These terms and conditions (Terms) apply to the use of this website www.stores.brews.co.nz(Website) and to the purchase and supply of all goods and services between you and via the Website. By using the Website you agree to be bound by and to comply with these Terms. If you do not accept these Terms, you must refrain from using the Website.
TERMINOLOGY
In these Terms the following words have the following meanings:
Goods means liquor, food and other consumables.
Services means the services provided by the particular store, including the delivery of Goods ordered through the Website.
You and your, are references to you as the user of the Website.
We, us and our, are references to the particular store.
AMENDMENTS TO TERMS
We reserve the right to amend these Terms from time to time. Any amendments will be effective immediately when available on the Website. Your continued use of the Website will represent an agreement by You to be bound by the amended Terms.
WARRANTY OF AGE
You must not access, browse or use the Website unless You are 18 years of age or over. You agree to comply with all applicable laws when using the Website and dealing with us.
We will not sell or supply, or arrange for the sale or supply of, Goods to individuals under 18 years of age. By submitting an order for Goods on our Website and agreeing to these Terms, You warrant that You and the person You are acting on behalf of (if You are not the purchaser) are 18 years of age or over.
REGISTRATION AND ORDERING
Goods advertised on the Website are subject to availability. To order Goods through the Website, You will need to register your details with store you choose to shop.You agree and acknowledge:
That any registration details You provide to us are true, accurate, up-to-date, complete, and not false, misleading or deceptive;
You will notify us via the Website of any changes to your registration details;
Not to disclose your username and password to third parties or either directly or indirectly, allow third parties to access, gain access to, or otherwise use the Website via your registered account; and
That We rely on the information that You provide for payment and delivery.
CANCELLATION
In the event that You want to cancel an order You may call us at the telephone number provided on our Website, and request the cancellation within 60 minutes of completing the order. An order is ‘complete’ when You have received confirmation of payment. We will provide a refund of the price of the Goods ordered, with no cancellation fee charged. If You do not call within 60 minutes but You still wish to cancel the order, We will provide a refund of the price of the Goods ordered minus a $10 or 10% cancellation fee (in our sole discretion).
CHANGING AN ORDER / REFUND POLICY
In the event that You wish to change an order You may contact us at the telephone number or email address provided on our Website, and request the change as soon as reasonably possible after completing the order. In the event of refund, we will deduct 10% from the total amount and rest will be refunded to the card the payment has came from. We only deduct 10% if we are able to fulfill the order and buyer has changed his/her mind or any other conditional argument after making the payment. We don’t charge 10% from the refund if the btls are broken or we are unable to replace them.
PRICE AND PAYMENT
You agree to pay the price of the Goods and Services, along with any applicable taxes, delivery fees and other fees specified by us on the website, by electronic banking or credit card at the time of purchase via the Website. Goods and Services will be charged at prices current as at the date of order, in New Zealand dollars and plus GST.
ACCEPTANCE AND DELIVERY
You agree that opening hours vary between different locations, and that orders can only be delivered within the opening hours authorised under the relevant liquor license.
We will use reasonable endeavours to deliver your order, or arrange for the delivery of your order, within three working days of the completion of the order. You agree and acknowledge however that We provide no guarantee that delivery will occur within such time frame. In the event delivery will be outside of such time frame We will endeavour to deliver or arrange for the delivery of your order as soon as reasonably possible.
You may inspect the Goods on our arrival to the nominated address. If upon inspection the order is incorrect We will correct the order and re-deliver at our cost. If you accept the order after inspection, you are deemed to have been satisfied with the order.
Goods will be deemed to have been delivered when they are delivered to the address nominated by You at the time of purchase. You agree to ensure safe and practical access onto the premises of the nominated address for delivery. On delivery, We, or the third party delivering the order, reserve the right to request proof of age from You and/or the recipient of the Goods (if not You).In the event:
Proof of age is not provided on request;
The recipient of the Goods is under 18 years of age;
The recipient of the Goods appears (in our sole and reasonable discretion) to be intoxicated;
We cannot access, or safely access the nominated address; and/or
The nominated address is unoccupied at the time of delivery,
You agree and acknowledge that We, and/or the third party delivering the order, may refuse to deliver the Goods. In such cases, We will refund the purchase price of the Goods ordered by You, minus a $10 cancellation fee. We will not be held liable for any loss or damage suffered by You or any third party as a result of refusing delivery.
On delivery of the Goods You will take responsibility for them and will carry the full risk of liability with no recourse to us.
EXCLUSION OF LEGISLATION
If You purchase the Goods and Services for a business purpose You agree that to the extent permitted by law the provisions of the Consumer Guarantees Act 1993 do not apply. You indemnify us from any liability arising from You on-selling the Goods in trade and failing to exclude as applicable, such legislation. If the provisions of the Consumer Guarantees Act apply to your purchase of the Goods and Services, the clause limiting our liability under these Terms will not apply. To the extent permitted by law, You also agree that the provisions of the Sale of Goods Act 1908 do not apply.
