FOR TERMS AND CONDITIONS RELATING TO OFFERS, PROMOTIONS OR COMPETITIONS, PLEASE VISIT THE OFFERS PAGE
You agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Without limiting the foregoing, you agree that you will not use the Site:
(a) to spam or otherwise send unsolicited messages;
(b) to collect information about others without their consent;
(c) to transmit, upload or post any material that contains viruses or any other harmful programs or code;
(d) to transmit, upload or post any material that is obscene, vulgar, offensive, defamatory or otherwise inappropriate, or that breaches any laws including intellectual property or privacy rights;
(e) to interfere with or disrupt this Site;
(f) to interfere with any other person’s use or enjoyment of the Site;
(g) to attempt to gain unauthorised access to any services or information; or
(h) otherwise in any illegal manner.
Krispy Kreme has used its best endeavours to ensure that the information contained on or accessed through this Site is accurate and up-to-date. However, to the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), Krispy Kreme makes no warranties or representations about the accuracy, correctness, reliability or completeness of the information provided and does not accept responsibility for any error, omission or defect in the information.
All materials and content on the Site, including, without limitation, text, images, photos, illustrations, graphics, designs, names, logos, trademarks, service marks, trade names, software, audio clips and sound recordings, video clips and video recordings, music and the selection and arrangement thereof are the property of, or used under licence by, Krispy Kreme and are subject to copyright and other intellectual property protection.
This Site contains commercially sensitive and valuable information which is both confidential and protected by copyright. Brands, logos, images and taglines are registered or unregistered trade marks owned or used under licence by Krispy Kreme.
Permission is granted to you to view content as a visitor to this Site. You may download and save a temporary copy of material from the Site for the limited purpose of viewing the Site for personal use or procuring products from the Site. Any other use of the materials and information on this Site, including reproduction for any purpose, modification, distribution, republication, adaptation, or commercial exploitation, without our prior written permission, is strictly prohibited.
To the fullest extent permitted by law, (and save as otherwise expressly set out in these Terms), Krispy Kreme, its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the Site, including but not limited to such loss, damage or injury arising out of the following:
(a) using this Site;
(b) purchasing and/or using any product(s) from the Site;
(c) any errors or omissions from any information on this Site including typographical or photographical errors;
(d) any technical malfunction, error, omission, interruption, interference, communications line failure, deletion, defect, delay, virus, bug, tampering, theft or destruction or unauthorised access to the Site;
(e) any injury or damage to any person’s computer related to accessing or downloading any materials from this Site; or
(f) a failure or omission on the part of Krispy Kreme to comply with its obligations under these Terms.
To the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), Krispy Kreme:
(a) does not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained on the Site, or the accuracy, reliability or completeness thereof; and
(b) expressly disclaim all representations and warranties, express or implied, with respect to the products advertised or otherwise featured on this Site.
To the fullest extent permitted by law (and save as otherwise expressly set out in these Terms), Krispy Kreme assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorised intervention, fraud, technical failures, theft or destruction, or unauthorised access to or alteration of any information provided by a website user.
You hereby waive, release and hold harmless Krispy Kreme, its directors, employees, agents and representatives from and against any and all actions, claims, suits, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) that you may have or would have had in connection with, or arising out of, or incidental to, your access to or purchase from this Site and your use of any products advertised therein (save as otherwise expressly set out in these Terms).
Consumer protection laws such as the New Zealand Consumer Guarantees Act imply certain guarantees into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms. Nothing in these Terms excludes, modified or limits such statutory guarantees. Save as otherwise expressly set out in these Terms, if Krispy Kreme breaches any such statutory guarantees then its liability for the breach is, where permitted by law and at Krispy Kreme’s election, limited to:
(a) in the case of goods — the repair or replacement of the goods, or supply of equivalent goods, or payment of the cost of doing this; OR
(b) in the case of services — the re-supply of the services or payment of the cost of doing this.
You indemnify Krispy Kreme, its directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using this Site and/or purchasing and using any product(s) advertised on the Site.
Termination of Site
Krispy Kreme reserves the right to modify or suspend services on this Site, to discontinue or terminate any or all parts of the Site, to update, edit and remove contents of the Site, or to terminate your ability to purchase products from the Site at any time without notice. In this event, the liability and indemnity provisions provided in these Terms will survive such termination, and all rights of Krispy Kreme granted herein are otherwise reserved.
