Please take a few minutes to review our Terms, Conditions & Privacy Policy. Your use of this Web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms, Conditions and Privacy Policy, do not use this web site. These terms are issued by Masala King and are effective from 21 June 2018. They cover the use of our website – masalaking.co.nz
Use includes visits to our sites, purchases on our sites, participation in our database and promotions. These terms of use apply to you when you use our websites. Please read these terms carefully.
This website is owned and operated by Masala King. If you wish to contact us please email us and we will respond to all queries.
- Content
While we endeavour to supply accurate information on this site, errors and omissions may occur. Masala King does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
Masala King reserves the right to make changes to the content on this site at any time and without notice.
To the extent permitted by New Zealand law, Masala King makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this web site or any other web site.
- Ordering goods and services from us
When you place an order with us, you are making an offer to buy goods or services. An order is placed on our website via adding a product to the shopping cart and proceeding through our checkout process. The checkout process includes giving us delivery and any other relevant details for your order e.g. entering payment information and submitting your order. The final step consists of a confirmation page with full details of your order.
We will send you an e-mail to confirm that we have received and accepted your order, which indicates that your order has been accepted and you may not cancel it.
We will take payment from you when we accept your order.
- Refusing or cancelling orders
In the unlikely event that the goods or services ordered are no longer available or out of stock for over 7 business days, we reserve the right to refuse or cancel an order. We will remain in communication with you.
We also reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to have been placed fraudulently.
While we endeavour to ensure that the price and description of goods or services is accurate, if there is an error in the process of listing a product or service on our website or a technical error in the processing of your order we reserve the right to refuse or cancel the order.
Our right to cancel orders applies to orders that have been accepted.
- Payment options
We currently accept payments via:
- Internet Banking / Bank Transfer
- Credit or Debit Card
- Paypal
- Pricing
All prices listed on masalaking.co.nz are in New Zealand dollars and are exclusive of GST. Please note that we reserve the right to alter prices on our websites at any time for any reason.
- Your Password Management Responsibilities
Use of your User Id and Password is the agreed security procedure to access the secure area of the Masala King website. In order to prevent unauthorized access to your accounts and to prevent unauthorized use of the Masala King website, you agree, by using the Masala King website, to keep confidential, and to not give or make available your User Id and Password or other means to access your accounts to any person not authorized to access your accounts. The loss, theft or unauthorized use of your User Id and Password could cause you to lose some or all of the money and/or service credit, in your accounts. If you disclose your User Id and Password to any person or entity, you assume all risks and losses associated with such disclosure. If you permit any other person or entity to use your User Id and Password, or other means to access your accounts through the Masala King website, you are responsible for any transactions and activities they authorize from your accounts. You agree to immediately notify us via email using the form on our home page of any unauthorized use of your User Id and Password or of any other breach of security, or if you believe someone may attempt to access the Masala King website without your consent or has transferred money without your permission.
- Refund
If we have made a mistake with your order, we will send out a replacement along with a post bag for return of the incorrect product. We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.
- Website and Credit Card Security
We want you to have a safe and secure shopping experience online. All payments via our sites are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy.
You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer.
For security purposes certain transactions may require proof of identification.
- Delivery and Delivery Charges
We only deliver to New Zealand addresses.
If goods are lost or damaged in transit, please contact us within 7 business days using our online form on home page.
We will use this delivery information to make a claim against our courier company. We will offer you the choice of a replacement or a full refund, once we have received confirmation from our courier company that delivery was not successful.
- Privacy
We may get in touch with you from time to time to offer new products, information or promotions. You will be able to opt out of receiving this information by contacting us by email. Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s). We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us. You will need to permit us to place data files (“cookies”) on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of the Website may not be available to you. We may disclose your personal information as required by law. Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control. You can request details of your personal information that we hold, and ask us to correct it, at any time.
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the people sending any such message need not include a functional unsubscribe facility in that message.
- Delivery Period
Delivery lead time is usually within 7 business days of receiving an order and payment. Deliveries to rural addresses in some areas may take longer (2 to 3 days extra) than the time indicated. You will receive an email that confirms that your order has been dispatched.
We will use our best endeavours to deliver your Order within any stated timeframes for dispatch; however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes. We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.
- Copyright & Trademarks
It is expressed that everything contained on this Website is copyrighted and may not be used without written permission of Masala King. Masala King neither warrants nor represents that your use of materials displayed on this Web Site will not infringe the rights of third parties not owned by or affiliated with Masala King.
The trademarks, logos and service marks (“Trademarks”) displayed on this Website are registered and unregistered trademarks of Masala King, its affiliates and others. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on this website.
- Accessing our service
Other than connecting to the Masala King website by HTTP requests using a web browser, you may not gain access to the Masala King website servers. You agree not to disrupt, modify or interfere with our websites or services and their associated software, hardware and servers in any way. You also agree not to modify any content or service on the Masala King websites. Furthermore, you agree not to use our sites in any inappropriate or unlawful way.
- Disclaimer
Our websites are intended to provide information for people shopping our products and accessing our services, including making purchases via our website and registering on our database to receive e-mails from us.
While we endeavour to supply accurate information on this site, errors and omissions may occur. Masala King does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
Masala King reserves the right to make changes to the content on this site at any time and without notice.
To the extent permitted by New Zealand law, Masala King makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this web site or any other web site.
Under no circumstances, shall Masala King or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Masala King website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of Masala King has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the Masala King website or any content on the site, your sole and exclusive remedy is to discontinue using the Masala King website. You acknowledge, by your use of the Masala King website, that your use of the site is at your sole risk.
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade. We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website. To the greatest extent permissible by law, we exclude all liability we may have to you for any claim. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993. Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
- Intellectual Property
Masala King, its suppliers, advertisers or third party providers, own all copyright and other intellectual property in this site. Everything on this site, unless otherwise stated, is copyright.
Masala King welcomes the use of this site provided that the user acknowledges all copyright and other notices contained in the content.
We advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of this site without the express permission of Masala King.
- Links
Please note that although this site has some hyperlinks to other third party websites, these sites have not been prepared by Masala King and are not under the control of Masala King. The links are only provided as a convenience, and do not imply that Masala King endorses, checks, or approves of the third party site. Masala King is not responsible for the privacy principles or content of these third party sites. Masala King is not responsible for the availability of any of these links.
Masala King requires that you request our permission to include a link from another site to this site. If you would like to request permission, please contact us via our online form on the home page.
- Transfer & Assignment
If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.
- Jurisdiction
This website is governed by, and is to be interpreted in accordance with, and only with the laws of New Zealand.
- Changes to this Agreement
Masala King reserves the right to alter, modify or update these terms of use. These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders.
