Terms and conditions

1. GENERAL

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1.1 Definitions

1.1.1 "Customer" means any person who uses whiskeyandmore (including, without limitation, any person who purchases Products via whiskeyandmore). whiskeyandmore reserves the right to refuse customers who purchases goods for resale.

1.1.2 "GST" means any amounts levied or charged pursuant to the Goods and Services Tax Act 1985.

1.1.3 "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.

1.1.4 "Login" means a Customer's personal password and access to whiskeyandmore under that Customers registration.

1.1.5 "Products" means the products for sale on whiskeyandmore.

1.1.6 “Terms and Conditions” means these terms and conditions of sale (as amended from time to time).

1.1.7 "Slushy Machine Imports" means Slushy Machine Imports Limited, who is the seller of the products on sale on whiskeyandmore.

1.1.8 "whiskeyandmore" means, as the context requires (i) this internet site accessible at www.whiskeyandmore.co.nz; or Slushy Machine Imports (the owner of this internet site).

1.2 Sale of all Products and use of whiskeyandmore subject to Terms and Conditions.

The use of whiskeyandmore and all sales of Products via whiskeyandmore are subject to these Terms and Conditions. By using whiskeyandmore, the Customer will be deemed to have accepted these Terms and Conditions.

1.3 Terms and Conditions to prevail

These Terms and Conditions constitute the entire agreement between the Customer and whiskeyandmore relating to the subject matter herein and shall prevail over any other document purporting to have a contractual effect.

1.4 whiskeyandmore discretion to accept registration

whiskeyandmore has the absolute discretion to refuse the registration of a potential Customer and the purchase of goods by a Customer for any reason whatsoever.

1.5 Termination of Registration

whiskeyandmore has the absolute discretion to terminate the registration of any Customer for any reason whatsoever.

1.6 Customer liable for every order

The Customer will be liable for every order made under its Login and agrees to indemnify and keep whiskeyandmore indemnified against all losses, liabilities, penalties, damages, claims, demands, actions, costs, charges and expenses whatsoever which whiskeyandmore incurs, or which may be made against whiskeyandmore by any third party, as a result of the actions of a person placing orders for the Products using the Customer’s Login.

2.7 Security of Information

whiskeyandmore shall use reasonable endeavours to prevent any unauthorised entry onto whiskeyandmore. However whiskeyandmore shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.

 

  1. PRICE

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2.1 Registration costs

The Customer shall not be liable for any registration costs to register with whiskeyandmore.

2.2 Currency

The prices of products are displayed in New Zealand currency.

2.3 Prices inclusive of GST

The prices of the Products are inclusive of GST and any other sales tax.

2.4 Internet Service Provider charges

The Customer shall be individually responsible for any Internet Service Provider charges.

2.5 Delivery charge

whiskeyandmore shall charge the Customer a delivery charge which covers the costs associated with the picking, packing and delivery of the Customer’s order. The charge shall be identified and included in the total price at the point of “checkout”. whiskeyandmore is entitled to change this charge at any time for future orders.

2.6 Variation of order and price

If the Customer requests a variation to an order which whiskeyandmore accepts, then the price payable for the order will be adjusted accordingly to reflect the variation, and recorded on the invoice.

2.7 whiskeyandmore may vary prices

whiskeyandmore may vary the prices of the Products at any time without notice.

2.8 Prices available on whiskeyandmore may differ from in-store pricing.

The prices for the Products listed on whiskeyandmore are only available when purchasing Products online unless stated otherwise.

 

  1. PRODUCT RANGE AND AVAILABILITY

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3.1 Product availability

Every effort will be made to fulfil orders placed with whiskeyandmore, but whiskeyandmore shall not be liable to any person if whiskeyandmore decline to supply the Products for any reason whatsoever.

whiskeyandmore reserves the right to determine the specials that are available online. Some advertised specials on behalf of whiskeyandmore may only be available in store and not through whiskeyandmore. In addition, specials that are available online are subject to availability while stocks last.

whiskeyandmore does not allow back orders for specials that are not available at the point of ordering.

3.2 Product range

whiskeyandmore reserves the right to limit the range of Products available to certain areas.

whiskeyandmore reserves the right to limit quantities of Products that can be ordered by a Customer.

whiskeyandmore may delay dispatch of a bulk order due to stock availability. Delivery may be by instalments.

3.3 Seasonal lines

Every effort will be made to fulfil orders placed with whiskeyandmore, but whiskeyandmore shall not be liable to any person if whiskeyandmore are unable to supply Products due to the seasonal nature of such Products.

