Terms & Conditions

Countdown Online Pharmacy Terms & Conditions


Introduction


These terms and conditions (“Terms”) for the Countdown Online Pharmacy are issued by GDL RX8 Limited (“Countdown Online Pharmacy”) and are effective from 1st July 2020.  Countdown Online Pharmacy is a New Zealand pharmacy licensed under the Medicines Act 1981 and has the following contact details:


Countdown Online Pharmacy

c/o Woolworths New Zealand Limited Support Office

80 Favona Road, Favona, Auckland 2024

Telephone: 09 525 2042

Fax: 09 525 2047

E-mail: penrose.pharmacy@countdown.co.nz


Pharmacy Manager: Eddie See


  1. Parts of these Terms


Your access to, and use of, this website and any mobile applications associated with it (together, our “Site”), including your order of products and medicines (together “Products”) through the Site, is subject to these Terms (which are split into three parts, Introduction, Specific and General), Countdown’s Privacy Policy and the Online Pharmacy Privacy Addendum.


Please note that separate terms and conditions apply to the:


  • Countdown Online Shopping website.  Those terms and conditions can be found here.

  • Onecard loyalty programme. Those terms and conditions can be found here.

 

  1. Prescription Only Medicines

Prescription only medicines are not available to purchase on this Site at this time.  We are working on being able to provide this service and will update the Site once this service is in place.


  1. Commercial Orders

This Site is designed to enable our Customers to easily purchase our Products for normal household or workplace office use. Unless otherwise agreed, you may not purchase Products through our Site for the purpose of resale. If we reasonably suspect that you are doing so, we may terminate your access to the Site, or we may refuse to fulfil any Order you place through our Site.


  1. Large Orders

For orders in excess of reasonable household or workplace office quantities (whether in respect of any one Product or the total size of the Order), we reserve the right to notify you of the increased Fulfilment Fee that we propose to charge, to reflect the actual cost of delivery, which would need to be agreed by you prior to delivery. Whether any Order exceeds a reasonable household or workplace office quantity or not will be determined by us in our absolute discretion.


  1. Acceptance of these Terms by using our Site

By using this Site you acknowledge that you have read, understood and accepted these Terms, Countdown’s Privacy Policy and the Online Pharmacy Privacy Addendum and agree to be bound by them.


From time to time we may update or revise these Terms. If we update these Terms, we will provide at least two weeks’ prior notice of the change by publishing our updated Terms on the Site. We may also take additional steps to bring the changes to your attention, including by notifying you directly. Your continued use of the Site after the Terms have been changed, indicates your acceptance of those changes. From time to time we may also update or revise our Privacy Policy or Online Pharmacy Privacy Addendum  in the same way, as set out in the links above.

Specific Terms and Conditions

Countdown Online Pharmacy Shopping


1. Price


1.1 Estimated price and actual price


The Order total shown in your “trolley” before you place your Order on the Site is an estimated total only. Your order confirmation email that we send you will also note your total estimated order value. You must pay us for the Products ordered at the price displayed as the total estimated order value at the time the Order is submitted, unless we notify you, at any time, that an error has been made in the price displayed. Subject to any error made in the display of prices, 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 picked and invoice is issued, except where:


i. some Products in your Order may not be available at the time of picking. We will contact you to suggest an alternative. If we do substitute at your request, we will try to replace the unavailable product with a similar product of equal or higher value, but we will only charge you at the price of the originally requested Product. Only as a last resort, will we substitute with a lower value product. In this case, we will charge you for the lower value Product;


ii. if we are not able to substitute, the final value of your Order may reduce from the estimated order value, as a result of us removing Products from your Order that are not available;


iii. we may provide you the option to make special requests for Products. If you have ordered any “specially requested items” that you otherwise have not or cannot add to your trolley as part of your shop, the final value of your Order may increase where we are able to supply you those Products, as the price for any “specially requested items” are only added to your Order total once we confirm they are available and have been picked for you.


iv. In these cases, any adjustments made to the total value of your Order will be communicated on the invoice which will be provided to you in hard copy with your Order when they are collected or delivered to you.

