Terms of service
Terms and conditions
1. GENERAL
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1.1 Definitions
1.1.1 "Customer" means any person who uses Hamilton Beer & Wine Co (including, without limitation, any person who purchases Products via Hamilton Beer & Wine Co). Hamilton Beer & Wine Co 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 Hamilton Beer & Wine Co under that Customers registration.
1.1.5 "Products" means the products for sale on Hamilton Beer & Wine Co.
1.1.6 “Terms and Conditions” means these terms and conditions of sale (as amended from time to time).
1.1.7 "Hamilton Beer & Wine Co" means, as the context requires (i) this internet site accessible at www.beerandwine.co.nz;
1.2 Sale of all Products and use of Hamilton Beer & Wine Co subject to Terms and Conditions.
The use of Hamilton Beer & Wine Co and all sales of Products via Hamilton Beer & Wine Co are subject to these Terms and Conditions. By using Hamilton Beer & Wine Co, 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 Hamilton Beer & Wine Co relating to the subject matter herein and shall prevail over any other document purporting to have a contractual effect.
1.4 Hamilton Beer & Wine Co discretion to accept registration
Hamilton Beer & Wine Co 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
Hamilton Beer & Wine Co 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 Hamilton Beer & Wine Co indemnified against all losses, liabilities, penalties, damages, claims, demands, actions, costs, charges and expenses whatsoever which Hamilton Beer & Wine Co incurs, or which may be made against Hamilton Beer & Wine Co by any third party, as a result of the actions of a person placing orders for the Products using the Customer’s Login.
1.7 Security of Information
Hamilton Beer & Wine Co shall use reasonable endeavours to prevent any unauthorised entry onto Hamilton Beer & Wine Co. However Hamilton Beer & Wine Co shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
2. PRICE
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2.1 Registration costs
The Customer shall not be liable for any registration costs to register with Hamilton Beer & Wine Co
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
Hamilton Beer & Wine Co 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”. Hamilton Beer & Wine Co 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 Hamilton Beer & Wine Co accepts, then the price payable for the order will be adjusted accordingly to reflect the variation, and recorded on the invoice.
2.7 Hamilton Beer & Wine Co may vary prices
Hamilton Beer & Wine Co may vary the prices of the Products at any time without notice.
2.8 Prices available on Hamilton Beer & Wine Co may differ from in-store pricing.
The prices for the Products listed on Hamilton Beer & Wine Co are only available when purchasing Products online unless stated otherwise.
3. PRODUCT RANGE AND AVAILABILITY
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3.1 Product availability
Every effort will be made to fulfil orders placed with Hamilton Beer And Wine Co, but Hamilton Beer And Wine Co shall not be liable to any person if Hamilton Beer And Wine Co decline to supply the Products for any reason whatsoever.
Hamilton Beer And Wine Co reserves the right to determine the specials that are available online. Some advertised specials on behalf of Hamilton Beer And Wine Co may only be available in store and not through Hamilton Beer And Wine Co. In addition, specials that are available online are subject to availability while stocks last.
Hamilton Beer And Wine Co does not allow back orders for specials that are not available at the point of ordering.
3.2 Product range
Hamilton Beer And Wine Co reserves the right to limit the range of Products available to certain areas.
Hamilton Beer And Wine Co reserves the right to limit quantities of Products that can be ordered by a Customer.
Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co, but Hamilton Beer And Wine Co shall not be liable to any person if Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co. Gift Vouchers, Christmas Vouchers and supplier vouchers can not be redeemed on Hamilton Beer And Wine Co..
4. 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. Hamilton Beer And Wine Co accepts Visa or Mastercard. You will be charged in New Zealand dollars.
4.2 Disabling account
Hamilton Beer And Wine Co 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
Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co.
4.5 Customer Statements
The name that will appear on Customer statements will be "Hamilton Beer And Wine Co”.
5. DELIVERY
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5.1 Delivery Areas
Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co. This identification must include the Customer’s full name, date of birth, photo and signature. Hamilton Beer And Wine Co 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
Hamilton Beer And Wine Co may withhold the right to deliver the Products to the Customer for any reason whatsoever (including, without limitation, location).
