Terms and Conditions

We (Old Bank Cafe & Bar Ltd  trading as Old Bank Eats) provide our ordering and delivery services to you subject to the following terms and conditions together with our separate privacy policy. By using this website you agree to be bound by these terms and conditions and our privacy policy. If you do not agree to be bound by these terms and conditions and our privacy policy you must not access or use this website immediately.

We may from time to time amend, update or change this website, including these terms and conditions, at any time without notice.

Where we service

Our services are available in the following delivery areas. Timaru Zone – (see map)

Age

You must be over 16 years of age to use our services unless you have parental consent.

Availability

Our services are only available in the Timaru area. We have a specific delivery radius that we currently deliver to. This includes, and is limited to, all of the Timaru CBD, the whole of Redruth, Kensington, Watlington, Parkside, Seaview, West End, Maori Hill, Glenwood, Marchwiel, Washdyke and Gleniti.

All customers using Old Bank Eats confirm that they fall within our delivery radius when entering their address on the ordering page.

We at all times endeavour to ensure that our list of available items is correct. However, due to unforeseen circumstances, all listed items are subject to availability.

If any ordered item is unavailable we will immediately contact you and you can elect to either:

    • Select a new item as a substitution so as to continue with the immediate order;
    • Cancel your order

You order is also subject to our hours of business.

Old Bank Eats is only available during the hours of 4.00pm – 8.00pm. You are welcome to pre-order and select a time between 4 – 8 for preferred delivery.

Sale of Alcoholic Products

We do not offer or promote the delivery of any alcoholic products as part of our services.

Payment

The contract for the supply of items you order through us is with OLD Bank Eats.

Payment for the ordered items together with our delivery service is made to us immediately on delivery.

Payment may be made in cash or via Eft-POS to the delivery person.

The price of any item is liable to change at any time, but such changes will not affect your immediate order.

Please note that the final amount payable for ordering items through our website will additionally include our delivery service fees and will be inclusive of GST.

Cancellation

Once you have confirmed your order through our website no changes or cancellations can be made. The ordered items will be charged for and delivered and, where appropriate, cash or card payment will be required.

Delivery

Please ensure that all contact details provided to us are correct so that we can ensure delivery. If we are unable to contact you at your property upon delivery we reserve the right to leave shortly after attempting to contact you via telephone and otherwise making our presence known at your property.

As our service relies on trusting our customers, bogus orders, or non-payment is likely to have your name and address added to our list of people we do not accept orders from. In the event that this happens through no wrong-doing on your behalf, you need to contact Old Bank Eats to discuss.

We cannot guarantee a specific delivery time but will use our best endeavours to deliver to you as soon as possible within 30 minutes of receiving your completed order. However, depending on the time of day, please allow for longer. In these circumstances we will endeavour to call and notify you first of any delays. If you are not satisfied with the length of time taken to complete delivery, please contact us.

We will not be liable for any delays or non-performance arising from any cause beyond our control including, without limitation, war, fire, flood, earthquake, riot or governmental act.

Liability

In the event that our restaurant overlooks an ordered item, or if in our view the ordered item is not fit for delivery, and this becomes apparent upon our collection of the ordered items, we will immediately contact you and you can elect to either:

  • Confirm that you would still like the ordered item notwithstanding that it will take longer to be delivered;
  • Select an item of the equivalent value to the unavailable item in substitution so as to continue with the immediate order;
  • Cancel your order

If you are not satisfied with our services please contact us.

We are not responsible in the event of any allergic reactions to ordered items. If you have any concerns in this regard please contact us directly prior to placing your order.

To the extent permitted by law we provide our services and content on an “as is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our services and the items available through our services, or that our services will be timely, free from error or that errors will be corrected.

To the extent permitted by law, Old Bank Eats shall not have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or inability to use our services. In the event that we are found to be liable to you our total aggregate liability is limited to the final price of the items paid for in your order.

You agree to indemnify us and hold us harmless from any loss, liability, damage, claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of our website and our services.

Intellectual Property

We are the owner of, or the licensee of, all intellectual property rights in our website and our services. These works are protected by trademark and copyright laws and all such rights are reserved.

Jurisdiction

These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by New Zealand law.

Feedback

We welcome your questions and comments about our terms and conditions by e-mailing us directly at: oldbanktimaru@gmail.com