1. Online Shopping
1.1 Every care has been taken to ensure that the photographic representation, description and specification of each product is accurate. However, while the reproduction of colours is a close representation, a slight variation in the actual goods may occur. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. Before you place an order you should read these terms and conditions carefully as they contain important information about your order.
1.2 By submitting an order to us through our website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the Billing details.
1.3 Visitors under the age of 18 should not register with this website or submit any information to us.
2.1 You can place an order online on our website www.lemarche.co.nz
2.2 Non-acceptance of an order may be a result of one of the following:
- The product you ordered being out of stock - see Product Availability
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- Failure to meet the eligibility to order criteria set out in the Terms and Conditions
2.3.1 Shortly after you have placed an order with us by pressing the ‘Make a Payment Button’ an email will be sent to you acknowledging the exact details of your order. This email is not an order confirmation or order acceptance from Le Marche Francais Ltd. Should you not receive an acknowledgment within 5 business days, please contact Le Marché Francais Customer Services Team on 0800 LE MARCHE or +64 (0) 4 499 1834 (outside NZ). Lines are open Monday to Friday 9.30am - 5.30pm (closed Saturday & Sunday).
2.3.2 Acceptance of an order placed by you online and the completion of the contract between you and Le Marché Francais will take place when your order is dispatched, unless you have cancelled the order in accordance with the Order Cancellation instructions set out below.
3. Order Cancellation
3.1 If you wish to cancel your order placed online please contact our Le Marché Francais Direct Customer Services Team with 12 hours of placing your order by:
- Calling 0800 LE MARCHE or +64 (0) 4 499 1834 (outside NZ). Lines are open Monday to Friday 9.30am - 5.30pm (closed Saturday & Sunday).
- Forwarding your acknowledgement email to us at sales@lemarche.co.nz stating your intention to cancel the order. We will then email you a Return Form.
3.2 It may not always be possible to stop an order from being dispatched, as we endeavour to process orders immediately. If your order has already been dispatched please return the order. Please note that your right to return goods does not apply to any perishable items such as cheese or fresh deli products . Further details are set out in our Returns Policy at clause 4.
4. Returns Policy
4.1 The Returns Policy is for goods purchased on the website
4.2 Unwanted goods may be returned for a refund or exchange. Please return them in their original condition, unused (with their original packaging), with garment tags still attached within 14 days of cancellation (see clause 3.1 for ways to cancel) with the Returns Form provided.
4.3 Save for the limitations in clause 4.4 to 4.6 below, in order to obtain a refund you must notify us of your intention to cancel your contract within 14 days of receipt of the goods (or prior to delivery) in accordance with clause 3.1. We will refund your original delivery charge when a product is faulty or damaged.
4.4 Please note that cancellations or alterations to orders containing perishable goods and Hampers/Gift Boxes/Food must be made within 12 hours of ordering (with the exception of faulty or incorrectly supplied goods). Orders for perishable fresh items that have already been processed and shipped are not refundable or can not be cancelled(with the exception of faulty or incorrectly supplied goods).
4.5 Except in relation to faulty or incorrectly supplied goods where your statutory rights are unaffected the following items may not be returned:
- Goods which have been made or ordered to a customer's specification;
- Hampers, food, beverages and perishable goods
4.6 When returning goods on which you have received a discount or special offer, that discount/offer will no longer apply if you fall below the discount/offer threshold and the refund will be adjusted accordingly. Additionally any free promotional gift issued with an order must also be returned if you are returning those goods.
4.9 How to Return or Exchange
4.9.1 Fill out the Returns Form we will send you by email when receiving your cancellation notice, noting whether you would like a refund or an exchange of your goods. Please see clause 9.9 regarding the return of Hampers, Gift Boxes and Food.
4.9.2 Package the merchandise to prevent damage, enclosing the Returns Form and the Dispatch Note. Goods (excluding Hampers, Gift Boxes and Food – see clause 9) should be sent to the following address:
Le Marché Francais Ltd
Level 11 – 262 Thorndon Quay
Wellington 6011
4.9.3 We strongly recommend that you use registered post, recorded delivery or another secure method of delivery, retaining the receipt until you have received credit for your return. We regret that we cannot be held responsible for non-delivery of returned goods.
4.9.4 If you wish to return goods that have been delivered to you at a pre-arranged delivery time, for example large or bulky goods, please contact the Le Marché Francais Direct Customer Services Team on 0800 LE MARCHE to arrange collection or replacement.
4.9.5 Please note that the return costs will not be reimbursed. Postage or other return costs will be the customer's responsibility and will be reimbursed by us only in the case of damaged, faulty or incorrectly supplied goods.
4.9.6 The goods must be returned unused, with all tableware tags attached and with their original undamaged packaging. We will consider the condition of the goods being returned when making a refund.