5.4 Reasonable endeavours
Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co (shop@beerandwine.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, Hamilton Beer And Wine Co shall not be liable for any failure to deliver within a reasonable time whether the delay is due to causes beyond the control of Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co 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.
6. 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 Hamilton Beer and Wine Company has commenced packing the order by contacting the shop on 07 839 1190
6.2 Substitution of Product
Subject to the Customer's consent, Hamilton Beer and Wine Company may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
7. 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.
8. 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.
9. 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 Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co 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.
- LIABILITY
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10.1 Liability
Subject to the CGA, Hamilton Beer and Wine Company 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, Hamilton Beer and Wine Company'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 Hamilton Beer and Wine Company'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
Hamilton Beer and Wine Company shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Hamilton Beer and Wine Company 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 Hamilton Beer And Wine Co immediately at checkout, but will be deemed to have been accepted at 12.05 am the following day.
2. INTELLECTUAL PROPERTY
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All right, title and interest in all Intellectual Property relating to Hamilton Beer And Wine Co is vested in and is the property of Slushy Machine Imports (or is included with the permission of the relevant owner). No part of Hamilton Beer And Wine Co may be distributed or copied for any commercial purpose and you are not permitted to incorporate the contents of Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co or on any content on Hamilton Beer And Wine Co.
3 FORCE MAJEURE
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If the performance by Hamilton Beer And Wine Co of its obligations under Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co) Hamilton Beer And Wine Co shall be excused from the performance of its obligations under these Terms and Conditions.
4. PRIVACY ACT
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14.1 Collection of information
The Customer authorises Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co may have against the Customer in any manner that Hamilton Beer And Wine Co sees fit;
14.1.4 Making such disclosures as may in Hamilton Beer And Wine Co’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 applicable).
14.2 Hamilton Beer And Wine Co right to refuse application
If all of the requested Customer personal information is not supplied, or is not satisfactory to Hamilton Beer And Wine Co then his/her application for registration to Hamilton Beer And Wine Co may not be accepted.
14.3 Information retained by Hamilton Beer And Wine Co.
The Customer agrees that any personal information supplied by the Customer will be retained by Hamilton Beer And Wine Co and will be accessible to Hamilton Beer And Wine Co employees and other persons or body corporate engaged by Hamilton Beer And Wine Co for or in relation to any of the purposes listed in clause 14.1 above. The Customers personal information will be held at 413 Anglesea Street, Hamilton 3204 (or at a cloud-hosting provider as Hamilton Beer And Wine Cos agent). Hamilton Beer And Wine Coshall retain all personal information supplied by the Customer until such time the Customer is deregistered.
14.4 Disclosure
The Customer authorises Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co and may request correction to that information. The Customer may do so by emailing shop@beerandwine.co.nz. The customer agrees to pay Hamilton Beer And Wine Co the reasonable charges requested by Hamilton Beer And Wine Co 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 Hamilton Beer And Wine Co’s direct marketing database and accepts that they may, as a result, receive electronic communications and promotional communications from Hamilton Beer And Wine Co. The Customer has the right to ask Hamilton Beer And Wine Co at any time to stop sending online communications and promotional offers to them.
5. GENERAL
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15.1 Variation of Terms and Conditions
Hamilton Beer And Wine Co may at any time vary these Terms and Conditions.
15.2 Governing Law
These Terms and Conditions and any dispute arising from the use of Hamilton Beer And Wine Co shall be governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.
15.2 Enforceability
If at any time Hamilton Beer And Wine Co does not enforce any of these conditions, Hamilton Beer And Wine Co 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 enforce ability or effectiveness of any other provision of these Terms and Conditions.
15.3 Assignment
The Customer may not assign any of its rights or obligations under these Terms and Conditions except with the prior written consent of Hamilton Beer And Wine Co, which may be refused at Hamilton Beer And Wine Co’s absolute discretion. Hamilton Beer And Wine Co may assign any of its rights and obligations under these Terms and Conditions.