 

1.2 Delivery Fee


In addition to the price of Products ordered, you must pay Countdown a Fulfilment Fee for picking, packing and the delivery of your Order. The fee will be identified and included in the total price at the point of checkout. We may change this fee at any time. The following additional terms apply to the Fulfilment Fee:


i. the Fulfilment Fee may vary depending on your location, as different rates apply for rural or provincial orders; you can check this in our FAQ’s section here;


ii. if we choose to adjust the Fulfilment Fee, you will be contacted prior to the Order being ready for delivery, to confirm acceptance of the revised fee. Deliveries of such Orders will not be made unless and until this confirmation is obtained; and


iii. no member of the Countdown Group shall be liable to you for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.

 

1.4 Variation of Order and price


If you request a variation to the Order under clause 7.1 which Countdown accepts, then the price payable for the Order will be adjusted to reflect the variation and recorded on the invoice.


1.5 Trading hours


Trading hours are Mon-Fri, 8a.m to 5p.m. Orders placed before 3p.m will be delivered overnight to Auckland and North Island addresses (except Rural delivery). All other delivery areas will be 2-3 working days. Rural may take longer than these depending on location. All deliveries must be signed for and will not be left unattended if you are unable to receive your courier.


1.6 GST


Unless otherwise specified, the prices of Products are displayed in New Zealand currency and are inclusive of GST and any other sales tax.


1.8 Online Only Offers 


Pricing displayed on Products on the Site and marked as "Online Only Offers", can only be redeemed through Countdown Online Pharmacy and such pricing does not apply to the same products in pharmacies in physical Countdown stores, or Metro stores.


1.9 Savings or discounts


Prices shown with a saving or discount already include the saving or discount and are based on the non-promotional price (which excludes multibuy offers and Onecard Club Prices) that may vary between stores. Onecard Club Prices only apply when you use your Onecard. Onecard terms and conditions apply. Certain products (such as specific liquor, deli and bakery items) are not available in all stores. Some images are styled and are serving suggestions only, props not included. Offers available while stocks last.

 

2. Product availability, range, specials and quality

2.1 Product availability


We will do what we reasonably can to fulfil Orders placed on the Site, but no member of the Countdown Group shall be liable to any person if we are unable to, or decline, to supply a Product for any reason whatsoever, including at our Pharmacist's professional discretion.


2.2 Limit on quantities


We reserve the right to limit quantities able to be ordered by you, or delivered to you. If your Order is reduced in accordance with this clause, the price payable by you for that Order will be adjusted accordingly. In addition to our rights under clause C of the Introduction (Commercial Orders), we may delay dispatch of Orders that exceed reasonable household or workplace office quantities due to stock availability.


2.3 Product range


We reserve the right to limit the range of Products available to certain areas.


2.4 Specials and Promotions


Products on special or promotion are subject to availability while stocks last.


2.5 Product quality


If a Product was delivered to you in a damaged or spoiled condition (we may request photographic evidence of this), we will, at your request, refund the value of the relevant Product to you (as at the date on which the Product was originally ordered) and provide a further refund to enable you to replace the product on your next shop. You must contact us within 48 hours of delivery of the Product in order to make a claim under this clause.


2.6 Product labelling information


All Products that are “food” within Countdown Online Pharmacy, are sold in compliance with the labelling provisions of the Australia New Zealand Food Code. If the Product delivered contains labelling information that does not meet with your requirements (e.g. ingredients, allergens etc.), you may return any food products to your nearest Countdown Pharmacy or Supermarket for a refund, or replacement Product to an equivalent value, upon presentation of the Product and accompanying Online Pharmacy shopping invoice.

