Terms and Conditions

Terms and Conditions
By purchasing products from Manga The Foodstore (“Manga The Foodstore”, “we”, “us”, “our”) or using this website, the purchaser (the “Customer”, “you”, “your”), agrees to the following terms and conditions of sale (the “Terms”). References in the Terms to “Manga The Foodstore”, “us”, “we” or “our” are references to Indian Stores Limited, its related companies, and directors, officers, employees or agents of Indian Stores Limited or its related companies, as the context requires.

1. Consumer Protection and other legislation: Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.
2. Business Customers: To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business, the Consumer Guarantees Act 1993 or equivalent consumer protection legislation does not apply.
3. Limitation of Liability: The Customer shall indemnify Manga The Foodstore against any loss of or damage to property due to the act or omission of the Customer. Manga The Foodstore shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Manga The Foodstore, even if Manga The Foodstore has been advised of the possibility. In no case shall Manga The Foodstore’s maximum liability exceed the cost of the relevant original order.
4. Refunds: Manga The Foodstore will comply with its obligations under the Consumer Guarantees Act 1993 or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.
5. Addressing: If a product is found to be misaddressed by Manga The Foodstore then Manga The Foodstore shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an erroneous, outdated or insufficient address, then Manga The Foodstore will not be held liable and will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer. It is the Customer’s responsibility to notify Manga The Foodstore of any address changes before an order is placed.
6. Payment: Manga The Foodstore only accepts payment through this website via valid debit or credit cards. The online shopping method does not accept EFTPOS, cash, cheque, voucher or any other form of payment. We do not store customers’ payment details on our servers. All transactions are carried out using a third-party payment gateway. Manga The Foodstore uses “Paymark Click” to securely authorise credit card payments before any charges are made. For further information regarding “Paymark Click” and how it encrypts and processes transactions, please visit https://www.paymark.co.nz/products/click/.
7. Title: Manga The Foodstore retains title in the products purchased until Manga The Foodstore receives payment for the products in full, including applicable delivery charges. Once the Customer’s order has been delivered the Customer assumes full responsibility for and risk in the products.
8. Prices: Prices displayed on this website may differ from in-store prices.
9. Pricing and content errors: Although we do our best to ensure that prices and other content stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to rectify the error and charge the rectified price, or cancel your purchase. If we choose to charge you the rectified price, you will be notified of the error and will be given the option to pay the difference between the incorrect price and the rectified price, or receive a refund, as the case may be. Manga The Foodstore will not be held liable for any direct or indirect damage or loss arising from non-pricing errors or inaccuracies in this website’s content.
10. Damaged Goods: Manga The Foodstore takes care to ensure that all goods delivered to customers are adequately packaged. If you receive damaged goods we will accept a return of the goods and offer a full refund or replacement. You are responsible for arranging the shipment and related costs of returning the damaged goods to us. No damage claims will be considered after seven days following the Customer’s receipt of the goods.
11. Delivery of Incorrect Goods: If Manga The Foodstore delivers goods which do not match the order placed, customers may either return the goods and request a refund, or keep the incorrectly delivered goods. If the Customer chooses to keep the incorrectly delivered goods, no adjustments will be made by Manga The Foodstore.
12. Security: Manga The Foodstore uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However, you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Manga The Foodstore will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).
13. Special Offers: Special deals and offers on this website are only valid for so long as they are displayed or while stock lasts, unless expressly stated otherwise. The special deals and offers displayed on this website may differ from in-store special deals and offers.
14. Shipping: Free shipping is available in Wellington for orders that are equal to or more than $75.00. An additional $5 may be charged for delivery to a rural address.
15. Cancelling Orders: Manga The Foodstore reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation (regardless of whether payment for the order has been made), including (without limitation) where Manga The Foodstore believes the order to be fraudulent or constitute a misuse of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you; however we will provide a reasonable notice to you stating that your order has been cancelled, and will refund the purchase price to you (where it has already been paid).Customers may cancel or modify an order free of charge if the product is out of stock or there is an error in price or product description on this website, or up until such time as the order has been packed for delivery. If the Customer wishes to cancel an order after the order has been packed, the Customer may be charged a cancellation fee. A Customer cannot cancel an order once the order has been shipped.
16. New Zealand Currency and GST: All prices displayed on this website are expressed in and payable in New Zealand dollars (NZD) and are inclusive of New Zealand Goods and Services Tax (“GST”). For New Zealand delivery addresses, all purchases will be charged GST unless otherwise stated. If your order ships to a delivery address outside New Zealand, no GST will be charged. Any currency conversion will take place online at the rate applicable at the time of purchase.
