Customer - you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing Liquor Library Online Shopping who is not registered to use Liquor Library Online Shopping
Fulfillment fee - fee you as the customer must pay to have your order picked and packed
GST - goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
Intellectual Property - all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trade mark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof
Login - Customer's personal email address and password used to access Liquor Library Online Shopping under that Customer's registration
Premises - premises at the address specified by the Customer on their registration application, as amended from time to time
Products - products for sale in Liquor Library Online Shopping
|1.2||Use of Liquor Library Online Shopping subject to Terms and Conditions
Your access to, and use of, Liquor Library Online Shopping is subject to the following terms and conditions. By using Liquor Library Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Liquor Library Online Shopping constitute legal offers to purchase, and are capable of being accepted by Liquor Library without any further reference to the Customer.
|1.3||These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policies.|
|1.4||Liquor Library has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.|
|1.5||Liquor Library has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Liquor Library may cancel an order for any reason whatsoever. Where an order is cancelled by Liquor Library, Liquor Library will make reasonable efforts to notify the Customer of the cancellation. The Customer will receive a refund of the value of the order.|
|1.6||No costs are payable to register to use Liquor Library Online Shopping with exception to the fulfillment fee & 2% Credit Card Surcharge for credit card Transactions.|
|1.7 Suspension / Termination||Liquor Library may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Liquor Library Online Shopping for any reason whatsoever.|
|1.8 Liability||Customers are liable for every order made under their Login.|
|1.9 Security||Liquor Library shall use its reasonable endeavors to prevent any unauthorized entry into Liquor Library Online Shopping. However, no member of the Liquor Library Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorized access into Liquor Library Online Shopping, except where any member of the Liquor Library Group, or its employees or agents, have acted negligently or fraudulently.|
|1.10 Site Content||While Liquor Library has endeavoured to ensure that the information provided on Liquor Library Online Shopping is free from error, no member of the Liquor Library warrants its accuracy, adequacy or completeness, and no member of the Liquor Library shall be responsible or liable for any error in, or omission from, the information provided on Liquor Library Online Shopping. We reserve the right to make changes to the information provided on Liquor Library Online Shopping at any time and without notice.|
|1.11 Usage||The Customer agrees not to use Liquor Library Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on Liquor Library Online Shopping for their own personal use but otherwise neither Liquor Library Online Shopping, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Liquor Library s’ prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of Liquor Library Online Shopping, or damage the operation of Liquor Library Online Shopping, or Liquor Library s’ systems or those of other persons who use Liquor Library Online Shopping, whether by way of a virus, corrupted file, any other software or program, or otherwise.|
The Customer shall pay Liquor Library for the Products ordered at the price displayed at the time the order is submitted, unless Liquor Library notifies the Customer, at any time, that an error has been made in the price displayed. Subject to any error made in the display of prices, no adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered
|2.2 Currency||The prices of Products are displayed in New Zealand currency.|
|2.3 GST||Prices inclusive of GST|
|2.4 Fulfillment fee||In addition to the price of Products ordered, the Customer shall pay Liquor Library a Fulfillment Fee. This Fee covers the costs associated with picking, packing and the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. Liquor Library may change this fee at any time.
For orders in excess of 20 kilograms (whether in respect of any one Product or the total size of the order), Liquor Library reserves the right to adjust the Fulfillment Fee to reflect the actual cost, If Liquor Library chooses to adjust the Fulfillment Fee, the Customer will be contacted prior to the order being delivered to confirm acceptance of the revised fee. Deliveries of such orders will not be made unless and until this confirmation is obtained. No member of the Liquor Library shall be liable to the Customer for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.
|2.5 Variation||Variation of order and price If the Customer requests a variation to the order which Liquor Library accepts, then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.|
|2.6 Credit limits||Liquor Library may from time to time set credit limits for individual Customers.|
3. Product Availability, Range, Deals and Quantity
|3.1 Availability||Every effort will be made to fulfill orders placed with Liquor Library Online Shopping, but no member of the Liquor Library shall be liable to any person if Liquor Library is unable to or declines to supply a Product for any reason whatsoever.
Liquor Library reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly. Liquor Library may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
|3.2 Range||Liquor Library reserves the right to limit the range of products available online. Liquor Library reserves the right to limit quantities of Products that can be ordered by a Customer. Liquor Library may delay dispatch of a bulk order due to stock availability.|
|3.3 Deals||Deals are subject to availability while stocks last. Liquor Library Online Shopping does not allow back orders for deals that are out of stock.|
|3.4 Seasonal lines||Every effort will be made to fulfil orders placed with Liquor Library, but Liquor Library shall not be liable to any person if Liquor Library are unable to supply Products due to the seasonal nature of such Products.|
|3.5 Substitution||If Liquor Library is unable to or declines to supply a Product ordered by a Customer, Liquor Library may, except if the Customer otherwise directs by de-selecting the "Substitutions are OK" box at the online checkout, substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.
If Liquor Library cannot make a substitution on this basis, Liquor Library may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.