These Terms shall be governed by and construed in accordance with of the laws of New Zealand. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New Zealand, and the courts that may hear appeals from them.
If any provision of these Terms shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
For Terms and Conditions regarding Online Ordering on this Site, please see the Online Ordering Information page, which forms part of these Terms.
COLLECT IN-STORE - SAME-DAY
You will be able to select Same-Day Click and Collect from our Same-Day Pick-Up Menu.
Same-Day Click and Collect is powered by Mobi2Go. During the checkout process via the Same-Day Click and Collect Menu, you will be able to select the time at which you would like to collect your order - up until the end of trade of your chosen store on the same day as your purchase.
Your order will be fulfilled from the Krispy Kreme Doughnut Store of your chosing, at the time selected, the doughnuts will be packed from the variety available in store at the time of purchase subject to availability.
Our doughnuts are perishable goods and need to adhere to shelf life standards. Should your order remain uncollected by the end of the business day of your nominated collection store, your order will be disposed of accordingly and may not be collected.
If collecting in-store, the following payment methods are available to you to confirm your order:
(a) Pay online using Visa, Mastercard, AMEX
Payment must be made to confirm your order. Payment upon collection is not available.
COLLECT IN-STORE - Pre-Orders
You will be able to select Collect-in-store during the checkout process free of charge. Your order will be pre-produced, and pre-packed from our central production location on your collection date, after which it will be sent to the Krispy Kreme Store of your choosing, on the commitment date selected by you at check out.
If you select to collect-in-store from your nearest nominated store, your order will be available to collect within the store’s operating hours which you can find on our stores page.
Collect-in-store is not available at Bp-Connect
Our doughnuts are perishable goods and need to adhere to shelf life standards. Should your order remain uncollected by the end of the business day of your nominated collection store and date, your order will be disposed of accordingly and may not be collected.
As your order is Made-To-Order, and is pre-packed and labeled for your collection, we are unable to onsell, or hold beyond the collection date commitment you have made at check out - you order. Krispy Kreme is not responsible for losses incurred due to an order remaining uncollected.
Any and all issues with your order must be raised with Krispy Kreme via KK2YOU@krispykreme.com.au within 24 hours of your collection date.
Your order confirmation email and invoice will articulate your collection date and is confirmation that your order will be in store on this date for your collection.
If collecting in-store, the following payment methods are available to you:
(a) PayPal Express, VISA, MasterCard, AMEX
Order must be placed by 5pm one day prior to the collection date. If you require product on the day, purchases must be made via our Same-Day Pick-Up Menu. Any Order placed through our pre-book Online Store can not be collected on any other date other than that selected during check out and confirmed on your order confirmation email.
CHANGES AND CANCELLATIONS
All order changes or cancellations must be made by 3pm the working day prior to the collection date.
Subject to any applicable laws, we may cancel your order if:
(a) any payment by you is cancelled, dishonoured or reversed; or
(b) we have inadvertently displayed any errors on the Site, including but not limited to incorrect prices, descriptions or illustrations or typographical errors, and these errors are relevant to your order;
(c) the Site has indicated that products are available when they are not; or
(d) you do not or have not fully complied with these Online Ordering Terms and Conditions.
For Mix your own dozen orders, if a doughnut is not available we will replace that doughnut with the closest matching doughnut. If you order a Limited Time Only dozen for a collection date after the last production date for that Limited Time offer, we will substitute that Limited Time Only dozen with an assorted dozen.
Krispy Kreme may change or withdraw its product offerings on this Site, if any, at any time. If you receive an email confirmation of an order, it does not constitute acceptance of an order or confirmation of an offer to sell. Krispy Kreme reserves the right, without prior notice, to limit the order quantity on any item or to refuse to fulfil any order for any reason.
SECURITY AND RISK
Krispy Kreme processes credit card transactions using e-commerce protocols and technology that are standard on the Internet. Krispy Kreme utilise a SSL certificate and Braintree security authentication. Nonetheless, Krispy Kreme cannot guarantee that it will be successful in preventing unauthorized access or tampering with the Site or its files.
Risk of loss and title for the product(s) pass to you upon dispatch from our Krispy Kreme store to the delivery carrier.
