1. General

We apologise in advance for those that 'may' die of old age while reading this. Unfortunately it is a necessary evil of business. In general if you have any issue with your order please call your store immediately to talk to the owner / manager and if you have no love from them e-mail our hell hole feedback@hell.co.nz

1.1 Definitions

1. "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing the HELL website, including the online ordering system, who is not registered or recognized customer of HELL. 2. "Delivery Point" means an outside area of the Franchise Premises, such as the Customer's front door, or any particular outside area specified by the Customer 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, unless requested by the Customer and the Franchise, where the order was placed, has confirmed such request. For customers who live rural, the delivery point may not be the residence stated. 3. "Delivery Fee" means the fee you as the customer must pay to have your order delivered to the customers' address, or requested delivery point. 4. "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985. 5. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present, and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof. 6. "Login" means a Customer's personal email address and password used to access the HELL website and online ordering system under that Customer's registration. 7. "Premises" means the premises at the address specified by the Customer on their registration application, as amended from time to time. 8. "Products" means the products for sale in the HELL website and online ordering system. 9. "Store Policies" means the store policies of HELL, set out in the section of the same name on the HELL Website. 10. "HELL" means The Depths LP (The Depths LP) which is the seller of the Products. 11. "HELL Revolution Ltd" means HELL, its related companies, and directors, officers, employees or agents of HELL or its related companies. 12. "HELL website" means this internet site owned by HELL, being the medium by which Products are offered for sale online by HELL to the Customer.

1.2 Use of the HELL website and online ordering system subject to terms and conditions

Your access to, and use of, the HELL website and online ordering system is subject to the following terms and conditions. By using the HELL website and online ordering system you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through the HELL website and online ordering system constitute legal offers to purchase, and are capable of being accepted by HELL without any further reference to the Customer.

1.3 Terms and conditions to prevail

These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policie

1.4 HELL's discretion to accept registration

These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policy

1.5 Registration and access costs

No costs are payable to register to use the HELL website and online ordering system but Customers are responsible for any costs incurred in using the HELL website and online ordering system including any charges imposed by their internet service provider.

1.6 Suspension or termination

HELL may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through the HELL website and online ordering system for any reason whatsoever.

1.7 Customer liable for every order

Customers are liable for every order made under their Login.

1.8 Trade not supplied

Unless otherwise agreed, Customers may not purchase Products through the HELL website and online ordering system for the purpose of resale.

1.9 Security of information

HELL shall use its reasonable endeavors to prevent any unauthorized entry into the HELL website. However, no member of The Depths LP will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorized access. Why is the Hell website and online ordering system safe? Safe technology systems - the Hell website uses an internationally recognized 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 a managed firewall so that your personal details are not accessible from the internet by any third party. Safe payment systems - Hell uses "DPS Payment Express" to securely authorize credit card payments before any charges are made. For further information regarding "DPS Payment Express" and how it encrypts and processes transactions, please visit www.paymentexpress.com.

1.10 Site content

While HELL has endeavored to ensure that the information provided on the HELL website and online ordering system is free from error, no member of The Depths LP warrants its accuracy, adequacy or completeness, and no member of The Depths LP shall be responsible or liable for any error in, or omission from, the information provided on the HELL website and online ordering system. We reserve the right to make changes to the information provided on the HELL website and online ordering system at any time and without notice.

1.11 Use of the site

The Customer agrees not to use the HELL website for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on the HELL website for their own personal use but otherwise, neither the HELL website nor any material on it may be altered, modified, reproduced, transmitted or distributed without HELL's prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of the HELL website, or damage the operation of the HELL website, or HELL's systems or those of other persons who use the HELL website whether by way of a virus, corrupted file, any other software or program, or otherwise.

2. Price

2.1 Pricing

The Customer shall pay HELL for the Products ordered at the price displayed at the time the order is submitted. 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 delivered. Prices and specials available on the HELL website may not necessarily be the same as the prices and specials available in HELL's stores. Any prices and specials available in HELL's stores will only apply to Products purchased through HELL's website if those prices or specials are specifically displayed on the HELL website, and vice versa. HELL may vary the prices of the Products at any time without notice.

2.2 Currency

The prices of Products are displayed in New Zealand currency.

2.3 Prices inclusive of GST

The prices of the Products are inclusive of GST and any other sales tax.

2.4 Delivery Fee

In addition to the price of Products ordered, the Customer shall pay HELL a delivery fee. This fee covers the costs associated with the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. HELL may change this fee at any time.

2.5 Adjustments to price

The Customer will be notified of any adjustments made to the total price of their order on the invoice or receipt, which will accompany the purchased Products on delivery.

2.6 HELL may set credit limits

HELL may from time to time set credit limits for individual Customers.

3. Product availability, range, specials and quality

3.1 Product availability

Every effort will be made to fulfil orders placed with HELL's website and HELL's online ordering system, but no member of the The Depths LP shall be liable to any person if HELL is unable to or declines to supply a Product for any reason whatsoever.

3.2 Specials

Specials are subject to availability while stocks last. HELL's website and HELL's online ordering system, does not allow back orders for specials that are out of stock.

3.3 Product quality

If HELL agrees that a Product was delivered to a Customer in a damaged or spoiled condition, HELL shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered). As per the HELL service guarantee.

