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Refund & Cancellation Policy

Effective Date: November 1, 2025

Last Updated: November 27, 2025

1. Introduction

This Refund & Cancellation Policy explains your rights and our obligations regarding refunds, returns, cancellations, and remedies when you purchase food products and delivery services from The Taprobane.

Business Details:

Legal Entity: Ceylon Food & Beverage Suppliers Limited
Company Number: 9383679
NZBN: 9429053239570
Trading Name: The Taprobane
GST Number: 147-156-952

Contact Information:

Email: contact@thetaprobane.co.nz
Phone: +64 0508 799 899
WhatsApp: +64 204 799 899
Postal Address: Unit 7, 8 MacMurray Road, Remuera, Auckland 1050, New Zealand
Kitchen Location: Mount Wellington, Harris Road, Auckland, New Zealand

2. Your Rights Under New Zealand Law

2.1 Consumer Guarantees Act 1993 (CGA)

Your rights under the Consumer Guarantees Act 1993 cannot be excluded, restricted, or modified. This policy is designed to complement, not replace, your statutory rights.

Under the CGA, you have guaranteed rights to:

  • Products of acceptable quality
  • Products fit for their intended purpose
  • Products that match their description
  • Services performed with reasonable care and skill
  • Delivery within a reasonable time

Important: Any clause in this policy that attempts to exclude or limit your rights under the CGA is void and unenforceable.

2.2 Fair Trading Act 1986

Under the Fair Trading Act 1986, we cannot:

  • Make false or misleading claims about your refund rights
  • Unlawfully restrict return timeframes
  • Exclude certain products from refunds when you have a legal right to them
  • Misrepresent your consumer rights

Critical: Signs saying “no refunds” or “exchanges only” are ILLEGAL when you have rights under the Consumer Guarantees Act.

“A sign in the store that says ‘no refunds’ is illegal.” – Consumer NZ

If a trader tries to contract out of the CGA by displaying “no refunds” signs or similar restrictions, they are committing an offence under the Fair Trading Act 1986 and can be fined.

2.3 Your Rights Cannot Be Contracted Away

Important: If you’re buying goods or services for personal or household purposes, you are covered by the Consumer Guarantees Act, regardless of what we tell you or what’s in any contract. A business cannot contract out of the CGA for consumer purchases.

The only exception is if:

  • You are buying for business purposes (not personal/household use), AND
  • We both agree in writing to contract out of the CGA, AND
  • The agreement is made at or before the time of purchase

All food orders from The Taprobane are presumed to be for personal/household use unless you explicitly notify us in writing before ordering that it’s for business purposes.

  • 3. When You ARE Entitled to a Refund or Remedy
3.1 Product Failures Under the CGA

You are entitled to a refund, replacement, or other remedy if:

Products are NOT of Acceptable Quality:

  • Food is spoiled, contaminated, or unsafe
  • Food is improperly cooked or prepared
  • Food does not meet basic quality standards
  • Packaging is damaged causing food safety concerns

Products are NOT Fit for Purpose:

  • Food is not suitable for consumption
  • Dishes contain ingredients you specifically asked to exclude (and we agreed)
  • Spice level is significantly different from what you ordered

Products Do NOT Match Description:

  • You received different dishes than ordered
  • Portion sizes are substantially smaller than described
  • Key ingredients are missing or substituted without notification
  • Menu description is significantly misleading

Services NOT Performed with Care and Skill:

  • Food is not packaged properly for delivery
  • Delivery is unreasonably delayed
  • Food arrives cold when it should be hot (or vice versa)
  • Poor handling causes food to spill or become contaminated
3.2 Types of Failures

Major Failure: A failure is “major” if:

  • A reasonable consumer would not have bought the food if they had known about the problem
  • The food is substantially unfit for consumption
  • The food is unsafe
  • The food is so different from what was ordered that it’s essentially a different product

If there is a major failure, YOU choose the remedy:

  • Full refund, OR
  • Replacement order

Important: “When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it – by cash, cheque or credit card charge reversal.”

Minor Failure: A failure is “minor” if it can be easily remedied and does not make the food unfit for consumption.