3.4 Vouchers

Gift Vouchers and Christmas Vouchers may not be purchased on whiskeyandmore. Gift Vouchers, Christmas Vouchers and supplier vouchers can not be redeemed on whiskeyandmore.

 

  1. PAYMENT

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4.1 Payment by credit card

The Customer shall make payment of each order by credit card at the time of placing an order. whiskeyandmore accepts Visa or Mastercard. You will be charged in New Zealand dollars.

4.2 Disabling account

whiskeyandmore reserves the right to disable a customer's account for any reason whatsoever.

4.3 Debt Collection

The Customer is liable for all costs associated with debt collection where the Customer's payment has defaulted for an order(s).

4.4 Change to Payment Policy

whiskeyandmore may change at any time the way in which the Customer pays for the Products, and any change will be notified to the Customer via whiskeyandmore.

4.5 Customer Statements

The name that will appear on Customer statements will be "whiskeyandmore”.

 

  1. DELIVERY

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5.1 Delivery Areas

whiskeyandmore delivers to most locations within the North and South Islands of New Zealand.

5.2 Proof of ID

The Customer warrants that they will show current identification to the person(s) delivering the goods for whiskeyandmore. This identification must include the Customer’s full name, date of birth, photo and signature. whiskeyandmore will not deliver to any Customer who is under the age of 18 and / or cannot show identification proving they are 18 years or older.

5.3 Right to withhold delivery

whiskeyandmore may withhold the right to deliver the Products to the Customer for any reason whatsoever (including, without limitation, location).

5.4 Reasonable endeavours

whiskeyandmore shall use reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form within a reasonable time.

5.5 Change of Address

The Customer is to notify whiskeyandmore (info@whiskeyandmore.co.nz) immediately of a change to its delivery address and in such case the notification shall be treated as a new application for registration.

5.6 Delays to delivery

Notwithstanding clause 5.3, whiskeyandmore shall not be liable for any failure to deliver within a reasonable time whether the delay is due to causes beyond the control of whiskeyandmore or otherwise.

5.7 Delivery deemed to have taken place

Delivery will be deemed to be effected upon the direct transfer of possession of the Products from whiskeyandmore to the Customer, or upon possession of the Products being given to a carrier, courier or other bailee for the purposes of transmission to the Customer.

 

  1. VARIATION/CANCELLATION OF ORDER

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6.1 Variation/cancellation of order

The customer may vary or cancel the order up to the point in time that whiskeyandmore has commenced packing the order by contacting Whisky and More on 029 773 0394.

6.2 Substitution of Product

Subject to the Customer's consent, whiskeyandmore may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.

 

  1. PROPERTY/RISK

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7.1 Products

Risk in the Products shall pass to the Customer upon delivery (as described in clause 5.7). Ownership of any Products passes to the Customer when the Customer has paid for the Products in full and delivery is made.

7.2 Login and email

The Customer is obligated to keep their login and password details safe and confidential at all times.

 

  1. RETURNS OF PRODUCTS/REFUNDS

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If, for any reason, you are dissatisfied with your order, please contact us within 7 days of receipt of your order on 029 773 0394 for assistance.

 

  1. WARRANTIES

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9.1 Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of whiskeyandmore is authorised to make any warranties, representations or unauthorised warranties, representations or statements. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that whiskeyandmore assumes no obligation or liability for any advice given and all Products are accepted by the Customer entirely at the Customer’s risk.

9.2 Consumer Guarantees Act

The Customer acknowledges and agrees that where the Products are ordered for business purposes (as that term is defined in the Consumer Guarantees Act 1993) ("CGA") the provisions of the CGA shall not apply.

 

  1. LIABILITY

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10.1 Liability

Subject to the CGA, whiskeyandmore excludes all liability for damage, injury or loss arising directly or indirectly from any defect in or non-compliance of the Products. In any event, whiskeyandmore’s liability, 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 whiskeyandmore’s obligations under these Terms and Conditions shall not exceed the price of the Products ordered by the Customer.

10.2 No liability for indirect loss

whiskeyandmore shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall whiskeyandmore be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons.

 

11.SPECIAL PRODUCTS

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11.1 Alcohol

If the Customer's Order includes any liquor product the Customer warrants that he/she is not under the age of 18 years, is legally entitled to purchase any liquor product, and is not under the influence of alcohol at that time.

11.2 Restrictions on use of login to purchase special products

The Customer shall ensure that no person or persons shall use his/her login to purchase alcohol if that person or persons cannot satisfy clause 11.1.

11.3 Acceptance of orders containing alcohol

An order containing alcohol made by a Customer on an Easter Sunday, Good Friday, Christmas Day or before 1pm on Anzac Day shall not be accepted by whiskeyandmore immediately at checkout, but will be deemed to have been accepted at 12.05 am the following day.