4. Payment

4.1 Method of Payment

Customers must pay HELL for the product purchased. HELL's website and HELL's online ordering system accepts all credit cards for payment. Credit Cards must be sighted upon delivery. Alternative methods of payment - If you do not wish to use your credit card to pay for orders you place at www.hell.co.nz you may pay by cash. Cash payments must be handed over to a HELL employee upon delivery or pick-up prior to goods being received. EFTPOS payment is only available to those paying and picking the order up from a HELL store.

4.2 Payment by credit card

If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made, and HELL will contact the Customer to make alternative payment arrangements. NEW customers who are paying for their delivery by credit card may be asked to provide up to 2 forms of identification. The said credit card and a photo ID, i.e. drivers license, passport for signature verification. Each time you load a credit and debit card into the HELL app or website, you authorize a temporary hold of NZD $0.01 against that credit or debit card. HELL is not responsible for and has no influence over, the time it takes for your bank to release the $0.01 hold. Please contact your bank if you have any questions. In general, this period is 7 days for Visa/Mastercard branded cards, and 14 days for American Express-branded cards. HELL reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

4.3 Adjustments

If a Customer is invoiced an incorrect amount for any Product ordered, HELL shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced. If you receive a charge from us that you believe is unwarranted or potentially fraudulent, please contact feedback@hell.co.nz immediately. We take such concerns very seriously and are committed to resolving them promptly.

4.4 Debt collection

The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.

4.5 Change to payment policy

HELL may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.

5. Delivery

5.1 Right to withhold delivery

HELL reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if HELL permits) or alternative delivery arrangements are made.

5.2 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 the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of The Depths LP shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of The Depths LP for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.

5.3 Accessibility and safety

Customers shall ensure that their Delivery Point is easily accessible to HELL's couriers, and that it is safe for those couriers to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. HELL reserves the right to charge Customers an additional delivery fee in respect of any deliveries repeated in accordance with this clause.

5.4 Change of address

The Customer shall notify HELL of a change to its delivery address.

5.5 Delivery deemed to have taken place

Subject to clause 10.5, if no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses 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.

5.6 Incorrectly or undelivered Products

If any Product delivered does not correspond with a Product ordered, the Customer may: (a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or (b) reject the incorrectly-delivered Product, in which case HELL will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered). If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), HELL reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, HELL reserves the right to charge the Customer for that Product. If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, HELL will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock HELL may cancel the order for that Product) (in each case without incurring any cancellation fee), and HELL will refund the value of the relevant Product (as at the date on which the Product was ordered). This clause does not apply to Products that have been substituted in accordance with clause 3.4.

6. Variation/cancellation of order

The Customer may vary or cancel the order up to the point in time that HELL has commenced cooking the order by contacting HELL (0800-666-111). If the Customer wishes to cancel the order after the order has been cooked and packed, the Customer will need to pay the full amount owing ‚ or as agreed with the franchisee. If you receive a charge from us that you believe is unwarranted or potentially fraudulent, please contact feedback@hell.co.nz immediately. We take such concerns very seriously and are committed to resolving them promptly.

7. Property / Risk

7.1 Products

Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.

7.2 Login

The Customer shall keep their Login details safe and confidential at all times.

8. Warranties

All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of The Depths LP other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of The Depths LP assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.

9. Liability and Indemnity

9.1 Product liability

The liability of The Depths LP 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 HELL's obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

9.2 No liability for indirect loss

No member of The Depths LP shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, the HELL website, or the delivery or failure to deliver any Products.

9.3 Product liability

Notwithstanding any other term, the Customer agrees to indemnify each member of The Depths LP against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of The Depths LP, arising directly or indirectly out of the Customer's use of the HELL website, any breach of these terms and conditions, or the delivery or failure to deliver any Products.

10. Intellectual Property

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphics and other material relating to the HELL website, HELL‚ online ordering system, the HELL brand, promotional items and its contents is owned by, and shall at all times remain the exclusive property of HELL, its licensors and the providers of any other products and services accessible through HELL Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any license of intellectual property rights to the Customer.

11. Force Majeure / Covering our evil ass

If the performance by HELL of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, acts of satan, 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, earth destroyed by god or other, flood, meteorite, termites, or any other dangerous mites, aliens, mankind, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of HELL), HELL shall be excused from such performance to the extent of such prevention.

12. Gift Vouchers

When paying with a gift voucher, the system will use all available funds available on the gift voucher.

If the order total is less than the voucher amount, the remaining balance will be available under the same voucher code.

If redeeming the voucher online or on the HELL app, you must enter the code at checkout or use the voucher saved in your account.

If redeeming the voucher in-store or over the phone, please have the unique code ready to read out to the person taking your order so it can be entered into the system.

Gift vouchers cannot be exchanged for cash, and cannot be used to pay for any orders containing alcoholic beverages.

Gift vouchers and promotional discount codes cannot be used in conjunction on the HELL iOS and Android apps.

Gift vouchers expire 12 months after purchase date.

On the date of expiry, any un-used credit remaining on the gift voucher is lost, and no refund is made to the owner of the voucher.

Consumer Guarantees Act

The Customer acknowledges that where the Products are ordered for business purposes (as the term "business" is defined in the Consumer Guarantees Act 1993 ("CGA")), the provisions of the CGA shall not apply to the sale of the Products by HELL. The Customer agrees that nothing in these terms and conditions 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 and conditions shall be read as modified to the extent necessary to give effect to that intention.