CONDITIONS OF USE
Alcohol is sold under the licence no: 007/OFF/9030/2019 Expiry Date: 13th May 2020.
R U OVER 18?
To ensure you maximise the convenience of online ordering please remember:
Customers may be asked to provide proof of their age, at the time of delivery. Our delivery driver will request you show your original ID proof, either NZ Drivers Licence, New Zealand or Overseas Passport or HANZ 18+ Card. NO OTHER FORMS OF IDENTIFICATION WILL BE ACCEPTED AS PROOF OF AGE.
Alcohol purchases must be signed for by someone over the age of 18 on delivery. Our staff will insist on age verification if you look 25 years of age or younger, it's a judgement call so please be flattered if they ask, it's not our intent to offend!. Only New Zealand or Overseas Passport, New Zealand Driver's License and Hanz's 18+ Card will be accepted as a valid ID.
In NZ it is against the law to leave restricted goods such as alcohol unattended at an address. Please make sure that someone will be available to take delivery at the requested time because we will not leave it on the doorstep!
1. Terms and Conditions of use
1. “Customer” means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing Drinks Mate Online Shopping who is not registered to use Drinks Mate Online Shopping.
2. “Delivery Point” means an outside area of the Premises, such as the Customer’s front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.
3. “Delivery Fee” means the fee you as the customer must pay to have your order delivered and may also be referred to as “delivery fee”.
4. “GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
5. “Intellectual Property” means 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.
6.”Login” means a Customer’s personal email address and password used to access Drinks Mate Online Shopping under that Customer’s registration.
7. “Premises” means the premises at the address specified by the Customer on their registration application, as amended from time to time.
8. “Products” means the products for sale in Drinks Mate Online Shopping.
9. “Store Policies” means the store policies of Drinks Mate Online Shopping, set out in the section of the same name on Drinks Mate Online Shopping.
10. “Drinks Mate” means Drinks Mate Limited, which is the seller of the Products.
11. “Drinks Mate Group” means Drinks Mate, its related companies, and directors, officers, employees or agents of Drinks Mate or its related companies.
12.” Drinks Mate” means this internet site, IOS Mobile Application, Android Mobile Application owned by Drinks Mate Limited, being the medium by which Products are offered for sale online by Drinks Mate to the Customer.
1.2 Use of Drinks Mate Online Shopping subject to Terms and Conditions
Your access to, and use of, Drinks Mate Online Shopping is subject to the following terms and conditions. By using Drinks Mate 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 Drinks Mate Online Shopping constitute legal offers to purchase, and are capable of being accepted by Drinks Mate without any further reference to the Customer.
1.3 Terms and Conditions to prevail
These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policies.
1.4 Drinks Mate discretion to accept registration
Drinks Mate has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 Drinks Mate discretion to accept orders
Drinks Mate has the absolute discretion as to whether an order placed on its website or mobile app is accepted and fulfilled. Drinks Mate may cancel an order for any reason whatsoever. Where an order is cancelled by Drinks Mate, Drinks Mate 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 Registration and access costs
No costs are payable to register to use Drinks Mate Online Shopping, but Customers are responsible for any costs incurred in using Drinks Mate Online Shopping, including any charges imposed by their internet service provider.
1.7 Suspension or Termination
Drinks Mate may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Drinks Mate Online Shopping for any reason whatsoever.
1.8 Customer liable for every order
Customers are liable for every order made under their Login.
1.9 Trading hours
Trading hours are set from 0900 Hours to 2145 Hours.
Delivery hours are set from 0900 Hours to 2145 Hours.
All orders and payments received within trading hours will be delivered the same day. Orders received after 2145 hours will be delivered the following day.
An order submitted by a Customer at any time on Good Friday, Easter Saturday, Christmas Day or before 1:00 pm on Anzac shall be accepted by Drinks Mate at checkout but will not be supplied or delivered by Drinks Mate before the day following Good Friday, Easter Saturday, Christmas Day and after 1:00pm on Anzac Day (as the case may be).