4.9.7 Please return the item to us within 14 days of cancellation in order to receive a full refund or exchange. If you notify us of your intention to cancel the contract but do not return the goods to us we reserve the right to deduct the cost incurred by us in recovering the goods, from any refund you are owed.
4.9.8 If you would like to discuss the exchange or return of any item, or have any further questions about our returns policy please contact our Le Marché Francais Direct Customer Services Team on 0800 LE MARCHE or +64 (0) 4 499 1834 (outside NZ).
4.9.9 None of the above terms affect your statutory rights when goods are faulty or incorrectly supplied .
5. Payment Methods
5.1 We only accept payment for orders in New Zealand dollars.
5.2 We accept payment from MasterCard, Visa, Visa Debit and American Express.
5.3 If you choose to pay for an item using a payment card with a foreign currency denominated account, the account will still be taken in NZ dollars at the conversion rate applied by the relevant payment scheme at the time of processing your order.
5.4 Please note, we cannot guarantee the security of data which you send us by email. Accordingly, please do not send us payment information using email. All our online payments are securely processed using SSL encryption or through paypal.
5.5 Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
5.6 Please note that Le Marché Francais does not accept cash, cheques or gift vouchers as payment online.
6. Pricing Policy
6.1 All prices shown on the website are in New Zealand Dollars and are inclusive of GST, where applicable. Prices may change and offers may be withdrawn at any time.
6.2 Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.
6.4 Le Marché Francais endeavours to ensure that all merchandise offered on the website is available at the same price at Le Marché store in Thorndon. However, from time to time (particularly during Le Marché Francais Sale and promotional periods) we may offer additional discounts for purchases online from www.lemarche.co.nz that do not apply in the Thorndon Store or vice versa.
6.5 Our Thorndon Store may also run additional discount promotions for purchases made by any of our accepted payment methods, including during the Christmas and sale periods. Please be advised that this may not apply to purchases made through our website. Please see in-store for details.
7. Product Availability / Information
We feature products on our website that have been carefully selected for Online Shopping. Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. If we cannot contact you or receive no response to an email we send to you, we will cancel the part of your order that is unavailable or incorrectly priced, and will continue to process the remaining items on your order (where applicable). All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces and substitutions will only be made with your prior consent. If a replacement item is of greater value you will be liable to pay for the difference in values.
8. Delivery Information
Please note that the below delivery information applies only to orders placed online through lemarche.co.nz. Alternative delivery charges apply to orders placed directly through Le Marché Francais stores.
8.1 Delivery Timing
8.1.1 Please note Le Marché Francais cannot guarantee specific delivery dates and therefore, subject to specific delivery times for Christmas Hampers, Gift Boxes and Food as detailed in clause 9, please allow up to 7 working days for delivery within NZ for non perishable goods and up to 72 hours for perishable goods unless alternative dates are stated in the product description, this is subject to goods being in stock and you should allow for a longer delivery time during the Christmas and sale periods. We are unable to guarantee delivery earlier than this time frame.
8.1.2 Please note that individual items and Hampers, Gift Boxes and Food may be dispatched separately.
8.2 NZ Delivery
The following delivery charges apply to NZ addresses:
8.2.1.1 Standard NZ delivery nationwide (except rural) below 1kg is NZD8.50
8.2.1.2 Standard NZ delivery North Island below 5kg is NZD10.00
8.2.1.3 Standard NZ delivery South Island below 5kg is NZD12.00
8.2.1.4 Standard delivery Greater Wellington (including Upper Hutt, Porirua and Wainuiomata) below 25kg is NZD7.00
8.2.2.5 Standard NZ delivery North Island below 10kg is NZD15.00
8.2.2.6 Standard NZ delivery South Island below 10kg is NZD18.00
8.2.2.7 RD address surcharge NZD4.50 North Island NZD8.00 South Island
- Large and bulky goods are subject to additional carriage charges and delivery times may vary. Individual rates and delivery times will be included in the product information for each individual item.
- Orders Over 25kg - We are unable to quote a delivery charge online for orders over 25kg , therefore your order will be completed showing NZD0.00 delivery charge. Our Customer Service team will contact you within 48 hours to advise of the delivery charge before the order is confirmed and dispatched. At this time you will have the option to cancel the order if you no longer wish to purchase the product as a result of the delivery charges.
8.4 Message Card and Gift Wrapping
We do not currently offer a message card or gift wrapping service for online orders other than Le Marché Francais gift message cards for Hampers and Gift Boxes (see clause 9 below).
9. Hampers, Gift Boxes and Food
9.1 Returns and Cancellation of Hampers, Gift Boxes and Food
See clause 4 Returns Policy. Except in relation to faulty or incorrectly supplied goods where your statutory rights are unaffected the following items may not be returned: Hampers, food, beverages and perishable goods. If you are returning Hampers and Gift Boxes, they should be sent to the following address:
Le Marché Français Ltd
lev1 – 262 Thorndon Quay
Wellington 6011
9.2 General Conditions for Hampers, Gift Boxes and Food
9.2.1 In addition to all other clauses of these Terms and Conditions the following terms relate to the purchase of the Hampers, Gift Boxes and Food.