If there is a minor failure, WE choose the remedy (but must act promptly):

  • Repair (e.g., send missing items), OR
  • Replacement, OR
  • Refund
3.3 Additional Grounds for Refund

You may also be entitled to a refund if:

  • We cancel your order after accepting it
  • Delivery does not occur within a reasonable time (or agreed time)
  • We fail to deliver to the specified address due to our error
  • Payment is taken but no confirmation is received
  • You are charged incorrectly

Delivery Timeframes:

  • Where we are responsible for delivery, goods must be delivered on time
  • When no specific time is agreed, delivery must still be within a reasonable time
  • What is “reasonable” depends on the circumstances (e.g., type of food, distance, traffic conditions)

4. When You Are NOT Entitled to a Refund

4.1 Change of Mind

Important: Under New Zealand law, you do NOT have an automatic right to a refund simply because you changed your mind.

  • You are not entitled to a refund if:
  • You simply changed your mind about your order
  • You ordered the wrong item by mistake (but the item delivered is correct)
  • You decided you don’t like the taste (if the food is prepared correctly)
  • You can no longer afford the order
  • Your circumstances changed after ordering
  • You found a better price elsewhere

Exception: If we have a voluntary change-of-mind policy, we may choose to offer a refund, but we are not legally required to do so.

4.2 Customer Actions
  • You are not entitled to a refund if the problem was caused by:
  • You providing incorrect delivery information
  • You not being available to receive the delivery (after reasonable attempts to contact you)
  • Your misuse or improper storage of food after delivery
  • Your failure to follow reheating or food safety instructions
  • You consuming food after an unreasonable period
4.3 Known Issues

You are not entitled to a refund if:

  • You were informed about an issue before ordering (e.g., ingredient substitution) and you accepted it
  • You ordered a dish despite being warned it may not suit your preferences
  • You specifically requested preparation against our advice
4.4 Allergen-Related Issues

We are not liable for refunds in cases of allergic reactions if:

  • You failed to inform us of your allergies when ordering
  • You consumed food despite being aware it contains allergens
  • Cross-contamination occurred despite our reasonable precautions (as disclosed in our Terms & Conditions)

However, we remain liable if:

  • We were informed of your allergies and failed to accommodate them
  • We provided false or misleading information about ingredients
  • We were negligent in our food preparation

5. Cancellation Policy

5.1 Cancelling Before Food Preparation

You can cancel your order and receive a FULL REFUND if:

  • You contact us immediately after placing your order
  • Food preparation has NOT yet begun
  • We can confirm the cancellation before our kitchen starts working on your order

How to Cancel:

  • Call us immediately: +64 0508 799 899
  • Email: contact@thetaprobane.co.nz
  • WhatsApp: +64 204 799 899

Timeframe: Contact us within 10 minutes of placing your order for the best chance of cancellation before
preparation begins.

5.2 Cancelling After Food Preparation Begins

If food preparation has already begun:

  • You are NOT entitled to a refund
  • We may still complete and deliver your order (you will be charged)
  • OR we may agree to cancel at our discretion, but no refund will be provided

Why? Once we have started preparing your fresh food using quality ingredients, we cannot reuse or resell those ingredients.

5.3 Cancelling After Dispatch

If your order has already been dispatched for delivery:

  • You are NOT entitled to a refund
  • The order cannot be cancelled
  • You will be charged for the order
5.4 Modifications vs Cancellations

If you want to modify your order rather than cancel it:

  • Contact us within 10 minutes of placing your order
  • We will do our best to accommodate changes
  • Modifications cannot be guaranteed once preparation begins
  • No additional fees for modifications made before preparation
5.5 Cancellations by The Taprobane

We may cancel your order if:

  • Products or ingredients are unavailable
  • We cannot contact you for order clarification
  • Delivery to your address is not possible (e.g., safety concerns, inaccessible location)
  • Payment cannot be processed or is declined
  • We suspect fraudulent activity
  • Force majeure events occur (natural disasters, emergencies, etc.)

If we cancel your order, you will receive a FULL REFUND within 5-10 business days.

