**Terms and Conditions of Sale**

**1. Use of Website**

These terms and conditions of trade (the "Terms") govern all sales of Fish by Tora Collective Limited ("Tora Collective", "we", "our") made through the website www.toracollective.co.nz (the "Website"). By accessing and using the Website or placing an order for Fish, you signify your acceptance of these Terms. It is understood that you have read, comprehended, and agreed to abide by these Terms.

You may contact us through the "My Account" section on the Website or via email at kiaora@toracollective.co.nz.

**2. Definitions**

In these Terms, the following definitions apply:

- "Customer", "you", "your": Refers to the individual or entity accessing the Website, registering an account, and making purchases.

- "Fish": Denotes the seafood products and related items offered by Tora Collective for sale.

- "Product": Refers to any item or seafood product offered for sale by Tora Collective.

- "Website": Signifies the online platform operated by Tora Collective accessible via www.toracollective.co.nz.

**3. Account and Orders**

- Accurate Information: By registering an account, you certify the accuracy of the information provided. Any changes to account details should be promptly communicated to us.

- Delivery: Fish deliveries are scheduled between 7:30 am and 6:00 pm on the specified delivery date. Customers have the option to select preferred delivery days.

- Pricing and Payment: Fish prices, inclusive of Goods and Services Tax (GST), are listed on the Website. Delivery charges are separate and confirmed at the time of order. Payments are processed upon order placement and must be made by credit or debit card.

- Payment Decline: In case of payment failure, we reserve the right to decline the relevant order.

**4. Product and Returns**

- Weight Variability: Due to natural factors, live Fish may experience weight loss. Customers are advised that minor weight discrepancies may occur.

- Inspection and Notification: Customers must inspect delivered Fish upon receipt. In the event of incorrect, damaged, or spoiled Products, immediate notification is required along with photographic evidence.

- Refunds: Refunds for accepted cases will be credited back to the original payment method within a reasonable time frame.

**5. Delivery**

- Delivery Address: We only deliver to urban addresses. Rural Couriers can take up to 3 days meaning your fish will have perished. It is the customers responsibility to check if their shipping address is urban or rural. Deliveries are made to the address specified in the order. If your fish has perished due to a rural address being provided, we will not replace your order.

You must be present at the delivery address to receive your order and get it in the fridge. If you have any problems with your order such as fish that has perished, you must contact upon arrival. If you are not present to sign for your delivery and check your fish, you cannot content your order.

- Environmental Impact: Customers are advised that Fish left unattended after delivery may be subject to environmental conditions that affect their condition.

**6. Product Availability**

- Supply Assurance: While we strive to fulfill orders, Tora Collective reserves the right to notify customers if a Product is unavailable or supply is reduced.

**7. Ownership and Risk**

- Ownership Transfer: Ownership and risk pertaining to Products pass to the Customer upon delivery.

**8. Warranties**

- Statutory Rights: The Consumer Guarantees Act 1993 and Fair Trading Act 1986 govern applicable statutory warranties, conditions, and obligations.

**9. Limitation of Liability**

- Liability Cap: Except as provided under the Consumer Guarantees Act 1993 and Fair Trading Act 1986, Tora Collective's liability for loss, damage, or injury arising from any defect or non-compliance of a Product shall not exceed the price of the relevant Product.

**10. Force Majeure**

- Unforeseeable Events: Tora Collective shall not be liable for any failure or delay in performance due to events beyond our control.

**11. Privacy**

- Data Protection: Tora Collective complies with the Privacy Act 1993 in handling personal information. Data collected is used for specified purposes and treated with confidentiality.

**12. Cancellation**

- Order Cancellation: Orders can be canceled outside 48 hours of the delivery date.

**13. Website Usage**

- Responsible Use: Customers agree not to use the Website for unlawful or prohibited activities. Unauthorized access or interference is strictly prohibited.

**14. Variation of Terms**

- Notice of Variation: Tora Collective may vary these Terms with two days' notice. Customers may cancel or pause their subscription if they disagree with the variations.

**15. Miscellaneous**

- Resale Prohibition: Customers may not purchase Products for resale without prior agreement.

**16. Governing Law**

- Legal Jurisdiction: These Terms are governed by New Zealand law.

These formal Terms and Conditions of Sale outline the mutual rights, obligations, and responsibilities between Tora Collective and our valued Customers. By engaging with our Website and making purchases, you acknowledge and agree to adhere to these Terms.