 

2.7 Personal Details


You acknowledge that  your personal details (including contact details) will be disclosed to Countdown Online Pharmacy and those details may be used by a Countdown Online Pharmacy pharmacist to contact you in respect of your request or order; 


2.8    Disclosures


Prior to having your Order confirmed by Countdown Online Pharmacy you will inform Countdown Online Pharmacy of the following in respect of you (if the Order is for you) or the person you are shopping for if you are making the Order on someone else's behalf (e.g a family member): 


  1. of all medicines and supplements (whether prescribed or over the-counter) you/they are taking;

  2. if you/they are pregnant; 

  3. if you/they have ever experienced an allergy to any medicine you/they have taken before e.g. swelling, breathing difficulties, rash and/or itch; and

  4. if you/they have ever had an adverse reaction to a medicine e.g. diarrhoea, vomiting, headache.

 

2.9    Contact


A Countdown Online Pharmacy pharmacist will contact you and/or your prescriber if there is any clinically significant interaction with your prescribed medicines.

 

3. Payment


3.1 Method of payment

You must pay us for the Products purchased by debit or by credit card. Countdown Online Pharmacy does not accept EFTPOS, cash, cheque, voucher or any other form of payment on the Site.

3.2 Payment by direct debit


We do not accept Direct Debit requests.

3.3 Payment by credit card


If your credit card payment is declined by your financial institution, delivery of the relevant Order will not be made. We reserve the right to refuse to accept payment from you by credit or debit card for any reason.

3.4 Adjustments

If you are invoiced and pay an amount that is higher than the final amount of your Order, we shall make the necessary adjustment to the invoice and refund any amount that may be due to you.


3.5 Debt collection


If you default in payment for any Order, you are liable for all costs associated with debt collection.


3.6 Change to payment policy


We may change at any time the way in which you need to pay for Products, and any change will be notified to you prior to the change coming into effect.


4. Delivery


4.1 Delivery areas


If a delivery suburb is listed in the registration area on the Site, this does not imply that we will deliver to all addresses within that suburb.


4.2 Right to withhold delivery


We reserve the right to withhold the delivery of any Products to you for any reason. You will not be charged for Products that have been withheld until alternative delivery arrangements are made for those Products.


4.3 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 your request, or at the request of any other person accepting delivery of the Products on your behalf, whether on any particular occasion or pursuant to a standing instruction or request, no member of the Countdown Group shall be liable for any direct or indirect damage or loss suffered by you or any third party in doing so. We shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on your behalf.


4.4 Accessibility and safety


You must ensure that the Delivery Point is easily accessible to our couriers, and that it is safe for those couriers to enter your premises in order to complete the delivery. Any animals on your premises should be under control or restrained to ensure the safety of our couriers. If, in the courier's reasonable opinion, the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and you will be contacted to make alternative arrangements. Countdown reserves the right to charge you an additional Fulfilment Fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to us are not reached, you will be deemed to have cancelled the Order, and may incur a $20 cancellation fee.


4.5 Change of address


You agree to notify the Countdown Customer Care Centre (0800-237 427) immediately of a change to your delivery address.


4.6 Delays to delivery


We will do what we reasonably can to deliver your Order within a reasonable period. Orders placed before 3pm will usually be delivered overnight to Auckland and North Island addresses (except Rural delivery). All other delivery areas will be 2-3 working days. Rural may take longer than these depending on location. All deliveries must be signed for and will not be left unattended if you are unable to receive your courier. Notwithstanding any other term, no member of the Countdown Group shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond our control or otherwise. If we consider that the delivery of your Order is likely to be substantially delayed, we may, but shall not be obliged to, contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may cancel the Order, without incurring any fee for doing so.