Liquor Library reserves the right to refuse to substitute any particular Product for any reason whatsoever.
|4.1 Method of Payment||Customers must pay Liquor Library for the Products purchased by credit card and POLI payments|
|4.2 Payment by Credit card||If a Customer's credit card is declined by its financial institution, collection of the relevant order will not be offered, and Liquor Library will contact the Customer to make alternative payment arrangements. Liquor Library reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever|
|4.3 Adjustments||If a Customer is invoiced an incorrect amount for any Product ordered, Liquor Library shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced|
|4.4 Debt Collection||The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order|
|4.5 Payment policy||Liquor Library may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect|
|4.6 Surcharge||2% surcharge will be added to the total amount payable when a payment is made with credit cards|
5. Variation / Cancellation of Order
|5.1||The Customer may vary or cancel the order up to the point in time that Liquor Library has commenced packing the order by contacting the Liquor Library contact number that is listed on our website.|
|5.2||If the Customer wishes to cancel an order after the order has been packed, the Customer will incur a $10 cancellation fee.|
Liquor Library may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
5.3.1 the Products in that order are not available; or
In the event of a cancellation by Liquor Library, Liquor Library will endeavor to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
|6.1 Products||Risk in the Products shall pass to the Customer upon delivery. Ownership of any Products passes to the Customer when the Customer has paid for the Products in full and delivery is made.|
|6.2 Login||The Customer shall keep their Login details safe and confidential at all times|
|7.1 Delivery Areas||Liquor Library delivers to all locations within the North and South Islands of New Zealand|
|7.2 Proof of ID||The Customer warrants that they will show current identification to the person(s) delivering the goods for Liquor Library. This identification must include the Customer’s full name, date of birth, photo and signature. Liquor Library 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|
|7.3 Reasonable endeavors||Liquor Library shall use reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form within a reasonable time|
|7.4 Change of Address||The Customer is to notify Liquor Library immediately of a change to its delivery address and in such case the notification shall be treated as a new application for registration|
|7.5 Delays to delivery||Liquor Library shall not be liable for any failure to deliver within a reasonable time whether the delay is due to causes beyond the control of Liquor Library or otherwise|
|7.6 Delivery deemed to have taken place||Delivery will be deemed to be effected upon the direct transfer of possession of the Products from Liquor Library 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|
|7.7||Delivery is complete when the products reach the address you have specified for delivery. We will be responsible for arranging the delivery of products unless you arrange otherwise with us|
|7.8||Advice regarding order shortages or damage in transit must be given to our customer service team no later than three days after receipt of products|
|7.9||Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion)|
|8.1||Subject to clause 14 and any provisions in the Consumer Guarantees Act 1993 and Fair Trading Act 1986, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law.|
|8.2||The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of the Liquor Library Group other than the express provisions of these terms and conditions. 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 no member of the Liquor Library Group assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.|
|8.3||We represent and warrant to you that the products:
a) Are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels;
b) Are reasonably fit for the purpose that we represent;
c) Supplied by description correspond with their description
9. Liability and Indemnity
|9.1||Product liability Subject to any statutory rights available under law, including under the Consumer Guarantees Act 1993, Liquor Library shall not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Liquor Library 's obligations hereunder|
|9.2||No liability for indirect loss No member of the Liquor Library shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, Liquor Library Online Shopping, or the delivery or failure to deliver any Products|
10. Special Products
|10.1 Alcohol||If the Customer's order includes any liquor Product, the Customer warrants that he/she is over the age of 18 years and legally entitled to purchase any such Product, and that he/she is not under the influence of alcohol at the time the order is submitted|
|10.2 Restrictions on use of login to purchase alcohol products||The Customer shall ensure that no person or persons shall use his/her Login to purchase any tobacco or alcohol Product if that person or those persons cannot satisfy Clause 10.1|
|10.3 Right to seek verification||If a Customer submits an order, Liquor Library may contact that Customer to verify their age. If Liquor Library is not satisfied as to the ability of the Customer to truthfully give the warranty in clause 7.1 or 7.2 (as the case may be), Liquor Library reserves the right to cancel the order.|
|10.4 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 Liquor Library immediately at checkout, but will be deemed to have been accepted at 12.05 am the following day|
11. Intellectual Property
|11.1||All rights, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Liquor Library Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, Liquor Library, its licencors and the providers of any other products and services accessible through Liquor Library Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.|
12. Force Majeure
|12.1||If the performance by Liquor Library of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by 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 (whether similar to the foregoing or not) beyond the reasonable control of Liquor Library) Liquor Library shall be excused from such performance to the extent of such prevention|
13. Links to and from other websites
|13.1||Links to third party websites Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by the Liquor Library. Liquor Library does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than Liquor Library Online, https://www.liquorlibrabry.co.nz/|
|13.2 Hyperlinks||The Customer agrees that it will not create a hyperlink to Liquor Library Online Shopping without Liquor Library Ltd's written permission. If a Customer does create a hyperlink to Liquor Library Online Shopping, that Customer is responsible for all losses any member of the Liquor Library may suffer as a result of that link, whether direct or indirect. Linking to Liquor Library Online Shopping is at the Customer's own risk. The Customer agrees that is shall not frame any part of Liquor Library Online Shopping by including advertising or other revenue generating material|
14. Variation of terms and conditions
|14.1||From time to time Liquor Library Online Shopping may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of Liquor Library Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes|
15. Governing Law
|15.1||New Zealand law governs the use of Liquor Library Online Shopping and these terms and conditions.|