) 30 working days from the date that the order is placed with Nourish and Tempt if the Products are to be delivered outside of New Zealand; or
  • (c) 24 hours from the date that the order is placed with Nourish and Tempt if the Products are digital products. 
  • 8.6 Nourish and Tempt may, at its discretion, deliver Products by instalments. 
  • 8.7 Nourish and Tempt is not liable to the Customer for any failure to deliver, or for any delay in the delivery of, the Products. Without limiting the foregoing, Nourish and Tempt is not liable for failure to deliver, or for any delay in the delivery of, the Products in the following circumstances:
  • (a) Where payment for the Products by the Customer has not been received by Nourish and Tempt on the due date for payment; or
  • (b) Those circumstances described in clause 18 of these Terms.
  • 8.8 Nourish and Tempt’s Shipping and Delivery FAQ’s can be accessed by clicking here.

9. Ownership Reserved

  • 9.1 Nourish and Tempt retains ownership of and the legal and equitable title in all Products agreed to be supplied by Nourish and Tempt until the Customer has paid the full price for the Products and any delivery costs and all other amounts owing by the Customer to Nourish and Tempt.