4.7 Delivery deemed to have taken place


Subject to clause 4.10 (Medicines ordered on this Site), if no person is present at the Delivery Point at the time of delivery, or if you or any other person fail or refuse to take delivery of the Products, a calling card will be left by the courier and the Products will be returned to the courier’s collection depot for you to pick up. If you do not think you have received your full Order, you need to advise us within 48 hours of delivery, otherwise you will be deemed to have accepted the Order. The non completion of a delivery in accordance with this clause will be at the sole discretion of the courier and/or Countdown. We reserve the right to charge you an additional Fulfilment Fee to re-deliver such Products. If you do not wish for any such Product to be re-delivered, we will refund the value of that Product (as at the date on which the Product was invoiced).


4.8 Incorrectly delivered Products


If any Product delivered does not correspond with a Product ordered please contact us immediately on 0800-237 427 and do not open or consume the Product.  


4.9 Undelivered Products


If you have been charged for a Product that has not been delivered, you may cancel the Order of such Product (or if the Product is out of stock we may cancel the Order for that Product) (in each case without incurring any cancellation fee), and we will refund the value of the relevant Product (as set out in the invoice). Alternatively, if the Product is in stock, we will, at your request, re-deliver that Product to the original address at no extra charge to you. The re-delivery timeframe will be in accordance with our normal delivery times. This clause does not apply to Products that have been substituted in accordance with clause 2.5 (Product Substitution).


4.10. Medicines ordered on this Site

 

You acknowledge and accept that:


  1. all deliveries will require a signature on delivery and cannot be left under any circumstances;  
  2. all delivery addresses must be a physical address in New Zealand.  PO Box or Private Bag addresses will not be accepted;
  3. you may choose a NZ Post Shop as a Parcel Collect location for your delivery address.  To use this service you must have a NZ Post account, create a Parcel Collect address and specify that address as your delivery address.  When collecting medicines from a Parcel Collect location you, or the person collecting the medicines, must have photo identification and state on request the Countdown Online Pharmacy order number;
  4. any person present at the specified delivery address (including any Parcel Collect location) at the time of the delivery is authorised by you to be your receiving agent and is acting on your behalf for the purposes of accepting delivery of the Products;
  5. Countdown Online Pharmacy reserves the right to refuse or cancel any medicine orders that Countdown Online Pharmacy believes, in its sole discretion, to be placed for commercial purposes or to have been placed fraudulently; and
  6. risk of loss or damage to any medicines will pass to you upon delivery of the medicines to your delivery address.

 

5. Variation/Cancellation of Order


5.1 Variation/Cancellation of Order

1.     You may vary or cancel an Order up to the point in time that we have commenced packing the Order by contacting the Customer Care Centre (0800-237 427).


2.     If you wish to cancel an Order after the Order has been packed, you may incur a $20 cancellation fee.


3.     If you wish to cancel an Order that the Site defines as “rural” or “provincial” (depending on your location and the Products in your Order) after the Order has been picked up by the courier, you may incur a $20 cancellation fee, additional fees associated to the cost of the courier delivery tickets used for the Order, and any subsequent costs associated for returning the Order to the pharmacy by the courier.


4.     If you wish to cancel an Order that the Site defines as a “metropolitan” Order (depending on your location and the Products in your Order) after the Order has been picked up by the courier, you may incur a $20 cancellation fee, and any subsequent costs and losses associated with returning the Order to the pharmacy by the courier.


5.     We may, at our absolute discretion, suspend or terminate your ability to purchase Products through our Site for any reason whatsoever.


6.     We may cancel any part of an Order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:


i.        the Products in that Order are not available; or


ii.        there is an error in the price or the Product description posted on the Site for the Product in that Order; or


iii.        we reasonably believe your Order has been placed in breach of these Terms.


7.     In the event of a cancellation by us, we will make reasonable efforts to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order.


8.     Where an Order is cancelled by us, we will make reasonable efforts to notify you of the cancellation. You will receive a refund of the value of the Order.


9.     No costs are payable to register to use Countdown Online Pharmacy Shopping, but you are responsible for any costs incurred in using Countdown Online Pharmacy Shopping, including any charges imposed by your internet service provider.