LIMITATION OF LIABILITY
We will not be liable to You for any loss of profit, loss of bargain, loss of business opportunity or exemplary damages or losses suffered by You or any third party arising out of or flowing from your use of the Website, any breach of contract, any pre-contractual misrepresentation, or other dispute arising out of these Terms and whether actionable in contract, tort (including negligence), equity or otherwise. If We are found liable for any loss or damage (including that set out above), our liability shall not exceed the price of the Goods and Services to which the liability relates.
INDEMNIFICATION
You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the Website, including but not limited to any breach by You of warranties as to age under these Terms, and from any third party claims arising out of or incidental to the supply of and/or use of the Goods and Services.
NO WARRANTIES
Subject to any specific warranties provided by us in respect of Goods or Services from time to time, to the extent permitted by law, no other warranties either express or implied by law are made by us with respect to the Products or Services.
INTELLECTUAL PROPERTY
Intellectual property rights in the Website (including but not limited to text, graphics, photos, logos, trade marks, icons, sound recordings or video recordings) and all other intellectual property rights in respect of the Goods and Services are owned or licensed by us. You do not have any right, title, or interest in such intellectual property by virtue of your purchase of the Goods and Services, or your access to, or use of, the Website. You may not in any form or by any means:
copy or translate any of the Website content, except to the extent required for the sole purpose of viewing the Website, including these Terms;
adapt, vary, decompile, reproduce, store, distribute, disseminate,print, modify, display, perform, publish, reverse engineer, segment or create derivative works for, any part of this Website;
use any information obtained from any part of the Website for a commercial purpose; or
disrupt, or otherwise interfere with the Website, without our prior written permission.
CONFIDENTIALITY
All intellectual property and other information which by its nature is intended to be treated as confidential will be confidential information for the purposes of these Terms and no party will disclose any confidential information to any third party without obtaining prior consent.
PERSONAL INFORMATION
You agree that We collect and use your personal information for purposes related to your dealings with us (including but not limited to the supply of Goods and Services and direct marketing) and in accordance with our Privacy Policy displayed on the Website. Where a third party is selling/supplying and delivering Goods via our Website, You authorise us to disclose your personal information to them for the purpose of the sale/supply and delivery of your order. We will comply with the Privacy Act 1993 and with our Privacy Policy in respect of personal information we collect, use and hold. If You are an individual, You may request access to and may correct personal information We hold about You. For detailed information about how We collect and use your personal information please see our Privacy Policy on the Website.
SECURITY OF INFORMATION AND PRECAUTIONS
You must take your own precautions to ensure that the process which You employ for accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We will use reasonable endeavours to preserve the security of information You transmit to us through the Website. However, We do not warrant:
the absolute security of such information. Any information that is transmitted to us is transmitted at your own risk.
that the Website, or any linked site, is free of viruses, malicious computer code or other interference.
that the Website will always be available, free from errors, malfunctions, or other failures.
We do not accept responsibility for interference or damage to your computer system which arises in connection with your use of the Website or any linked site. Anylinked websites to our Website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any materials, products or services referred to or contained on those linked websites and we will not be liable in respect of any content of those linked websites.
COOKIES
Cookies may be used to help us provide You with a better service. A cookie is a small text file sent by a website to your browser, which may then be stored on your computer’s hard drive so We can recognise You when You return. You may set your browser to notify You when you receive a cookie and, if You wish, to reject it, or clear cookies by using your browsers options.
DISPUTE RESOLUTION
The parties shall endeavourto resolve any disputes in relation to these Term and the supply of Goods and Service between them cooperatively in the first instance, prior to seeking resolution through the Courts.
MISCELLANEOUS
You agree and acknowledge that:
A party will not have waived or be deemed to have waived any provision of these Terms unless such waiver is in writing and executed by that party.
Termination of these Terms for any reason will not affect such rights and obligations of the parties as are intended to survive termination.
These Terms do not create any relationship of partnership, agency, employment or joint venture between You and us.
We may subcontract any of our obligations under these Terms to a third party.
If any provision of these Terms is found to be illegal, invalid or unenforceable, that provision shall be read down to the extent necessary and reasonable in all circumstances to give it a valid operation. If it cannot be so read down, that provision will be void and severable and the remaining provisions will not in any way be affected or impaired.
These Terms are governed by New Zealand law and are deemed to have been made in New Zealand and is subject to the non-exclusive jurisdiction of the New Zealand Courts.
A party will not be liable for any delay or failure in the performance of any of the obligations imposed by these Terms, provided that such failure is beyond the reasonable control of that party.