17. Customs & Duties: For any orders shipped outside of New Zealand the Customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Manga The Foodstore’s control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.
18. Website Access: Manga The Foodstore hereby grants you permission to access, view and download the content appearing on this website, for your personal, non-commercial use only. However, we reserve the right, at our absolute discretion, to deny any application for customer registration on our website for any reason whatsoever, or to terminate an existing user’s account if the user violates our terms and conditions. You agree not to use any device, method or software to interfere with the proper functioning of this website. Without the express written permission of Manga The Foodstore, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
19. Use of Personal Information: By using the online shopping method on this website the Customer authorises Manga The Foodstore to use the Customer’s personal information to assess their registration application, to conduct any transaction with the Customer, to enforce any legal rights Manga The Foodstore has against the Customer, for sending any promotional or advertising materials, for enhancing this website or to provide a personalised experience for the Customer.
20. Cookies: This website may use “cookies” which are elements of data that this website can send to your browser, which may the store it on your system. To use the online shopping method on this website you do not necessarily need to enable your browser to accept cookies, although some information or services may not be available if you set your browser to not accept cookies.
21. Use of Third Party Websites: Manga The Foodstore may use third-party web-analytic services to measure user activity on this website. No personal information is collected from the Customer in this process.
22. Copyright & Trademarks: You agree that the content you access, view or download on this website and the software used to create it, remains the property of Manga The Foodstore Limited or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.
23. Stock Availability: In order to provide the greatest range of products, you understand that Manga The Foodstore does not stock all products listed on this website in a single warehouse. All items sold via the Manga The Foodstore website are subject to availability and Manga The Foodstore reserves the right not to accept or to cancel any order for products that are out of stock. Product availability information is provided by a number of third party suppliers. Manga The Foodstore works with these third-parties to ensure this information is as accurate as possible, however some errors and omissions are expected. Goods delivered may differ to the product images presented on this website.
24. Gift Voucher and Manga The Foodstore Credit Expiry:  Gift vouchers and Manga The Foodstore Credits are valid for one year from the time they are issued, after which the voucher and credit will expire. Any credit remaining after the expiry of the gift voucher or Manga The Foodstore Credit is non-refundable. Gift vouchers and Manga The Foodstore Credits are not available for use in conjunction with orders made through the online shopping method on this website.
25. Delivery Estimates: Manga The Foodstore makes every effort practical to ensure that delivery timeframes given are accurate and that your orders will be delivered as soon as possible, however, we cannot guarantee that orders will be delivered within any given timeframe. The delivery times stated for products on this website assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold Manga The Foodstore liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame. If you feel that there is a substantial delay (more than 72 hours) in delivery, you may place a request for a refund.
26. Force Majeure: Manga The Foodstore will not be liable to the Customer for any loss or damage, directly or indirectly arising out of or in connection with any delay or failure to perform our obligations where such delay or failure is outside our reasonable control.
27. Communications: By creating an account with Manga The Foodstore you consent to receiving electronic communications from Manga The Foodstore. These communications will include account status updates, order status updates, promotional and marketing materials and other information relating to the service. Your personal details will not be made available to any third party.
28. Notice of Copyright Infringement: Manga The Foodstore respects the copyrights of others. If you feel that data is used in Manga The Foodstore’s product catalogue in a manner that constitutes an infringement of your copyright under applicable copyright legislation, please write to us at:

PO BOX 7177
Newtown
Wellington 6242
Please include the following details:
Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL);
A statement that the complaining party believes that infringement of the complaining party’s copyright has occurred, giving the reasons for such belief;
A statement that you are the copyright holder or authorised to act on the copyright holder’s behalf; and
Contact details including an email address where the complaining party may be contacted.

1. Linked Websites: This website may contain links to other websites operated by third parties. Manga The Foodstore is not liable for those websites or any content or information such websites contain.
2. Statements: The name that will appear on your statement will be Manga The Foodstore.

Disclaimer
Manga The Foodstore would like to welcome you to this website; we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer. The information on this website is provided “as is” and for general information only. Manga The Foodstore has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and Manga The Foodstore does not guarantee that the website will always operate or be error free. Accordingly, to the maximum extent permitted by law, Manga The Foodstore does not accept any liability for the use of or inability to use this website, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.