6. Property/Risk


6.1 Products


Products ordered through Countdown Online Pharmacy are at our risk until delivered to you to the Delivery Point.   Once delivered, ownership and risk in the Products passes from us to you.


6.2 Sign in


You agree to keep your Sign in details safe and confidential at all times. You are liable for every Order made under your Sign in.


General Terms and Conditions

1.     Application of these General Terms: The General Terms, together with the Introduction and Specific Terms, apply to use of this Site. If there is any inconsistency between the parts of these Terms, then they should be read in the following descending order of priority:

  1.  Specific Terms

  2.  General Terms; and

  3.  Introduction.

2.     Countdown discretion to accept registration: We have the discretion to refuse the registration of a potential Customer to our Site for any reason whatsoever.

3.     Site content: While we have endeavoured to ensure that the information we have provided on the Site is free from error, it is provided "as is" and "as available" and without warranties of any kind either express or implied. We do not warrant the accuracy, currency or completeness of the information on the Site or that the Site is error free or suitable for your intended use. We do not warrant that the Site or the server that makes it available are free of viruses or other harmful components and we shall not be responsible or liable for any error in, or omission from, the information we have provided on the Site except as required by law. We reserve the right to make changes to the information provided on the Site at any time and without notice.

4.    Changes to our Site(s): You acknowledge that we may provide updates, upgrades, patches and other modifications to our Site(s) (together “Updates”). Some of these Updates will occur automatically (e.g. if you use Countdown Online Shopping to order your Products) while other Updates may require you to implement them (e.g. if you use the App). You may also be required to update or upgrade the device, and/or the operating system or other software on that device (for example, your internet browser) (together “Hardware or Software”), in order to continue to use our Site(s). Updates will normally be provided at no cost, unless we otherwise specify. You will be responsible for implementing any Hardware or Software Updates and all associated costs. We may at any time modify, discontinue or restrict access to our Site(s) (or any part of it), temporarily or permanently with or without notice to you. You agree that we will not be liable to you or to any third party for any modification to, discontinuance of, or restriction of access to, our Site(s).

5.     Use of the Site: You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You may download the information on the Site for your own personal use but otherwise neither the Site, nor any material on it, may be scraped, copied, altered, modified, reproduced, transmitted or distributed without our prior written consent. Your use of the Site will not create, nor will you represent to have, any interests or rights in our intellectual property. You agree that you will not interfere with any other party's use and enjoyment of the Site, or damage the operation of the Site, or our systems or those of other persons who use the Site, whether by way of a virus, corrupted file, any other software or program, or otherwise. We reserve the right to suspend your use of the Site where we consider that you may have breached these Terms or the law.

6.     Links to and from other websites: Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by us. We do not monitor the content of any other websites and are not liable or responsible in relation to any content on them.

7.     Onecard: Onecard points or AA Smartfuel discounts can be earned when shopping through Countdown Online Pharmacy only when your registered Onecard number is added to your online pharmacy account. You can also view your Onecard points balance and/or your AA Smartfuel discounts, if you Sign in on either the Online Shopping Site or the App. Onecard Club Prices apply when you purchase selected items through Countdown Online Pharmacy and have entered your Onecard number to your account. If you wish to become a member of our Onecard programme or use a Onecard, conditions apply in addition to these Terms. Those Onecard terms and conditions may be viewed here and the AA Smartfuel Terms and Conditions may be viewed here.

8.     Hyperlink: You agree that you will not create a hyperlink to this Site without our express written permission. If you do create a hyperlink to this Site, you are responsible for all losses that we may suffer as a result of that link, whether direct or indirect. Linking to this Site is at your own risk. You may not frame any part of the Site content by including advertising or other revenue generating material.

9.     Security of information: We will use our reasonable endeavours to prevent any unauthorised entry into our Sites. However, no member of the Countdown Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into our Sites.


Why are our Sites (including Countdown Online Pharmacy) safe?