1.10 Security of information
Drinks Mate shall use its reasonable endeavours to prevent any unauthorised entry into Drinks Mate Online Shopping. However, no member of the Drinks Mate Ltd will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into Drinks Mate Online Shopping, except where any member of Drinks Mate Limited, or its employees or agents, have acted negligently or fraudulently.
Why is Drinks Mate Online Shopping safe?
Safe technology systems – Drinks Mate Online Shopping uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data, it is stored on a secure server behind Drinks Mate’s firewalls, so that your personal details are not accessible from the internet by any third party.
Safe payment systems – Drinks Mate uses “ANZ BANK” to securely authorise credit card payments before any charges are made. For further information regarding “ANZ BANK” and how it encrypts and processes transactions, please visit www.anz.co.nz
1.12 Site content
While Drinks Mate has endeavoured to ensure that the information provided on Drinks Mate Online Shopping is free from error, no member of Drinks Mate Limited warrants its accuracy, adequacy or completeness, and no member of the Drinks Mate Limited shall be responsible or liable for any error in, or omission from, the information provided on Drinks Mate Online Shopping.
We reserve the right to make changes to the information provided on Drinks Mate Online Shopping at any time and without notice.
1.13 Use of the site
Use of this website is restricted to persons over the age of 18. It is the customer’s responsibility to show current legal identification to the person making the delivery that is the same or equivalent to the identification entered during registration and ordering. Registering is with a valid email address and an identity document as required by The Liquor Licensing Authority in order to purchase. By registering, you agree that Drinks Mate can contact you regarding your order through your email address and use your identification document to check its validity against necessary databases.
The Customer agrees not to use Drinks Mate Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions. Or for own personal use but otherwise neither Drinks Mate Online Shopping, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Drinks Mate’ prior written consent. The Customer agrees that it will not interfere with any other party’s use and enjoyment of Drinks Mate Online Shopping, or damage the operation of Drinks Mate Online Shopping, or My Beer Cases’ systems or those of other persons who use Drinks Mate Online Shopping, whether by way of a virus, corrupted file, any other software or program, or otherwise.
1.14 Acceptance of Orders
The Customer shall ensure he/she or that a person over the age of 18 years, and, in the case of orders containing alcohol, not under the influence of alcohol, is available to accept delivery of any order containing alcohol. Drinks Mate’s delivery person may request the person accepting delivery of the Products to produce satisfactory evidence of their age. If such evidence is not produced, the delivery person may refuse to deliver the alcohol Product ordered. Drinks Mate reserves the right to charge Customers an additional Delivery Fee to re-deliver such Products.
If a Customer does not wish for any such Product to be re-delivered:
(a) Drinks Mate will refund the value of that Product (as at the date on which the Product was ordered); and
(b) Drinks Mate reserves the right to charge the Customer the Delivery Fee and $10 cancellation fee for the cancelled order.
The Customer shall pay Drinks Mate for the Products ordered at the price displayed at the time the order is submitted, unless Drinks Mate 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.
The prices of Products are displayed in New Zealand dollars.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST.
2.4 Delivery fee
In addition to the price of Products ordered, the Customer shall pay Drinks Mate a Delivery Fee of $6.99 per order. This Fee covers the costs associated with the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. Drinks Mate may change this fee at any time.
For orders in excess of reasonable quantities (whether in respect of any one Product or the total size of the order), Drinks Mate reserves the right to adjust the Delivery Fee to reflect the actual cost of delivery. Whether any order exceeds a reasonable quantity or not will be determined by Drinks Mate in its absolute discretion. If Drinks Mate chooses to adjust the Delivery 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 Drinks Mate Group 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 of order and price
If the Customer requests a variation to the order under clause 6.1 which Drinks Mate accepts, then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.
Any Refunds will be deposited into a nominated bank account within 5 working days. Refunds will not be provided where a customer has changed their mind. Orders may be cancelled anytime subject to the driver not having been dispatched to the delivery address.
3. Product Availability, Range and Deals
3.1 Product availability
Every effort will be made to fulfil orders placed with Drinks Mate Online Shopping, but no member of Drinks Mate Limited shall be liable to any person if Drinks Mate is unable to or declines to supply a Product for any reason whatsoever.
Drinks Mate 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.
