Terms & Conditions

These terms are an agreement between you and Eversweet Limited ("Eversweet", "we", "us"), which trades as Eversweet at 5D/119 Meadowland Drive, Somerville, Auckland 2014. They cover our mobile app and our website at https://eversweet.co.nz, and the orders you place through either. By placing an order you accept these terms. If you do not accept them, please do not order through the app or the website.

You can order from Eversweet in two ways: through our mobile app, or through our website. Most of what follows applies to both. Where something applies to only one of them, the section is labelled "Mobile app only" or "Website only". Anything without a label applies wherever you order.

You must be at least 13 years old to use our app or to order from our website.

• If you are 13 to 17 years old, you may use the app and place orders only under the supervision of a parent or legal guardian, who must agree to these terms on your behalf.
• That parent or guardian accepts financial responsibility for every order placed, and any membership bought, by someone aged 13 to 17 in their care, as if they had placed it themselves.
• We do not check anyone's age, and we cannot see whether a parent or guardian is supervising. By creating an account or placing an order you confirm that you meet these requirements - it is a promise you make to us rather than something we verify.
• If we learn that an account belongs to someone under 13, we will close it and remove what we can, as our Privacy Policy describes.

Ordering in the app needs an account. One account belongs to one person and one email address.

• You need to confirm your email address before you can sign in. We send a six-digit code that is valid for 15 minutes.
• You must meet the age requirements in the section above to hold an account, including the supervision of a parent or legal guardian if you are 13 to 17.
• Creating an account means accepting these terms and our Privacy Policy. We do not create an account without that, and we keep a record of which version you accepted and when.
• Keep your password to yourself. You are responsible for what happens under your account.
• The name on your account is printed on the kitchen receipt and may be shown on the public leaderboard, so please use your real name and nothing offensive.
• You can change your name, phone number and email address yourself in the app. A new email address only takes effect once you enter a code we send to it, so that nobody can move an account to an inbox they do not own, and we tell the old address when it changes.
• You can delete your account in the app, from Account details, or, if you no longer have the app, by emailing us from the address on your account. It is deleted seven days after you ask; until then it works as normal and you can cancel the deletion. What is deleted and what is kept is set out in our Privacy Policy.
• We may suspend or close an account that is being misused.

The website does not have customer accounts and you do not need to sign in to order. You give us your name, email address and phone number at the checkout so that we can prepare your order and contact you about it. Because there is no account, the website cannot show you your past orders, and Sweet Points, membership and offers are not available there.

• An order is an offer to buy. It is accepted when we take payment and send it to the kitchen.
• Everything is subject to availability. We may refuse or cancel an order, and if we do and we have taken payment, we refund it.
• Once an order is placed there is no way to change or cancel it yourself, on either the app or the website. If something is wrong, contact us straight away.
• In the app, if you place an order identical to one you placed in the last 10 minutes, we stop and ask you to confirm before charging you twice.
• Photographs are a guide. What you receive may differ a little in appearance depending on how it was made on the day.

• All prices are in New Zealand dollars and include GST.
• Every total is worked out on our own servers from the prices held there. Nothing your phone or browser calculates decides what you pay.
• Prices can change. If the price of something in your cart changes while you are paying, we stop and show you the new total rather than charging a different amount to the one you agreed to.
• There is no minimum order, and we add no service fee, booking fee or card surcharge.

Confirming your card does not take any money. It places a hold - an authorisation - for the total of your order. We take the money only once your order has been written down and sent to the kitchen. That is the last thing that happens, so if anything stops the order, nothing has been taken.

• A hold usually appears on your statement as a pending transaction for the order amount. It is not money taken.
• If your cart or its prices changed while you were paying, or the shop can no longer make your pick-up time, we let the hold go and place no order. You are not charged.
• If an order is never completed, any hold left behind is released automatically within about half an hour. How quickly the pending line then disappears is up to your bank rather than us - it is usually a few working days.
• If money has been taken and no order exists, we refund it in full automatically. We look back over the previous 48 hours for these.
• We never take an amount other than the total of the order we place. In the rare case that we have taken the wrong amount, we refund all of it rather than keeping the difference.
• Your card details are handled by Stripe, our payment provider. We never see or store your full card number. If you choose to save a card, it is saved with Stripe and we keep only a reference to it.
• We charge in New Zealand dollars only.

