1.1.1 "Customer" means any person who uses Society Liquor (including, without limitation, any person who purchases Products via Society Liquor). Society Liquor 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 Society Liquor under that Customers registration.
1.1.5 "Products" means the products for sale on Society Liquor.
1.1.6 “Terms and Conditions” means these terms and conditions of sale (as amended from time to time).
1.1.7 " Society Liquor Limited" means Society Liquor Limited, who is the seller of the products on sale on Society Liquor.
1.1.8 " Society Liquor” means, as the context requires (i) this internet site accessible at www.societyliquor.co.nz; or Society Liquor Limited (the owner of this internet site).
1.2 Sale of all Products and use of Society Liquor subject to Terms and Conditions.
The use of Society Liquor and all sales of Products via Society Liquor are subject to these Terms and Conditions. By using Society Liquor, 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 Society Liquor relating to the subject matter herein and shall prevail over any other document purporting to have a contractual effect.
1.4 Society Liquor discretion to accept registration
Society Liquor 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
Society Liquor 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 Society Liquor indemnified against all losses, liabilities, penalties, damages, claims, demands, actions, costs, charges and expenses whatsoever which Society Liquor incurs, or which may be made against Society Liquor 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
Society Liquor shall use reasonable endeavours to prevent any unauthorised entry onto Society Liquor. However Society Liquor shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
2.1 Registration costs
The Customer shall not be liable for any registration costs to register with Society Liquor.
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
Society Liquor 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”. Society Liquor 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 Society Liquor accepts, then the price payable for the order will be adjusted accordingly to reflect the variation, and recorded on the invoice.
2.7 Society Liquor may vary prices
Society Liquor may vary the prices of the Products at any time without notice.
3. PRODUCT RANGE AND AVAILABILITY
3.1 Product availability
Every effort will be made to fulfil orders placed with Society Liquor, but Society Liquor shall not be liable to any person if Society Liquor declined to supply the Products for any reason whatsoever.
Society Liquor reserves the right to determine the specials that are available online.In addition, specials that are available online are subject to availability while stocks last.
Society Liquor does not allow back orders for specials that are not available at the point of ordering.
3.2 Product range
Society Liquor reserves the right to limit the range of Products available to certain areas.
Society Liquor reserves the right to limit quantities of Products that can be ordered by a Customer.
Society Liquor 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 Society Liquor, but Society Liquor shall not be liable to any person if Society Liquor are unable to supply Products due to the seasonal nature of such Products.
Gift Vouchers may be purchased on Society Liquor. Gift Vouchers can be redeemed on Society Liquor.
4.1 Payment by credit card
The Customer shall make payment of each order by credit card at the time of placing an order. Society Liquor accepts Visa or Mastercard. You will be charged in New Zealand dollars.
4.2 Disabling account
Society Liquor 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
Society Liquor 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 Society Liquor .
4.5 Customer Statements
The name that will appear on Customer statements will be "Society Liquor”.
5.1 Delivery Areas
Society Liquor 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 Society Liquor. This identification must include the Customer’s full name, date of birth, photo and signature. Society Liquor 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
Society Liquor may withhold the right to deliver the Products to the Customer for any reason whatsoever (including, without limitation, location).
5.4 Reasonable endeavours
Society Liquor 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 Society Liquor (email@example.com) immediately of a change to its delivery address.
5.6 Delays to delivery
Notwithstanding clause 5.3, Society Liquor shall not be liable for any failure to deliver within a reasonable time whether the delay is due to causes beyond the control of Society Liquor 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 Society Liquor to the Customer, or upon possession of the Products being given to a carrier or courier for the purposes of transmission to the Customer.
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
The customer may vary or cancel the orders from the online bottle shop (not applicable for subscription plans) up to the point in time that Society Liquor has commenced packing the order by contacting Society Liquor on 0800 S LIQUOR.