3.2 Product range
Drinks Mate reserves the right to limit the range of products available.
Deals are subject to availability while stocks last.
4.1 Method of payment
Customers must pay Drinks Mate for the Products purchased by credit card. Drinks Mate Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.
4.2 Payment by credit card
If a Customer’s credit card is declined by its financial institution, delivery of the relevant order will not be made, and Drinks Mate will contact the Customer to make alternative payment arrangements.
Drinks Mate reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Product ordered, Drinks Mate 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 Change to payment policy
Drinks Mate may change at any time the way in which a Customer pays for Products.
5.1 Delivery areas
If a delivery suburb is listed in the search area, this does not imply that Drinks Mate Online Shopping will deliver to all addresses within that suburb.
5.2 Right to withhold delivery
Drinks Mate reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. This reservation includes, but is not limited to, refusing service to individuals who are under the age of 18, are visibly intoxicated or to specific locations for safety reasons. Products cannot and will not be left unattended for any reason. Customers will not be charged for Products that have been withheld.
5.3 Delivery and liability
Deliveries will be made to the Delivery Point. If the delivery driver brings the products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of the Drinks Mate Group shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of the Drinks Mate Group for any direct or indirect damage or loss (including in negligence) that that member incurs, as a result of the Customer’s, or other person accepting delivery of the Products on behalf of the Customer’s, actions or inaction, which results in any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
5.4 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to Drinks Mate’s couriers, and that it is safe for those couriers to enter the Customer’s premises in order to complete the delivery. If, in the courier’s reasonable opinion, the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Drinks Mate reserves the right to charge Customers an additional Delivery Fee in respect of any deliveries repeated in accordance with this clause.
5.5 Delays to delivery
Notwithstanding any other term, no member of the Drinks Mate shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Drinks Mate or otherwise. If Drinks Mate considers that the delivery of a Customer’s order is likely to be substantially delayed, Drinks Mate may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
5.6 Incorrectly or undelivered products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case Drinks Mate will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), Drinks Mate reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, Drinks Mate reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Drinks Mate will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock Drinks Mate may cancel the order for that Product) (in each case without incurring any cancellation fee), and Drinks Mate will refund the value of the relevant Product (as at the date on which the Product was ordered).
6. Variation/Cancellation of order
(a)The Customer may vary or cancel the order up to the point in time that Drinks Mate courier has not left for their delivery address with the order by contacting the 0800 Number.
(b) If the Customer wishes to cancel an order after the order has been despatched, the Customer will incur the Delivery Fee and a $10 cancellation fee will be applicable.
(c) Drinks Mate 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:
the Products in that order are not available; or
there is an error in the price or the Product description posted on the Site for the Product in that order; or
we reasonably believe your order has been placed in breach of these terms and conditions.
(f) In the event of a cancellation by Drinks Mate, Drinks Mate will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order
Subject to 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. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of the Drinks Mate 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 Drinks Mate 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. Liability and Indemnity
The provisions contained in this clause 8 are subject to The Consumer Guarantees Act to the extent applicable.
8.1 Product liability
Subject to any statutory rights available under law, including under the Consumer Guarantees Act 1993, the Drinks Mate Group 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 Drinks Mate’s obligations hereunder.
8.2 No liability for indirect loss
No member of the Drinks Mate Group 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, Drinks Mate Online Shopping, or the delivery or failure to deliver any Products.
Notwithstanding any other term, the Customer agrees to indemnify each member of Drinks Mate Limited against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of Drinks Mate Limited, as a result of any breach by the Customer of these terms and conditions, or caused by the Customer.
9. Intellectual Property
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Drinks Mate Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, Drinks Mate Limited, its licensors and the providers of any other products and services accessible through Drinks Mate 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.
10. Force Majeure
If the performance by Drinks Mate 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 Drinks Mate) Drinks Mate shall be excused from such performance to the extent of such prevention.
11. Consumer Guarantees Act
The Customer acknowledges that where the Products are ordered for business purposes (as the term “business” is defined in the Consumer Guarantees Act 1993 (“CGA”)), the provisions of the CGA shall not apply to the sale of the Products by My Beer Sales.
The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.