9.2.2 The terms "Hamper" and "Gift Box" are interchangeable and defined as a collection of food and/or non-food items packaged in a container such as printed cardboard box or wicker basket. The type of container used for each Hamper is stated on our website/catalogue.
9.2.3 Please note that for photographic purposes, props such as dishes, glasses, decanters and cutlery have been used in website/catalogue pictures and such items may not be included with the Hamper/Gift Box. Some packaging may vary to that shown in the picture. All Hampers and Gift Boxes are itemised fully and are described fairly on the website/catalogue, so please read the contents lists carefully. Please note that ribbons are not included. All wines are 75cl and spirits are 70cl unless stated otherwise.
9.2.4 Please note that all perishable Hampers and Gift Boxes are marked as such on the website/catalogue and the responsibility for the refrigeration of the perishable components lie with the recipient.
9.4.5 All products are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item within a Hamper or Gift Box, the item will be of equal or greater value than that which it replaces. Packaging presentation may vary.
9.4.6 Whilst we are unable to accept personalised Le Marché Francais Gift Cards to be placed in the Hamper or Gift Box, we would be happy to include a Le Marché Francais gift message card with your own message (maximum of 150 characters). Please ensure you request this and provide your message in the appropriate place during the website order process or to the telephone operator whilst ordering over the Orderline.
9.4.7 Please note that individual items and Hampers, Gift Boxes or Food may be dispatched separately.
9.4.8 Le Marché Francais Rewards points can be earned but cannot be redeemed for Hamper orders made online, over the telephone or by mail order.
9.4.9 If a non-perishable Hamper or Gift Box is to be delivered outside of the EU, the VAT content of the price of the Hamper or Gift Box (if any) will be deducted.
9.4.10 If you require a VAT invoice, please request this at the time of placing your order. A VAT invoice will be dispatched to you at least 14 days after your order has been dispatched.
10. The Website
10.1 We may change the Le Marché Francais website and correct or update information (including product information) on it or change these terms and conditions at any time without notice.
10.2 Except in relation to the description of products and services available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website.
10.3 You may access and use the website for your personal, non-commercial use. Provided you retain all copyright and proprietary notices, you may:
10.3.1 retrieve and display the content of the website on a screen;
10.3.2 print copies of the content for your own personal use; and
10.3.3 store the content in electronic form (except that you may not store it on any server or other storage device connected to a network).
10.4 You may not use this website or its contents:
10.4.1 for commercial purposes;
10.4.2 for resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of this website (eg. item listings, descriptions, prices);
10.4.3 to download (other than page caching) or modify the website, or any portion of it;
10.4.4 to interfere with or disrupt any network or web site connected to this website or gain unauthorised access to other computer systems;
10.4.5 to interfere with the enjoyment or use of the website by any other person;
10.4.6 for any purpose which is unlawful.
10.5 In addition you may not in relation to this website, use any:
10.5.1 data mining, robots, or similar data gathering and extraction tools;
10.5.2 framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the website;
10.5.3 meta tags or any other "hidden text" which uses our name or trade marks.
10.6 Using this website does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
10.7 We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided "as is". Accessing the website is entirely at your own risk.
10.8 You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
10.9 This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is our property or that of our suppliers and is protected copyright, trade marks, database rights and other intellectual property rights.
10.10 This website may include links to third party web sites ("Third Party Site(s)") from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this website.
11. Liability and Indemnity
11.1 We do not exclude or limit our liability or the liability of any other person for fraudulent misrepresentation or for death or personal injury resulting from our or their negligence. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the website or customer services. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website or customer services (including without limitation, any such loss arising out of or in connection with any order placed on the website or through the Orderline, whether or not accepted by us).
11.2 You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you.
11.3 We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
12. Privacy and Communications
12.1 When you place orders online, we collect certain personal and transactional information (eg name, address, email address, credit/debit card details) from you.
12.2 To fulfil our obligations to you under these Terms and Conditions we communicate with you by email and by posting notices on the website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing.
13. Jurisdiction
The website are controlled and operated in New Zealand. These Terms and Conditions and all matters connected with any order you place on our website are governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand courts in relation to all matters connected with or arising out of the website or your use of customer services or any order you place on the website .
14. General
14.1 We may change these Terms and Conditions at any time. If any of these terms and conditions are invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.
14.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
14.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
17. Customer Support
Please contact our Le Marché Francais Direct Customer Services Team in the event of any queries:
Le Marché Francais Ltd
Level 1– 262 Thorndon Quay
Wellington 6011
Or by Telephone 0800 LE MARCHE