Wild Pear Kitchen Terms and Conditions

 —————————————————————————-

Last Updated: July 11, 2025

Wild Pear Kitchen, operated by Wild Pear LTD, provides catering services, in-store dining, online ordering, and related offerings. These Terms and Conditions govern your interactions with Wild Pear Kitchen, including but not limited to purchases, catering engagements, loyalty program participation, and receipt of marketing communications. By engaging our services, making a purchase, or subscribing to our communications, you agree to these terms. We recommend reviewing them periodically, as they may be updated.

1. General Provisions

a) Applicability: These Terms apply to all customers, whether purchasing in-store, online via our website or linked platforms (e.g., https://bopple.app/wildpearkitchen/menu), or through catering services. They supersede any prior agreements unless explicitly stated otherwise in writing.

b) Age Restriction: You must be at least 18 years old or have legal guardian consent to engage our services or participate in programs.

c) Amendments: Wild Pear LTD reserves the right to amend these Terms at any time. Changes will be posted on our website, and continued use of our services constitutes acceptance.

d) Severability: If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in full effect.

e) Governing Law: These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any disputes shall be resolved in the courts of New Plymouth, New Zealand.

2. Catering and Supply of Equipment & Services

a) Agreement: By engaging Wild Pear LTD for catering services, including food provision, equipment rental, or event support, the client agrees to these Terms.

b) Quotes and Validity:

- All quotes are valid for 30 days from issuance.

- Beyond this period, Wild Pear LTD may revise quotes due to changes in costs, availability, or market conditions. Clients will be notified of any revisions.

c) Booking Confirmation and Payment:

- A non-refundable deposit, typically 50% of the quoted amount, may be required to secure the booking

- Full payment is due at least one week prior to the event.

- Payments may be made via bank transfer, credit card, or other approved methods. Late payments may incur fees or lead to cancellation 

- Invoices will include applicable taxes and any additional charges (e.g., delivery fees).

d) Cancellation Policy:

- Cancellations less than one week prior to the event forfeit the full payment.

- Cancellations between one and four weeks prior forfeit the deposit.

- Cancellations more than four weeks prior may receive a full refund, less administrative fees.

- Refunds, if applicable, will be processed within 14 business days.

e) Menu and Dietary Requirements:

- Menu selections must be finalized at least two weeks prior to the event.

- Changes to menus or dietary needs after this period may not be accommodated and could incur additional fees.

- Wild Pear LTD endeavors to accommodate dietary restrictions (e.g., vegetarian, gluten-free) but cannot guarantee allergen-free preparations due to shared kitchen facilities.

f) Equipment and Property

- Provided equipment (e.g., serving ware, utensils) remains the property of Wild Pear LTD.

- Clients are responsible for safeguarding equipment during the event and returning it in original condition immediately afterward.

- Loss, damage, or theft will result in replacement charges billed to the client, including any associated recovery costs.

g) Liability:

- Wild Pear LTD is not liable for injury, loss, or damage to persons or property arising from our services, except where negligence is proven.

- Clients must secure necessary permits, licenses, or insurance for events.

- We recommend clients obtain event insurance covering potential liabilities.

h) Force Majeure: Wild Pear LTD is not liable for delays or failures due to events beyond our control, such as natural disasters, strikes, pandemics, or supply chain disruptions. We will notify clients promptly and offer reasonable alternatives.

i) Miscellaneous: Any modifications must be in writing and signed by both parties. By paying a deposit, clients confirm they have read and accepted these Terms.

3. Customers with Severe Food Allergies

We prioritize food safety and provide ingredient information upon request. However, cross-contamination risks exist in our preparation areas

a) Customer Responsibility: Customers must disclose severe allergies at the time of ordering, whether in-store, online, or for catering.

b) Disclosure of Allergens: We accommodate requests where possible but cannot guarantee allergen absence.

For detailed policies, download our Customer Allergy Policy from our website.

c) Limited Liability: By ordering or consuming our products, customers accept potential risks. Wild Pear LTD shall not be liable for reactions due to undisclosed allergies or cross-contamination.

d) Recommendations: Customers with severe allergies should consult our staff or review ingredient lists. We advise against consumption if risks are unacceptable.

We appreciate your cooperation to ensure a safe experience for all.

4. Online Ordering and Delivery

a) Platform Use: Online orders may be placed via our website or linked platforms (e.g., https://bopple.app/wildpearkitchen/menu). JavaScript must be enabled for full functionality.

b) Availability: Orders are subject to item availability. We reserve the right to substitute or cancel items, with notification and refunds where applicable.

c) Shipping and Delivery: Delivery is available in New Plymouth and surrounding areas. Fees apply and are excluded from loyalty points. We are not liable for delays due to third-party couriers.

d) Guest Customers: Online guest checkouts (without account registration) are excluded from loyalty programs.

e) Third-Party Services: Orders via third-party apps (e.g., Uber Eats, Delivereasy) are subject to their terms and excluded from our loyalty program.

5. Loyalty Program

The Wild Pear Kitchen Loyalty Program rewards registered customers for eligible purchases. Participation constitutes acceptance of these terms.

a) Eligibility and Registration:

- Accounts are for individual, personal use only and must be registered in the user's name.

- Business accounts, guest checkouts (online), and third-party app users are ineligible.

- Minors require guardian consent.

b) Earning and Redeeming Rewards:

- Points are earned on eligible purchases of drinks from dedicated fridges, breakfast, lunch, brunch, bakery, and deli items made daily, both in-store and online via our linked platform. https://bopple.app/wildpearkitchen/menu

- For every $12 spent you will earn 10 points. Example: A $12 (GST inc) spend - (15% GST) $1.80 = $10.20 earning 10 points rounded Down/Up to the nearest $ .

- Exclusions: Points are not earned on taxes (15% GST), shipping fees, third-party app orders (e.g., Uber Eats, Delivereasy), business accounts, catering services, pre-ordered whole cakes, vouchers, or any retail items (in-store or online).

- Rewards may be redeemed for discounts or benefits as specified in program details. Minimum thresholds apply.

- Points expire after 12 months of inactivity.

c) Account Usage:

- Using another's account (e.g., family or friend) is prohibited and may lead to suspension.

- Manipulation, such as pooling funds or multiple accounts, results in reward forfeiture and account termination.

d) Termination and Suspension: We may suspend or terminate accounts for violations, with forfeiture of points. Decisions are final.

e) Program Changes: We reserve the right to modify or end the program with notice via email or website.

6. Marketing Emails

By subscribing, you consent to receive promotional communications.

a) Consent: Subscription is voluntary; unsubscribe anytime via email links.

b) Data Collection and Use: We collect email and related data for personalization, handled per our Privacy Policy.

c) Frequency and Content: Emails are sent periodically with offers, subject to change. No guarantees on accuracy or availability.

d) Intellectual Property: All content is owned by Wild Pear LTD; unauthorized use is prohibited.

e) Disclaimer and Limitation of Liability: Information is provided "as is." We are not liable for damages from email use.

f) Modification and Termination: Terms may change; continued subscription indicates acceptance.

7. Privacy Policy

Please refer to our separate Privacy Policy on our website for details on data handling, in compliance with New Zealand privacy laws.

8. Contact Information

For questions: Email: contact@wildpearkitchen.co.nz | Phone: (06) 759 0447 | Address: Wild Pear Kitchen, 178 Devon St East, New Plymouth, New Zealand. 

By using our services, you acknowledge having read and agreed to these Terms.