Terms & Condition
1. About these terms
These Terms and Conditions apply when you place an online order with Ben Thanh Kitchen through https://benthanhkitchen.com. By submitting an order, you agree to these terms. These terms are intended to be read together with our Privacy Policy and any Refund Policy published on the website.
2. Orders are for pickup
Online orders are for pickup/collection from our restaurant unless the website clearly states otherwise for a specific order. We do not guarantee delivery through our website checkout. You are responsible for providing accurate contact details and checking your order before submitting it. If we need to contact you about an order, we will use the phone number or email address you provided.
3. Order acceptance
Submitting an order does not guarantee that the order has been accepted. We may need to reject, cancel or change an order if an item is unavailable, the kitchen is closed, there is a pricing or website error, payment is not authorised, or there is another operational reason we cannot fulfil the order. If we cannot fulfil a paid order, we will contact you where possible and arrange a refund or suitable alternative.
4. Prices and menu information
Prices are shown in New Zealand dollars. Menu items, prices, availability, descriptions, images and pickup times may change without notice. We try to keep information accurate, but mistakes can happen. If a material error affects your order, we may contact you to confirm whether you still want to proceed.
5. Allergies and dietary requirements
Please tell us about allergies or dietary requirements before placing an order. While we will take reasonable care, food may be prepared in a kitchen where allergens are present. We cannot guarantee that any item is completely free from traces of allergens.
6. Payment
Online card payments are processed securely by Stripe through WooPayments/WooCommerce. We do not directly store or process your full card details. Stripe and your card issuer may perform security checks, authorise or decline payment, and process refunds or disputes according to their own systems and rules. Where “pay on pickup” is available, payment must be made when you collect the order unless we agree otherwise.
7. Cancellations, changes and refunds
Please contact us as soon as possible if you need to change or cancel an order. Because food may be prepared quickly after an order is received, we may not be able to cancel or change an order once preparation has started. Where a refund is approved for a card payment, it will usually be returned to the original payment method through Stripe. Refund processing times are controlled by Stripe and the customer’s card issuer or bank, and may take several business days to appear. Nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. If food or service does not meet applicable consumer guarantees, we will provide the remedy required by New Zealand law.
8. Pickup and late collection
Pickup times are estimates. We will try to prepare orders within the indicated timeframe, but timing may be affected by kitchen workload, product availability or circumstances outside our control. Please collect your order promptly. Food quality may reduce if an order is collected late.
9. Customer accounts
If you create an account, you are responsible for keeping login details secure and for all activity under your account. You may check out as a guest where the website allows it.
10. Acceptable use
You must not misuse the website, attempt unauthorised access, interfere with checkout or payment systems, submit false or abusive orders, or use the website in a way that may harm us, other customers or service providers.
11. Liability
To the extent permitted by New Zealand law, we are not liable for indirect loss, loss of profit, payment provider delays, website outages, or matters outside our reasonable control. Nothing in these terms limits rights or remedies that cannot legally be excluded.
12. Governing law
These terms are governed by the laws of New Zealand. Any dispute should first be raised with us so we can try to resolve it directly and in good faith.