  1.         Safe technology systems - we use an internationally recognised 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 Countdown's firewalls, so that your personal details are not accessible from the internet by any third party.

  2.         Safe payment systems - Countdown uses "Windcave" to securely authorise credit card payments before any charges are made. For further information regarding "Windcave" and how it encrypts and processes transactions, please visit the Windcave website.

  3.         Alternate methods of payment - If you do not wish to use your credit card to pay for orders you place at Countdown Online Pharmacy, you have the option to set up payment by direct debit. The option of using your credit card will remain available to you.

10.   Website analysis tools: We use the services and/or software of the companies listed below to improve the Site and analyse its effectiveness. In order for some of this to occur a small piece of code is placed on each page which counts statistics, such as the number of visitors per day, or the number of pages requested per day. This non-personal information gained is aggregated by these companies and enables us to measure activity within our Sites which in turn is used to continually improve our Sites and our service to our customers. Countdown does not warrant the accuracy or correctness of this data. For further information on our Cookie Statement, please click here.

  1. Nielsen is viewed as a leader in the Internet industry for its interactive measurement technologies and market research and its technologies are viewed as being robust and standard. For further information about Nielsen//NetRatings click here.

  2. Google is viewed as a leader in the Internet industry for its interactive measurement technologies and market research and its technologies are viewed as being robust and standard. For further information about Google click here.

  3. VWO is viewed as a leader in the Internet industry for A/B testing and heat mapping and its technologies are viewed as being robust and standard. For further information about VWO click here.

  4. Lotame is viewed as one of the leading data management platform providers, used for segmenting customers into audiences for promotional purposes. For further information about Lotame click here.

11.   Intellectual property rights: We grant you a non-exclusive, non-transferable, revocable right to access and use our Site solely for your personal use and on a device that you own and/or control, all on the terms and conditions set out in these Terms. All right, title and interest in all intellectual property rights in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and shall at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible on the Site, and is protected by New Zealand and international law. Such intellectual property rights would be owned by us even if you provide certain ideas or concepts to us for the Site or our Services, which we have then developed or adopted. In such a case you agree to assign any of your intellectual property rights in those elements to us. Nothing in these Terms shall constitute a licence of intellectual property rights to you.

12.   Exclusion of liability and indemnity: To the fullest extent permitted by law, we shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Site. All representations, terms, warranties, guarantees or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded to the fullest extent permitted by law. Such exclusions apply to Countdown, its related companies, and directors, officers, employees or agents of Countdown or its related companies, as the context requires. You agree to indemnify us against all liabilities, losses, claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of your use of the Site, or any breach of these Terms.


13.   Warranties: We make no representation or warranty of any kind, express or implied, as to the operation of the Site or the accuracy of information, content, materials or products included on the Site, except as otherwise provided under applicable New Zealand law, including any provisions in the Consumer Guarantees Act 1993 ("CGA") and Fair Trading Act 1986 (“FTA”).

14.   Liability and Indemnity: The provisions contained in this clause 14 are subject to clause 13 (Warranties) to the extent applicable.

  1. Product liability: Subject to any statutory rights available under law, including under the CGA, the Countdown Group shall not be liable, 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 Countdown's obligations under these Terms.

  2. No liability for indirect loss: No member of the Countdown Group shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, Countdown Online Shopping, or the delivery or failure to deliver any Products.

  3. Indemnity: Notwithstanding any other term, you agree to indemnify each member of the Countdown Group against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of the Countdown Group, as a result of any breach by you of these Terms, or caused by you.

15.   Consumer Guarantees Act: You acknowledge and agree that:

  1.  where the Products are ordered for business purposes (as the term "business" is defined in the CGA), the provisions of the CGA shall not apply to the sale of the Products by Countdown; and

  2. nothing in these Terms 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 shall be read as modified to the extent necessary to give effect to that intention.

