1.1. All the products sold on the whiskyandmore.co.nz website are sold subject to the following terms and conditions. The Customer should ensure that they have read them thoroughly prior to purchasing any products.
1.2. These terms and conditions shall prevail over any other documentation or representation by Whisky and More, its employees or its affiliates.
1.3. Whisky and More may at any time, vary these terms and conditions.
1.4. No delay, neglect or forbearance by Whisky and More in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice Whisky and More's rights hereunder.
1.5. If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the terms will remain in full force and have full effect.
2.1. "Customer" means you and all other persons who purchase the products under your Login.
2.2. "GST" means goods and services tax.
2.3. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
2.4. "Login" means a Customer's personal password and access to the whiskyandmore.co.nz website under that Customers registration.
2.5. "Products" means all the products for sale in the whiskyandmore.co.nz website. These products can only be purchased via the whiskyandmore.co.nz website and not through any associated retail outlet.
2.6. "Site Policy" means the website policy of the whiskyandmore.co.nz website.
2.7. “Website” means this website, accessible via the www.whiskyandmore.co.nz domain name
2.8. "Whisky and More" means this Internet site being the medium by which products are offered for sale by whiskyandmore.co.nz to the Customer. Whiskyandmore.co.nz is owned by The Mill Liquorsave Limited.
3. PURCHASE TERMS
When purchasing Products on this website The Customer confirms and acknowledges that:
3.1. The Customer is over 18 years of age and is legally entitled to purchase alcohol. The Customer warrants that they can produce sufficient evidence (e.g. New Zealand Drivers Licence or passport.) of that entitlement on request prior to or upon delivery of the product.
3.2. All information supplied by the Customer to Whisky and More is correct at the time of purchase on this website.
3.3. Whisky and More may disclose the Customer’s information to their bank or Credit Card Company and for the purposes of any debt recovery proceedings Whisky and More may issue against the Customer.
4.1. The Customer shall not be liable for any registration costs to register with the Whisky and More website.
4.2. Product prices are displayed in New Zealand currency.
4.3. The price of the products is inclusive of GST.
4.4. Whisky and More shall charge the Customer a delivery fee which covers the costs associated with picking, packing and the delivery of their order. The fee shall be identified and included in the total price at the time of purchase. Whisky and More is entitled to change this fee at any time.
4.5. If the Customer requests a variation to the order which Whisky and More accepts then the price payable for the order will be adjusted to reflect the variation and recorded on the invoice.
4.6. Whisky and More may vary the prices of the products at any time without notice.
4.7. In the event that computer error results in a material misstatement of the Customer’s order Whisky and More may, prior to the customer’s receipt of the order or at any time thereafter, require that the Customer pay Whisky and More the difference between the amount charged for the order and the correct amount payable.
5.1. The Customer shall make payment of each order by credit card. Customer must pay on line as directed. Whisky and More accepts payment by Visa Mastercard
5.2. The Customer is liable for all costs associated with the collection of any unpaid amounts where the Customer's payment has defaulted. The Customer agrees to indemnify Whisky and More against any default by their credit card company to make payment to Whisky and More in full.
6. PRODUCT RANGE AND AVAILABILITY
6.1. All products are sold subject to their availability while stocks last. Whisky and More shall not be responsible for its inability to supply products to the Customer where the product is unavailable or where stock has been exhausted.
6.2. The Whisky and More website does not allow back orders for specials that are not available at the point of ordering.
6.3. Whisky and More reserves the right to limit the range of products available to certain areas.
6.4. Whisky and More reserves the right to limit quantities of the product.
6.5. Whisky and More may delay dispatch of a bulk order due to stock availability.
6.6. Gift Vouchers and Christmas Vouchers may not be purchased Online. Gift Vouchers, Christmas Vouchers and supplier vouchers can not be redeemed online.
6.7. Acceptance of an order containing alcohol made by a Customer on a Good Friday or Christmas day shall not be accepted by Whisky and More immediately on placement but be deemed to have been accepted at 12.05 am the following day.
7.1. Whisky and More delivers to most locations within the North and South Islands of New Zealand. Delivery is deemed to have taken place when the products reach the address the Customer has specified for delivery.
7.2. Property and risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address.
7.3. Nothing in these terms and conditions entitles the Customer to refuse to take delivery or return the products as being surplus to their needs or for any other reason other than those agreed herein.
7.4. Whisky and More reserves the right to refuse delivery of the Products to the Customer for any reason whatsoever.
7.5. Whisky and More shall use all reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form on a timely basis. Whisky and More is not responsible for any failure to deliver or delay in delivery caused by any event outside its reasonable control.
7.6. The Customer is to notify Whisky and More (firstname.lastname@example.org) immediately of a change to their delivery address and in such case the notification shall be treated as a new application for registration.
