Marlborough Oysters and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Marlborough Oysters, you accept these conditions. Please read them carefully. In addition, when you use any current or future Marlborough Oysters service or visit or purchase from any business affiliated with Marlborough Oysters, whether or not included in the Marlborough Oysters Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
We ship within South Island, New Zealand ONLY
- We aim to deliver your goods each Friday if the online order is submitted by the Sunday prior at 6pm.
- During December and holidays periods when we experience a high volume of orders, please allow additional days in transit for delivery. If there is a significant delay with your order, we will contact you via email or telephone.
Please allow additional delivery times of up to five business days if your order is placed within two days of the following public holidays:
- New Year’s Day
- Waitangi Day
- Good Friday
- Easter Monday
- ANZAC Day
- King’s Birthday
- Matariki
- Labour Day
- Canterbury Anniversary
- Christmas Day
- Boxing Day
Delivery delays
- Delivery delays can occasionally occur due to high rainfall and closures in the Sounds. If there is a significant delay with your order, we will contact you via email.
Purchasing from overseas - Kindly note that to be able to purchase and complete a payment from overseas, you will have to enter a New Zealand billing address.
- We are only able to deliver orders within the South Island, New Zealand.
Electronic Communications
When you visit Marlborough Oysters or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You 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.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Marlborough Oysters or its content suppliers and protected by international copyright laws.
The compilation of all content on this site is the exclusive property of Marlborough Oysters and protected by international copyright laws. All software used on this site is the property of Marlborough Oysters or its software suppliers and protected by international copyright laws.
License and Site Access
Marlborough Oysters grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Marlborough Oysters.
This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Marlborough Oysters.
You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Marlborough Oysters and our affiliates without express written consent.
You may not use any meta tags or any other “hidden text” utilizing Marlborough Oysters’ name or trademarks without the express written consent of Marlborough Oysters.
Any unauthorised use terminates the permission or license granted by Marlborough Oysters.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Marlborough Oysters so long as the link does not portray Marlborough Oysters, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any Marlborough Oysters logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Marlborough Oysters does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Marlborough Oysters only with involvement of a parent or guardian.
Marlborough Oysters and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Copyright Complaints
Marlborough Oysters and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
Risk of Loss
All items purchased from Marlborough Oysters are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY MARLBOROUGH OYSTERS ON A “AS AVAILABLE” BASIS. MARLBOROUGH OYSTERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARLBOROUGH OYSTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARLBOROUGH OYSTERS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MARLBOROUGH OYSTERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARLBOROUGH OYSTERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting Marlborough Oysters, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Marlborough Oysters or its affiliates.
Disputes
Any dispute relating in any way to the products you purchase through Marlborough Oysters website shall be submitted to confidential arbitration in Blenheim, New Zealand, to the extent you have in any manner violated or threatened to violate Marlborough Oysters’s intellectual property rights, Marlborough Oysters may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, posted on this site. These policies also govern your visit to Marlborough Oysters. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.