Every order placed through the Eversweet app or website is for collection from the shop or to eat in. We do not deliver.

• Delivery is available only through Uber Eats. That is a separate service, ordered in the Uber Eats app and carried out under Uber Eats' own terms, and these terms do not apply to it.
• The last pick-up time on any day is 10 minutes before we close. The last eat-in order is 30 minutes before we close.
• You can choose a pick-up time up to 40 days ahead.
• The preparation time we quote is an estimate based on how many items you ordered. It is a guide, not a guarantee, and busy periods can run longer.
• Our opening hours and any one-off closures are shown in the app and on the website, and can change.
• Please collect your order at the time you chose. We make food fresh for that time, and we cannot promise it will be at its best if it is left waiting.

Neither the app nor the website has a way to change, cancel or refund an order once it has been placed. If something is wrong with your order, contact us at eversweet@eversweet.co.nz or 09 949 1050 as soon as you can and we will put it right where we can.

• Our food is made fresh and is perishable, so we do not generally refund an order once it has been prepared.
• If an order is wrong, missing something, or not of acceptable quality, we will replace or refund it.
• Please tell us within 24 hours of collecting, while we can still look into what happened.
• Nothing in these terms takes away your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Where you are buying as a consumer, those rights apply on top of anything written here, and where these terms and that Act disagree, the Act wins.

• Our food is made in one kitchen where dairy, gluten, eggs, nuts, soy and sesame are all handled.
• We cannot guarantee that anything is free of a given allergen, and we cannot offer an allergen-free environment.
• Ingredient and customisation lists in the app and on the website are a guide to what is in a dessert, not a full allergen declaration.
• If you have an allergy, please talk to us before you order rather than relying on the app.

Sweet Points are our loyalty points. You earn them on orders placed in the Eversweet app, and you can spend them on selected desserts.

• Orders placed on the website do not earn Sweet Points. Points are an app feature, and the website has no accounts to hold them.
• Points are earned on what you actually pay for an item, after any discount, and are rounded down for each line. A small enough line can earn none.
• Members earn at a higher rate. The rates in force are shown in the app.
• Points expire if a month passes without an order from you in the app. The month runs from your most recent app order, and when it runs out your whole balance expires at once, at the end of that day, New Zealand time. Orders placed on the website do not count, because they are not linked to your account.
• While your membership is active and paid up, your points do not expire. If your membership ends, your month runs from the day it ended. While it is on hold, your month runs from the day the unpaid renewal was due.
• The app shows the date your points will expire. If you allow notifications, we also send one a week before.
• Points in your cart when your balance expires expire with it: if the item comes out of your cart, or the cart expires, after that date, those points do not come back.
• We may pause expiry, for example while the shop is closed for a holiday. No points expire while it is paused, and when it resumes, everyone's month starts again from that day.
• Points are taken from your balance when you add a reward item to your cart, not when you place the order. Remove the item, or leave the cart until it expires after 12 hours, and the points come back.
• An item bought with points is not discounted again by a membership or a promotion, and earns no points of its own.
• Points have no cash value, cannot be exchanged for cash, and cannot be moved between accounts.
• We can change the earn rate, and what a reward item costs in points, at any time.
• We can withhold or reverse points where we think an account is being misused.

Each calendar month we rank customers by the Sweet Points they earned that month, on New Zealand time, and the top three win a prize. Your first name and the initial of your last name are shown publicly on the leaderboard unless you turn that off - our Privacy Policy explains how.