CUSTOM DOUGHNUT ORDERS
1. Custom Order Requests:
1.1 We offer the following customisation options for our doughnuts:
a) Icing Colours: Available icing colours are listed on our website. Colours are subject to availability.
b) Drizzle Colour: Available drizzle colours are listed on our website. Colours are subject to availability.
c) Sprinkles: Available sprinkles colours are listed on our website. Colours are subject to availability.
d) Edible Logos: Edible Logos are an additional cost and final pricing will be provided upon quote request.
1.2 Order Approval and Quote:
a) Submitting the custom order form does not guarantee confirmation of the order. All custom orders are subject to approval from our doughnut tailors.
b) Upon receiving approval from our doughnut tailors, we will send a quote form detailing the final cost, including any applicable fees for requested customisations
1.3 Edible Logo Requests: (Currently Unavailable)
a) Edible logos are provided by our third-party supplier and are printed on 5cm circle edible logos.
b) To ensure optimal printing quality, we recommend that customers provide images with a resolution of 300dpi or a size of at least 500kb.
c) Accepted image formats for edible logos include jpg, gif, and png.
d) Our third-party supplier endeavours to match colours as closely as possible, but due to the nature of the material, exact colour matching cannot be guaranteed.
e) 'Hot/bright/ultra' colours may print darker than expected, and customers should be aware of this possibility.
1.4 Edible Logo Review and Approval: (Currently Unavailable)
a) All edible logo images provided by customers are subject to reviewal prior to print.
b) We reserve the right to decline printing any material that is harmful, defamatory, or violates any applicable laws or regulations.
c) Customers will be notified if their edible logo image is deemed inappropriate or unsuitable for printing, and an alternative image may be requested.
d) As part of customised orders, the customer agrees to provide Krispy Kreme with all necessary licensing and permissions required for the use of any logos or other intellectual property provided for use in connection with the customised order request. Krispy Kreme shall not be responsible for any loss, damage, or legal liability arising from the use of any unauthorized logos or intellectual property in connection with the customised order request, and the customer agrees to indemnify, defend, and hold Krispy Kreme harmless from any and all claims, damages, and expenses arising from any unauthorized use or licensing of such logos or intellectual property.
1.5 Lead Times, Approval, and Payment:
a) For non-logo doughnuts, we require a minimum of 14 (fourteen) days lead time from the date of your order request.
b) Approval and payment are required at least 10 (ten) days in advance for non-logo doughnut orders to secure the production slot.
c) For logo doughnuts, we require a minimum of 28 (twenty-eight) days lead time from the date of your order request.
d) Approval and payment are required at least 14 (fourteen) days in advance for logo doughnut orders to provide us with sufficient notice for the acquisition of the edible logo.
a) Full payment for custom doughnut orders is required 10 (ten) days prior to the scheduled delivery or collection date.
b) Payment can be made via credit card or Bank Transfer.
c) Orders with payment not received 10 (ten) days prior to the delivery/collection date will not be fulfilled and will be automatically cancelled
1.7 Order Changes or Cancellations:
a) Changes to custom doughnut orders can only be accommodated with at least 7 (seven) days’ notice prior to the scheduled delivery or collection date and are subject to approval.
b) Cancellations made with less than 7 (seven) days’ notice are only eligible for a partial refund, excluding any costs incurred during the preparation process.
c) Cancellations received with greater than 7 (seven) days’ notice are eligible for a full refund, excluding any costs incurred during the preparation process.
a) Our doughnuts contain the following allergens: Wheat, Egg, Milk, and Soy.
b) Our doughnuts may contain traces of: Peanuts, Tree Nuts, Lupin, and Sulphites.
a) Colour Variations: While we make every effort to match the colour options presented on our website and the mock-up doughnuts we send, please note that as all our colours are hand mixed, slight variations may occur.
b) Colour Customisation: Currently, we are unable to offer further customisation of the available colours. For instance, as we offer a light pink, we cannot create a specific shade like magenta.
c) Limited Customisation: Our customisation options are limited to the icing, drizzle, sprinkles, and edible logos. We regretfully cannot accommodate requests to customise the glaze or the dough itself.
d) Doughnut Base Recipe: We cannot make any changes to our doughnut base recipe. This is to ensure consistent quality and safety for all customers.