 

  1. INTELLECTUAL PROPERTY

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All right, title and interest in all Intellectual Property relating to whiskeyandmore is vested in and is the property of Slushy Machine Imports (or is included with the permission of the relevant owner). No part of whiskeyandmore may be distributed or copied for any commercial purpose and you are not permitted to incorporate the contents of whiskeyandmore or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. Further, you may not copy, use, remove or alter any Intellectual Property that appears on whiskeyandmore or on any content on whiskeyandmore.

 

  1. FORCE MAJEURE

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If the performance by whiskeyandmore of its obligations under whiskeyandmore is prevented by reason of "force majeure" (which shall include fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of whiskeyandmore ) whiskeyandmore shall be excused from the performance of its obligations under these Terms and Conditions.

 

  1. PRIVACY ACT

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14.1 Collection of information

The Customer authorises whiskeyandmore to collect, retain and use personal information about the Customer for the purposes of:

14.1.1 Assessing the Customer's credit-worthiness;

14.1.2 Undertaking any dealings or transactions with the Customer;

14.1.3 Enforcement of any legal or other rights whiskeyandmore may have against the Customer in any manner that whiskeyandmore sees fit;

14.1.4 Making such disclosures as may in whiskeyandmore’s opinion be required for any of the above purposes or generally to do business;

14.1.5 Sending the Customer any advertising or promotional material; and

14.1.6 Determining prize winners of promotions (if applciable).

14.2 whiskeyandmore right to refuse application

If all of the requested Customer personal information is not supplied, or is not satisfactory to whiskeyandmore then his/her application for registration to whiskeyandmore may not be accepted.

14.3 Information retained by whiskeyandmore

The Customer agrees that any personal information supplied by the Customer will be retained by whiskeyandmore and will be accessible to whiskeyandmore employees and other persons or body corporate engaged by whiskeyandmore for or in relation to any of the purposes listed in clause 14.1 above. The Customers personal information will be held at 118 Spa Road, Taupo NZ (or at a cloud-hosting provider as whiskeyandmore’s agent). whiskeyandmore shall retain all personal information supplied by the Customer until such time the Customer is deregistered.

14.4 Disclosure

The Customer authorises whiskeyandmore to disclose all or any part of any personal information provided by the Customer to a third party for any of the purposes listed in clause 14.1 above.

14.5 Customer rights

Under the Privacy Act 1993, the Customer has rights of access to his or her personal information held by whiskeyandmore and may request correction to that information. The Customer may do so by emailing privacy@whiskeyandmore.co.nz. The customer agrees to pay whiskeyandmore the reasonable charges requested by whiskeyandmore in relation to time and attendances involved in complying with the Customer's request in this regard.

14.6 Consent to receipt of electronic messages

The Customer consents to his or her inclusion in whiskeyandmore’s direct marketing database and accepts that they may, as a result, receive electronic communications and promotional communications from whiskeyandmore. The Customer has the right to ask whiskeyandmore at any time to stop sending online communications and promotional offers to them.

 

  1. COMPETITIONS/PROMOTIONS

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The following provisions apply to promotions on whiskeyandmore.

For the purposes of this section, “the Promoter” means Slushy Machine Imports Limited.

Instructions, prizes and information on how to enter form part of these conditions of entry. By entering, entrants accept these conditions of entry.

Entry is only open to New Zealand residents aged 18 years or older. Directors, management and employees of the Promoter, participating outlets/venues and of the agencies or companies associated with this promotion (including the immediate family members of the before mentioned people) are ineligible to enter.

The promotion is only valid for the stated promotional period.

To enter the promotion, entrants must:

  1. a) Fully complete an on-line entry form when available at whiskeyandmore.co.nz. Entrants may receive a text or email reply confirming they are in the draw with a chance to win. By entering this promotion, entrants consent to receiving this text or email.
  2. b) The promoter and associated companies with this competition are not liable for any SMS costs incurred by interacting with a SMS short code or on-line entry form. This includes but is not restricted to the excessive use of SMS messaging. All network charging is out of the control of the promoter. Standard messaging fee’s will apply. For information about SMS rates and costs to short codes, please contact your mobile network service provider.
  3. c) The Promoter reserves the right to verify the validity of entries. Where purchase is required to enter all entrants must retain the proof of purchase receipt to validate each entry.

No responsibility is accepted for late, lost, incomplete, illegible or misdirected entries.

The Promoter reserves the right to verify the validity of entries. The Promoter reserves the right to disqualify any entrant who tampers with or benefits from any tampering with the entry process or with the entry process or with the operation of the competition, or for submitting an entry which is not in accordance with these conditions of entry or acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.