7.7. Advice regarding order shortages or damage in transit must be given to Whisky and More no later than three (3) days after receipt of the products.
7.8. Where Whisky and More fails to deliver or delays all or part of the Customer’s order or when loss is incurred by the Customer in relation to such delivery which is within Whisky and More's control, Whisky and More's liability shall be restricted to payment of the cost of replacing the order of part of the order as Whisky and More may determine in Whisky and More's sole discretion.
8. ORDER VARIATIONS/CANCELLATIONS/RETURNS
8.1. The Customer may vary or cancel the order up to the point in time that Whisky and More has commenced packing the order by contacting the Whisky and More Office on 07 8479567.
8.2. Subject to the Customer's consent, Whisky and More may substitute a product for another similar product if the initial product ordered by the Customer is unavailable.
8.3. Subject to clause 7.7, if for any reason, the Customer is dissatisfied with their order, they must contact Whisky and More within Seven (7) days of receipt of the order 07 8479567 for assistance.
9. DISCLAIMERS WARRANTIES AND LIMITATIONS OF LIABILITY
9.1. Whisky and More makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. The Customer expressly agrees that their use of this site is at their sole risk and that they buy the product in reliance upon their own judgment. To the full extent permissible by applicable law, Whisky and More disclaims all warranties, express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose. Whisky and More does not warrant that this site, its servers, or e-mail sent from Whisky and More are free of viruses or other harmful components. Whisky and More will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, and consequential damages.
9.2. The liability of Whisky and More whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Whisky and More obligations hereunder shall not in any event exceed an amount equivalent to the price of the product.
10. INTELLECTUAL PROPERTY
10.1. All right, title and interest in all Intellectual Property and in all concepts, systems, written, graphic and other material relating to Whisky and More shall at all times remain the property of Whisky and More. The Customer may not display or distribute the content of any part of the Website in public, including any reproduction in any form on the internet, without Whisky and More's express permission.
10.2. Any infringement of Whisky and More's intellectual property rights will be subject to litigation under New Zealand Law.
11. USE OF YOUR INFORMATION
11.1. The Customers use of this website will generate certain information that will be recorded electronically by Whisky and More. Information of this type may include, for example, the Customers IP address, usage statistics etc. Whisky and More will also record the Customer’s contact details, credit information and any related personal details that the Customer supplies or that Whisky and More obtains independently.
11.2. The Customer acknowledges that Whisky and More, its employees, carriers, contractors and agents may use or disclose any of the information identified in the previous clause for purposes connected with the supply of services to the Customer. Examples of purposes connected with supply include for example:
11.2.1. administration of the Customers order or account on the website;
11.2.2. carrying out credit checks;
11.2.3. keeping the Customer up to date with new offers / changes at Whisky and More;
11.2.4. sharing with contractors to enable the Customer to use or facilitate their use of the website;
11.2.5. Undertaking any dealings or transactions with the Customer;
11.2.6. Enforcement of any legal or other rights Whisky and More sees fit.
11.3. The Customer may at any time make a written request to see any personal information that Whisky and More holds or to ask to correct any mistakes in that information.
12. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES
12.1. The Customer agrees by registering on this website that they expressly consent to their inclusion in Whisky and More's direct marketing database and accept that they may, as a result, receive regular electronic communications and promotional communications from Whisky and More. The Customer has the right to ask Whisky and More at any time to stop sending online communications and promotional offers to them.
13. SECURITY OF INFORMATION
13.1. Whisky and More shall use its best endeavours to prevent any unauthorised entry into the Whisky and More website. However Whisky and More shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
13.2. The Customer is obligated to keep their login and password details safe and confidential at all times.
14. JURISDICTION / DISPUTES
14.1. This website is provided for use by New Zealand residents. Whisky and More makes no representations that the website complies with the laws of any country outside of New Zealand.
14.2. These terms and conditions are governed by New Zealand law and any legal action against Whisky and More must be taken in a Court in New Zealand.
14.3. The Customer agrees that in the event of any legal dispute relating to these terms and conditions the parties will attempt to settle matters by way of mediation at first instance.
15.1. The Customer may not assign any rights under this agreement except without the written consent of Whisky and More.
15.2. Whisky and More may assign its rights under this agreement without seeking the Customer’s consent.
16.1. Whisky and More will send all invoices and notices required to the address (postal, fax or email) that the Customer nominated as their referred method of contact. It is the Customer’s responsibility to ensure that the Customer keeps Whisky and More informed of any changes to their contact details.
16.2. The Customer will be deemed to have received a notice:
16.2.1. sent by email or fax, at the time it is sent;
16.2.2. sent by post, four days after it is sent.