6. Refund Process

6.1 How to Request a Refund

Step 1: Contact Us Immediately
As soon as you identify an issue with your order:

  • Email: contact@thetaprobane.co.nz
  • Phone: +64 0508 799 899
  • WhatsApp: +64 204 799 899

Important: Contact us as soon as reasonably possible. While there is no strict time limit under the CGA, delays may affect our ability to investigate and provide remedies.

Step 2: Provide Information

Please provide:

  • Your order number and date
  • Description of the problem
  • Photographic evidence (if applicable and safe to provide)
  • Your preferred remedy (refund, replacement, or other)

Step 3: Investigation

We will:

  • Acknowledge your complaint within 24 hours (business days)
  • Investigate the issue promptly
  • Respond with our decision within 2-5 business days
  • Request additional information if needed

Step 4: Resolution

If your complaint is valid:

  • We will provide the appropriate remedy
  • Refunds will be processed within 5-10 business days
  • Replacements will be prepared and delivered as soon as possible
  • Compensation may be provided for any drop in value or reasonable expenses
6.2 Refund Methods

Refunds will be processed to your original payment method:

  • Credit/Debit Card: 5-10 business days (depending on your bank)
  • Cash on Delivery: Refund by bank transfer (you must provide account details)
  • Online Payment: Refund to original account within 5-10 business days

Note: We cannot provide refunds in the form of cash if you paid by card or online payment.

6.3 Partial Refunds

In some cases, a partial refund may be appropriate:

  • Some items in your order are faulty, but others are acceptable
  • The food is edible but does not fully meet quality standards
  • There is a minor issue that reduces the value but does not make the food unusable

The amount of the partial refund will reflect the reduction in value.

6.4 Refund of Delivery Fees

Delivery fees will be refunded if:

  • We fail to deliver your order
  • Delivery is unreasonably delayed due to our fault
  • You cancel before preparation begins
  • We cancel your order

Delivery fees will NOT be refunded if:

  • You provide incorrect delivery information
  • You are not available to receive the delivery
  • You cancel after preparation has begun
  • The issue is with food quality only (not delivery service)

7. Replacement Orders

7.1 When Replacements Are Offered

Instead of a refund, we may offer to replace your order if:

  • There was a minor issue with food preparation
  • You received the wrong items
  • Items were missing from your order
  • Food quality was not acceptable

For Major Failures: You can choose between a refund or replacement.
For Minor Failures: We will choose the most appropriate remedy, which may be a replacement.

7.2 Replacement Process

If we offer a replacement:

  • We will prepare a new order immediately
  • The replacement will be delivered at no additional cost
  • Delivery fees will be waived for the replacement
  • The replacement will be prioritized for fast preparation
7.3 Timeline for Replacements

Replacements will be provided:

  • Within a reasonable time (typically same day if ordered during operating hours)
  • At a time convenient for you
  • With advance notice of delivery time

8. Compensation

8.1 When Compensation May Be Provided

In addition to refunds or replacements, you may be entitled to compensation for:

Drop in Value:

  • If you keep a product that doesn’t meet guarantees, you can claim compensation for the difference between what you paid and its actual value

Consequential Loss (Reasonably Foreseeable):

  • Losses directly caused by our failure that could have been reasonably predicted
  • Examples: Cost of alternative meals if we failed to deliver for a special occasion you told us about

Reasonable Expenses:

  • Direct costs you incurred as a result of our failure
  • Must be reasonable and directly related to the problem

Examples of Compensable Losses:

  • If we fail to deliver your catering order for a party you told us about, we may be liable for the cost of alternative food you had to purchase urgently
  • If our delivery driver damages your property (e.g., scratches your door), we must pay for repairs
  • If incorrect food causes you to make an additional trip for proper food, reasonable travel costs may be compensable

Unforeseeable Losses: If damage or loss couldn’t have been reasonably predicted, we have limited responsibility. For example, if you ordered food for a business meeting but didn’t tell us this was the purpose, we would not be liable for lost business opportunities if we failed to deliver.