• The top three are recorded at midnight on the first of the following month, New Zealand time. That record is final: a later refund or adjustment does not reopen a month that has closed.
• Only points earned on orders count towards the ranking. Points returned to you - when you remove a reward item, for example - do not.
• Prizes are chosen by us and can differ between winners. There is no cash alternative.
• A prize is collected in the shop by showing the code in your app. Each code can be used once.
• A prize code lasts until the end of the month after the one you won in. A prize won in September can be collected through October and expires at the start of November.
• If the winning account is closed before the prize is collected, the prize cannot be claimed.
• We can withhold a prize where we think the ranking was reached by misusing an account.
• We can pause the leaderboard in the app. While it is paused the board and last month's top three are not shown, but points earned still count towards the month and the top three are still recorded. A prize we have given you can still be collected, and its code stays in the app.

Membership is a monthly subscription bought in the app. It renews automatically on the card you chose until you cancel it. The price is shown in the app before you join and on every renewal receipt from our payment provider.

• Your member discount grows with each consecutive month you pay for, up to the maximum shown in the app. It belongs to your subscription, so as long as that subscription is running the run keeps building.
• A renewal that fails and is then paid keeps your discount, whether your bank was retried automatically or you retried it yourself in the app. The month still ends up paid for.
• Member benefits - member prices, member-only offers, the higher points rate and protection from points expiry - apply only while a membership is active and paid up.
• Cancelling stops the next renewal. You keep your membership and its benefits until the end of the period you have already paid for.
• We do not refund membership payments, including the month you are in when you cancel.
• If a renewal payment fails, your membership is put on hold while your bank is retried, and you can also retry it yourself in the app. If every retry fails, your subscription is cancelled.
• While your membership is on hold, its benefits are paused. Member prices come off the items in your cart, and member-only items are taken out of it. Once the payment goes through, member prices return and member-only offers can be added again.
• Cancelling does not take effect straight away, and resuming before it does changes nothing: you keep the membership you had, and the discount you had built up with it.
• Your discount starts again at the first step only once the subscription itself has ended - either you let a cancellation run its course, or a renewal went unpaid until it was cancelled. Joining after that is a new subscription, and it begins again at the first step however long you were a member before.
• You cannot remove the card your membership renews on until you have chosen another one for it.
• A membership belongs to one account and cannot be shared or transferred.
• If you ask for your account to be deleted, your membership stops renewing straight away and ends when the account is deleted, with no refund for the rest of that month. While the deletion is pending you cannot join again or resume it. Cancelling the deletion leaves the membership cancelled, and you can resume it from the membership screen before it ends.
• We can change the price or the benefits. A price change takes effect from your next renewal, never the one you have already paid.

• Offers in the app may be open to everyone, limited to members, or limited to customers who have not ordered before.
• Some offers have to be unlocked first, by buying the items they name in one order paid at least partly by card. Items from another offer do not count towards it.
• An offer can have a limit on how many times you can use it. Some reset each week.
• Offers run for a set period and can be paused, changed or withdrawn at any time.
• If an offer in your cart stops running before you pay, the item is taken out of your cart and we tell you why.
• Only one percentage discount applies to an item: whichever is better of your member discount and any promotion. They do not add together.
• Offers and discounts in the app or on the website apply to orders placed there, and may not be available over the counter.
• Offers are tied to the account they were given to, have no cash value, and cannot be transferred.
• We can cancel an offer, or an order that used one, where we think it is being misused.

• The Eversweet name, logo, photographs, menu descriptions and recipes belong to us.
• You may not copy, republish or use them commercially without our written permission.

Nothing in this section takes away rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Where you are buying as a consumer, those rights come first and the limits below apply only so far as that Act allows.

• Where the law does allow us to limit what we owe you, our total liability for anything connected with an order is limited to what you paid for that order.
• We are not liable for indirect or consequential loss.
• We are not liable for delays or failures caused by something outside our reasonable control.
• We are not responsible for orders placed through Uber Eats, which are between you and Uber Eats.

We can update these terms. The date at the top of this document shows when they last changed. If you keep ordering after a change, you accept the updated terms. We suggest reading them again if the date has moved since you last looked.

These terms are governed by New Zealand law, and the New Zealand courts deal with any dispute about them.

• Eversweet Limited, trading as Eversweet
• 5D/119 Meadowland Drive, Somerville, Auckland 2014
• Email: eversweet@eversweet.co.nz
• Phone: 09 949 1050