Prize Draws will take place at 118 Spa Road, Taupo, New Zealand or at any authorised associated premises.

The judge's decision as to whether any entry is valid and the result of the draw is final and no correspondence will be entered into.

Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.

The prize winners will be notified by text, phone, e-mail or in writing. In the event that a winner is not contactable for two weeks after the prize draw, the Promoter will conduct such further draws at the same place as the original prize draw as are necessary in order to distribute prizes and the previous winner will forfeit their prize, subject to any written directions of any relevant gaming authority.

Prizes are not transferable or exchangeable and cannot be redeemed for cash. In the event for any reason a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where any prize is unavailable for any reason, the Promoter reserves the right to substitute that prize for a prize of equal value as determined by the Promoter.

The prize winners must at the Promoter’s request, participate in any marketing and promotional activity in relation to winning the prize, free of charge, and consent to the Promoter using their name and image in such promotional material.

The Promoter reserves the right to request winners to provide proof of age and identity prior to awarding any prize. Identification considered suitable for verification is at the discretion of the Promoter.

If for any reason this promotion is not capable of running as planned (including but not limited to) technical failures, unauthorised intervention, fraud or any other causes beyond the control of the Promoter) which corrupts or affect the administration, security, fairness, or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the promotion.

The Promoter will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), damage or personal injury suffered or sustained in relation to this promotion or the acceptance or use of any prizes (whether or not arising from any person’s negligence) except for any liability which cannot be excluded by law, in which case it will be excluded to the minimum allowable by law.

Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage in transit to prizes.

The Promoter encourages consumers to enjoy responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended by the Alcohol Advisory Council of New Zealand (ALAC). These levels are based on a measurement called the 'standard drink'. Each standard drink contains 10 grams of alcohol.

On any one drinking occasion you should drink no more than - six standard drinks (for men) and four standard drinks (for women). In any one week, you should drink no more than - 21 standard drinks (for men) and 14 standard drinks (for women). For further information visit www.alcohol.org.nz.

All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting the competition. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting the competition or communicating with entrants. By entering the competition entrants consent to the storage of their personal information on the Promoter’s database and the Promoter may use this information for future promotional and marketing purposes regarding the Promoter’s products including contacting the entrant via electronic messaging. The Promoter is bound by the Information Privacy Principles in the Privacy Act 1993. Entrants can request access to, and correction of, the personal information the Promoter holds about them or may request that they not receive further promotional or marketing communications from the Promoter by contacting the Promoter at the address below.

The Promoter is Slushy Machine Imports Limited, 118 Spa Road, Taupo NZ.

 

  1. GENERAL

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16.1 Variation of Terms and Conditions

whiskeyandmore may at any time vary these Terms and Conditions.

16.2 Governing Law

These Terms and Conditions and any dispute arising from the use of whiskeyandmore shall be governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.

16.2 Enforceability

If at any time whiskeyandmore does not enforce any of these conditions, whiskeyandmore will not be construed as having waived that condition or its right to later enforce that or any other condition. In addition, where any provision of these Terms and Conditions is rendered void, unenforceable or otherwise ineffective by operation of law, that will not affect the enforceability or effectiveness of any other provision of these Terms and Conditions.

16.3 Assignment

The Customer may not assign any of its rights or obligations under these Terms and Conditions except with the prior written consent of whiskeyandmore, which may be refused at whiskeyandmore’s absolute discretion. whiskeyandmore may assign any of its rights and obligations under these Terms and Conditions.

 

  1. LOWEST PRICE OFFER

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 17.1

Email us the product name, size and price along with a link to the website where you’ve seen the product. Also if you can, include a screen shot showing the total price including delivery or a link to the relevant delivery charges.

We’ll then approved it and get back to you with our matching offer.

17.2 Products must be ‘in stock’ and able to be added to the shopping carts of Whisky and Mores website and the other parties website.

17.3 Offer applies to individual products being sold as single items.

17.4 Offer does not apply to closing down, liquidation sales, promo codes, etc.

17.5 Buyers must be over 18 years of age and not under the unfluence of alcohol.

17.6 The price comparison is between the ‘delivered’ cost ie. after any freight charges.

17.7 This offer can be change or revoked at any time without notice.

17.8 This offer is only valid for orders that are yet to be placed with Whisky and More ie. not on orders already placed.

17.9 This offer can only be used for a maximum of 6 identical items.

17.91 The decision to honour this offer is at our discretion and no subsequent correspondence will be entered into.

17.92 By requesting to participate in this offer you are deemed to accept any applicable Terms and Conditions.