8.2 What We Do NOT Compensate

We are not liable for:

  • Indirect or unforeseeable losses
  • Loss of profits or business opportunities
  • Disappointment or inconvenience (unless there is a legal basis)
  • Expenses that are unreasonable or excessive
8.3 How to Claim Compensation

To claim compensation:

  • Contact us with details of your loss
  • Provide evidence of expenses (receipts, invoices)
  • Explain how the loss relates to our failure
  • We will assess your claim and respond within 5-10 business days

9. Credit Notes and Loyalty Points

9.1 Credit Notes

We may offer credit notes as an alternative to refunds, but only if you agree.

Critical Legal Point: Under the CGA, if you are entitled to a refund for a major failure, you can insist on a cash refund. We cannot force you to accept a credit note.

“When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it.” – Consumer NZ

However, for minor issues or as a gesture of goodwill, we may offer credit notes and you may choose to accept them.

Credit Note Terms:

  • Valid for 12 months from date of issue
  • Can be used for any menu items
  • Can be combined with other payment methods
  • Cannot be redeemed for cash
  • Will be clearly documented with unique code
9.2 Loyalty Points on Refunded Orders

If your order is refunded:

  • Any loyalty points earned from that order will be deducted from your account
  • If points have already been redeemed, we may deduct the value from your refund (if legally permitted and reasonable)

If your order is partially refunded:

  • Loyalty points will be adjusted proportionally

10. Special Circumstances

10.1 Promotional and Special Offer Items

Critical: Your CGA rights apply to ALL products, including items purchased on promotion or sale.

“The Consumer Guarantees Act applies to products and services regardless of any store guarantees or warranties.”

It is illegal for us to exclude promotional items from our refund policy if you have rights under the Consumer Guarantees Act. The fact that you bought something on sale or at a discounted price does not reduce your consumer rights.

However:

  • If you simply changed your mind, we are not required to refund promotional items (same as regular items)
  • If there is a fault, you have the same rights regardless of whether the item was on sale
10.2 Gift Orders

If someone else ordered food for you as a gift:

  • You have the same CGA rights as if you had ordered directly
  • You can request remedies from us
  • Refunds may be issued to the original purchaser or as a credit note for you
10.3 Party Packs and Large Orders

For party packs, family packs, and large catering orders:

  • Pre-ordering is strongly recommended
  • Cancellation policies are strictly enforced due to the significant preparation involved
  • Cancellations after preparation begins are not refunded due to the volume of ingredients used
  • Quality issues will be addressed on a case-by-case basis
  • Partial refunds may be offered if only part of the order is affected
10.4 Pre-Orders for Special Celebrations

For special celebration orders (Sri Lankan New Year, Christmas, Deepavali, etc.):

  • Cancellation deadlines will be clearly communicated when you order
  • Cancellations made after the deadline may not be refunded
  • These orders involve significant advance preparation and ingredient purchasing
  • We will be flexible in cases of genuine emergencies or force majeure events

11. Disputes and Complaints

11.1 Internal Complaints Process

Step 1: Contact us directly

  • Email: contact@thetaprobane.co.nz
  • Phone: +64 0508 799 899
  • WhatsApp: +64 204 799 899

Step 2: If not satisfied with our response, escalate to management

  • We will review your complaint at a senior level
  • You will receive a response within 5-10 business days
11.2 External Dispute Resolution

If you are not satisfied with our resolution:

Disputes Tribunal:

  • For claims up to $30,000 (or $20,000 if we don’t agree)
  • Website: www.justice.govt.nz/courts/disputes-tribunal
  • Phone: 0800 268 787
  • Quick, informal, inexpensive process

Commerce Commission:

  • For breaches of consumer protection laws
  • Website: www.comcom.govt.nz
  • Phone: 0800 943 600
  • Can investigate and take enforcement action

District Court or High Court:

  • For larger or more complex claims
  • Legal advice recommended
11.3 Your Legal Rights

Nothing in this policy affects your right to:

  • Take legal action under the Consumer Guarantees Act
  • Seek remedies through the courts
  • File complaints with regulatory authorities
  • Seek independent legal advice

12. Important Legal Information

12.1 CGA Rights Cannot Be Excluded

The Consumer Guarantees Act gives you guaranteed rights that cannot be excluded or waived by any business. Any clause in this policy or our Terms & Conditions that attempts to exclude or limit your CGA rights is void and of no effect.