1.10 Approval and Confirmation:
a) Before the production of the custom doughnut order, we will provide customers with a mock-up image showcasing the selected customisation elements.
b) Customers are required to review and approve the mock-up image to ensure all details are accurate.
c) Once the customer provides their approval, the order will be processed and cannot be altered or cancelled.
1.11 Refunds and Returns:
a) Refunds or replacements will only be provided for custom doughnut orders in case of errors or defects on our part.
b) Customers must notify us of any issues with their order within 24 hours of the delivery or pickup.
c) Photographs or evidence may be required to verify the reported issue.
d) We reserve the right to assess each case individually and determine the appropriate course of action.
1.12 Prohibited Content:
a) We will not print any material that is harmful, defamatory, discriminatory, or violates any applicable laws or regulations.
b) All edible logos are subject to reviewal prior to print to ensure they meet our content guidelines.
By placing a custom doughnut order, you acknowledge that you have read, understood, and agreed to the terms and conditions stated above. These terms and conditions are subject to change without prior notice. For any questions or clarifications, please contact us at 9869 2235
PRODUCTS, PRICES AND ORDERS
All products advertised on the Site are subject to availability. Products are available only in the styles and colours displayed or as otherwise indicated. We endeavour to ensure that the products and descriptions of them on the Site are accurate. We do not, however, promise or represent that the Site is accurate or free from errors or omissions and we reserve the right to make any necessary corrections. Please be aware that colours appear differently on different monitors.
The price payable for any product(s) is the price specified on the Site at the time of placing the order, in New Zealand dollars and inclusive of goods and services tax (GST). Prices displayed on the Site may change at any time. All transactions are processed in New Zealand dollars (NZD).
You acknowledge that, by placing an order, you are agreeing to pay for and arrange collection of the product(s) ordered at price specified on this Site at the time you place your order.
RETURNS AND GUARANTEE POLICY
In addition to the rights and remedies you may have as a consumer under relevant law including the Consumer Guarantees Act, Krispy Kreme offers you the following benefits under our Returns and Guarantee policy:
We endeavour to supply high quality and fresh doughnuts.
You need to inspect the product(s) immediately upon receipt at your nominated store. If the product(s), when initially received by you, is damaged or faulty, or if there is a shortfall or error in your order, you must inform the store team member immediately. If the product(s), when initially received by you but reviewed after leaving the store, if there is a fault, or shortfall, or error in your order, you must contact our Head office within 24 hours of receiving the product, either via phone call or, if it is outside of office hours, via email to firstname.lastname@example.org or our contact form on our website, and provide the following details:
(a) your full name, address, telephone number (during business hours) and email address;
(b) your order number;
(c) a detailed explanation of the fault, error or reason for the return; and
(d) clear photographic evidence of the fault, error or reason for the return.
You do not have to return faulty products to us.
Once you submit your claim, if we assess that your product(s) when given to you were in fact faulty, crushed, damaged or were not satisfactory due to deterioration, we will, at our option:
(a) replace the product(s) with an identical product or a product(s) of equivalent value and specifications for collection from your prefered, participating Krispy Kreme Store; or
(b) refund the purchase price for the faulty product(s).
Once you submit your claim, if we assess that there was a genuine error or shortfall with your order, we will take all reasonable steps to correct the error or shortfall.• Returns will not be accepted by Krispy Kreme if:
(a) the fault or damage to the product(s) has been caused by accident or by misuse by either you or a third party; or
(b) the product(s) has been modified or tampered with in any way by you or a third party. Krispy Kreme has various tampering detection methods in place.
Subject always to your rights under applicable laws including the Consumer Guarantees Act, we reserve the right to refuse claims under this Returns and Guarantee policy in our discretion with regard to various factors including, without limitation, loss or damage not caused by us, improper or inadequate care, insufficient proof of fault, error or reason for the return or unreasonable delay.
We do not allow returns for a change of mind.
This Returns and Guarantee policy applies to online orders only, including same-day click and collect, and click and collect orders booked in advance.
Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. These rights may be available beyond the 24-hour time frame specified above for our own Returns and Guarantee policy.
Contacting Krispy Kreme New Zealand:
Krispy Kreme New Zealand Limited, NZBN - 9429042115465
Physical Address: 639 Great South Road, Manukau, Auckland 2104
Phone Number: 0800 557 363