6.2 Administration fee
Society Liquor reserves the right at all times to charge the customer an administration fee of $10 for any variation / cancellation of orders from the online bottle shop, These variation / cancellation of orders must have been approved by Society Liquor in the first place, in accordance with clause 6.1.
6.3 Substitution of Product
Subject to the Customer's consent, Society Liquor may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
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
If, for any reason, you are dissatisfied with your order, please contact us within 5 days of receipt of your order on 0800 S LIQUOR for assistance.
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 Society Liquor 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 Society Liquor 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.
Subject to the CGA, Society Liquor 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, Society Liquor ’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 Society Liquor ’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
Society Liquor shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Society Liquor be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons.
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 Society Liquor immediately at checkout, but will be deemed to have been accepted and dispatched the following day.
12 INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property relating to Society Liquor is vested in and is the property of Society Liquor Limited (or is included with the permission of the relevant owner). No part of Society Liquor may be distributed or copied for any commercial purpose and you are not permitted to incorporate the contents of Society Liquor 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 Society Liquor or on any content on Society Liquor.
13 FORCE MAJEURE
If the performance by Society Liquor of its obligations under Society Liquor 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 Society Liquor) Society Liquor shall be excused from the performance of its obligations under these Terms and Conditions.
14 PRIVACY ACT
14.1 Collection of information
The Customer authorises Society Liquor 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 Society Liquor may have against the Customer in any manner that Society Liquor sees fit;
14.1.4 Making such disclosures as may, in Society Liquor’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 Society Liquor maintains the right to refuse application
If all of the requested Customer personal information is not supplied, or is not satisfactory to Society Liquor then his/her application for registration to Society Liquor may not be accepted.
14.3 Information retained by Society Liquor
The Customer agrees that any personal information supplied by the Customer will be retained by Society Liquor and will be accessible to Society Liquor’s employees and other persons or body corporate engaged by Society Liquor for or in relation to any of the purposes listed in clause 14.1 above. The Customers personal information will be held at 5 Uruti Road, Russell, NZ (or at a cloud-hosting provider as Society Liquor’s agent). Society Liquor shall retain all personal information supplied by the Customer until such time the Customer is deregistered.
The Customer authorises Society Liquor 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 Society Liquor and may request correction to that information. The Customer may do so by emailing firstname.lastname@example.org. The customer agrees to pay Society Liquor the reasonable charges requested by Society Liquor 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 Society Liquor’s direct marketing database and accepts that they may, as a result, receive electronic communications and promotional communications from Society Liquor. The Customer has the right to ask Society Liquor at any time to stop sending online communications and promotional offers to them.
The following provisions apply to promotions on Society Liquor.
For the purposes of this section, “the Promoter” means Society Liquor 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 follow competition entry instructions.
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 5 Uruti Road, Russell, 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 private message, 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 Society Liquor Limited, 5 Uruti Road, Russell NZ.
16.1 Variation of Terms and Conditions
Society Liquor 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 Society Liquor shall be governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.
If at any time Society Liquor does not enforce any of these conditions, Society Liquor 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.
The Customer may not assign any of its rights or obligations under these Terms and Conditions except with the prior written consent of Society Liquor, which may be refused at Society Liquor’s absolute discretion. Society Liquor may assign any of its rights and obligations under these Terms and Conditions.
17 OVERSEAS SHIPMENT
In the event Society Liquor agrees to ship items overseas from NZ, we do not refund duty or GST. All shipments overseas may be subject to Duty/Taxes in the country that they are destined for and are the sole responsibility of the purchaser. Purchaser will be advised international shipping charges for their order and this will need to be paid prior items can be sent,
Orders over a certain value and/or being sent to certain countries may be require further proof of identity and/or be subject to payment by direct bank transfer.
Once goods sent from Society Liquor leave New Zealand we take no further responsibility for their safe arrival. Industry experience has shown that despite best efforts, the way our parcels are treated vary immensly from country to country so we do not re-fund/replace or take any action for lost, damaged, missing or stolen goods once they leave New Zealand.