12.2 Contracting Out of the CGA

Critical Legal Information:

Under New Zealand law, businesses can only contract out of the Consumer Guarantees Act when goods or services are purchased for business use, not personal or household use.

You and we together can agree to contract out of the CGA, but ONLY if:

  1. You are buying for business purposes (not personal/household use), AND
  2. We both agree in writing to contract out of the CGA, AND
  3. The agreement is made at or before the time of sale

Default Presumption: All orders from The Taprobane are presumed to be for personal/household use unless you explicitly state otherwise in writing before ordering.

If you are ordering food for business purposes (e.g., corporate catering, business lunch meetings, office parties) and wish to discuss contracting out of the CGA, you must:

  • Notify us in writing before placing your order that it is for business use
  • Specify that you wish to discuss contracting out of the CGA
  • Obtain our written agreement

We are not required to agree to contract out of the CGA even for business purchases.

12.3 Fair Trading Act Compliance

We comply with the Fair Trading Act 1986 by ensuring accurate pricing, honest representations about refund rights, and lawful return timeframes.

We do not:

  • Display misleading “no refunds” signs
  • Unlawfully restrict return timeframes
  • Misrepresent your consumer rights
  • Use COVID-19 or other circumstances as a false excuse to deny legitimate refunds
12.4 Recent Legal Developments

Right to Repair Bill: The Consumer Guarantees (Right to Repair) Amendment Bill has passed its first reading and seeks to strengthen consumer rights to have products repaired. While this primarily affects durable goods, we will update our policies if relevant changes are enacted.

Commerce Commission Enforcement Priorities: The Commerce Commission is actively cracking down on illegal online sales practices including misleading refund policies, subscription traps, and misrepresentations about consumer rights (2024-2025 enforcement priorities).

We are committed to full compliance with these priorities.

13. Contact Information for Refunds and Cancellations

For all refund and cancellation requests:

The Taprobane

Trading name of Ceylon Food & Beverage Suppliers Limited

Email: contact@thetaprobane.co.nz
Phone: +64 0508 799 899
WhatsApp: +64 204 799 899
Postal Address: Unit 7, 8 MacMurray Road, Remuera, Auckland 1050, New Zealand

Business Hours:
  • Monday-Tuesday: Closed
  • Wednesday-Thursday: 6:00 AM – 8:00 PM
  • Friday-Saturday: 6:00 AM – 12:00 AM (Midnight)
  • Sunday: 6:00 AM – 3:00 PM

For urgent cancellations, call us immediately at +64 0508 799 899

14. Changes to This Policy

We may update this Refund & Cancellation Policy from time to time to reflect:

  • Changes in New Zealand consumer protection laws
  • Updates to our business practices
  • Feedback from customers
  • Regulatory guidance

When we make significant changes:

  • We will update the “Last Updated” date
  • We will notify customers via our website
  • We will ensure all changes comply with the Consumer Guarantees Act and Fair Trading Act

Your continued use of our services after changes constitutes acceptance of the updated policy, but your statutory rights under the CGA are always protected regardless of policy changes.

Legal Compliance Statement

This Refund & Cancellation Policy has been prepared in accordance with:

  • Consumer Guarantees Act 1993 – Protecting your rights to refunds, replacements, and remedies

  • Fair Trading Act 1986 – Ensuring honest and accurate representations about refund rights

  • Contract and Commercial Law Act 2017 – Governing cancellation and contract terms

  • Commerce Commission Enforcement Priorities (2024-2025) – Compliance with current regulatory focus areas

  • Recent Case Law – Including Commerce Commission enforcement actions regarding unlawful refund restrictions

Ceylon Food & Beverage Suppliers Limited (trading as The Taprobane) is committed to fair trading, consumer protection, and full compliance with New Zealand consumer law.

Your consumer rights are protected by law. If you have any questions about your rights, please contact us or seek independent legal advice.

Version: 1.0
Effective Date: November 1, 2025
Last Updated: November 27, 2025
Next Review Date: May 1, 2026

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