16.   Competitions and Promotions: Competition terms and conditions can be found associated with each promotion on our competitions page. Where a qualifying spend is required, Fulfilment Fees, are not included in qualifying spend. Subject to any rights of consumers under New Zealand law, we may cancel, terminate, modify or suspend any promotion or promotion terms and conditions at any time and for any reason before the end of the promotional period.

17.   Consent to Receiving Messages and Direct Marketing: When you register to use our Site your name and contact details will be added to our customer database, and you consent to receiving messages from us from time to time. Any personal information you provide to us will be collected, held and used in accordance with our Privacy Policy and the Online Pharmacy Privacy Addendum. If you provide us with your mobile number, we will send you a text message and/or a push notification when your Order has been delivered. We may send you messages about promotions available at Countdown. We may also send you messages asking you if you wish to respond to market research and surveys. All electronic communications from us (except for communications confirming your Order or otherwise about your Order and your ongoing use of our Site(s)) will contain an unsubscribe function if you no longer want to receive messages from us. If you unsubscribe we may not be able to provide you with some of the Countdown services that are available.

18.   Force Majeure: If the performance by Countdown of its obligations under these Terms is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, 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, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Countdown) Countdown shall be excused from such performance to the extent of such prevention.

19.   No waiver: Failure on the part of Countdown to enforce any of these Terms shall not be construed as a waiver or as a waiver of Countdown’s right to enforce these Terms at a later date.

20.   Governing law: New Zealand law governs the use of the Site and these Terms.

21.   Definitions: Capitalised terms not otherwise defined in these Terms have the meanings set out below:

"AA Smartfuel" means AA Smartfuel Limited.

“App” or “Countdown App” means the Countdown application available for downloading to mobile electronic devices, which provides a range of services to make it easier to shop at Countdown.

“CGA” means the Consumer Guarantees Act 1993.

"Countdown" means GDL RX8 Limited (in relation to the Countdown Online Pharmacy Site and the pharmacy operations) and in all other cases, Woolworths New Zealand Limited.

"Countdown Group" means Countdown, its related companies, and directors, officers, employees or agents of Countdown or its related companies.

"Countdown Online Pharmacy Shopping" means this Site by which Products are offered for sale online by Countdown to a Customer.

"Customer" means you and all other persons who purchase the products under your Sign in, and, as the context requires, includes any person browsing Countdown Online Shopping who is not registered to use Countdown Online Shopping.

“Delivery Fee” has the same meaning as the Fulfilment Fee.

"Delivery Point" means an outside area of the Premises, such as your front door, or any particular outside area specified by you 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. For customers who live rural, the delivery point may not be the residence stated.

“FTA” means the Fair Trading Act 1986.

"Fulfilment Fee" means the fee you as the Customer must pay to have your Order picked, packed and/or delivered and may also be referred to as "delivery fee" or “pick up fee”.

"GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

"Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trade mark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.

"Metro stores" means the smaller format stores owned and operated by Woolworths New Zealand Limited, which are not Countdown supermarkets and offer a unique range of food and groceries that is specifically tailored to their community.

"Onecard" means the Onecard loyalty programme used within our supermarkets.

“Order” means any order for a Product or Products submitted using the Site;

“Personal Shoppers” are our team members that have been trained to select Products as if they were shopping for their own families.

"Premises" means the premises at the address specified by you on your registration application, as amended from time to time.

"Products" means the products for sale in Countdown Online Shopping.

“Restricted Products” means any Product that requires a form of identification proving age before sale.

"Sign in" means signing in to the Sites, by providing the required sign in information.

“Site” means the Countdown Website at www.countdown.co.nz; the Countdown Online Shopping Website at https://shop.countdown.co.nz; the Countdown mobile application (App); the Countdown Scan&Go App and any other digital services provided by Countdown from time to time.

"us", "we" or "our" are references to Countdown, its related companies, and directors, officers, employees or agents of Countdown or its related companies, as the context requires.