Terms of Sale
DELIVERY
Delivery partners
We utilise a network of staff, contractors, third party delivery companies and courier companies that may change from time to time depending upon your location.
Your order may contain products from different locations. If this is the case, your products will arrive separately and likely at different times.
Shipping
Information about shipping, including the cost of shipping, can be found on the Shipping information page.
Address for delivery
You agree that the address to which we will deliver your order is the address you gave for delivery. We will not deliver unless all requested delivery details are given at the time of order, and the delivery information clearly identifies where the order is to be delivered.
Delivery conditions
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
We will not deliver your order if any of our requests for verification (such as proof of identity or age) are not met.
You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.
We will not deliver your order if we consider any delivery circumstances may be unsuitable for any reason, including because any likely recipient of the ordered products appears to our delivery personnel to be under the influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable for any reason.
Delivery returns
If having commenced delivery of your order, we are unable to deliver due to circumstances beyond our reasonable control or where we did not complete delivery because of any of any conditions or restrictions as set out in these Terms of Sale, the ordered products will be returned to our storage site. We will refund the amount paid by you for those products. however we may deduct the costs incurred by us in returning the relevant products to our storage site from this refund amount.
If we have been unable to deliver due to circumstances beyond our reasonable control or where we did not complete delivery because of any of any conditions or restrictions as set out in these Terms of Sale, and we return any ordered products to our storage site, while we will refund the amount paid by you for those products, you agree that we may deduct an amount from this refund amount on account of the costs incurred by us in returning the relevant products to our storage site.
You may email us about any non-delivery or collection matters using our Contact Form.
Cancellations
We may cancel your order before delivery in whole or in part, even if we have received payment from you or sent you an invoice. For any such cancellation, we will give you reasonable cancellation notice via any of the contact details we have for you. The circumstances in which we may cancel your order are if:
your order is in breach of the Terms of Sale;
there was any error in the description of any ordered products or their price as advertised by us;
any of the ordered products are not available; or
the Terms of Sale provide that we may not deliver your order.
You agree that you cannot change or cancel an order after it has been placed, unless we have agreed (in our sole discretion) that you are able to do so. If you wish to change or cancel your order please contact our Customer Service Team as soon as possible through our Contact Form.
Risk and title
You agree that risk of loss of or damage to products that form part of your order passes on delivery of those products to the location you have specified, including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).You agree that title to the products you buy from us passes to you when we dispatch your order from the place of supply. If products are not delivered for any reason and you receive a refund (less any deductions in accordance with these Terms of Sale) you agree that title in those products shall immediately pass back to us.
RETURNS AND REFUNDS
In the event you receive products that are damaged or faulty, please contact us within 30 days of receiving your order to apply for a refund for the value of the damaged products. We reserve the right to require proof that the products were damaged or faulty prior to agreeing to any refund.
Refunds will be credited to the credit card used to make the purchase. We will use reasonable endeavours to process your refund as quickly as possible, but please allow up to 3 business days for this to occur.
GENERAL
Website Content
Your use of the Website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating any of the content on or within the Website, including our Software and all HTML and other code contained within this Website.
We may make changes to the materials, information and services at this Website at any time without notice. The materials, information and services at this Website may be out of date, and we make no commitment to update them.
Your use of the Website is also governed by our Website Terms of Use. You should read the Website Terms of Use, as they also form part of the Terms and Sale for Asahi Drinks Cart.
Changes to Terms and Conditions
These Terms of Sale may change or be suspended or terminated from time to time. These changes may relate, amongst other things, to our registration, ordering and delivery processes (including applicable charges). We will endeavour to give advance notice of any such changes on the website. Continuing to use any of our facilities, including using or ordering from the Website after the change has taken effect will be deemed acceptance of the amended terms and conditions.
Promotional discounts and offers
From time to time we may offer promotional discounts and offers which may apply in respect of certain specified purchases made through the Website. The promotional conditions of use will be specified on the Website. Promotions may be automatically applied to your cart.
Liability disclaimer
Our goods and services come with guarantees that cannot be excluded under the New Zealand Consumer Law.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantees provisions of the New Zealand Consumer Law or our liabilities under those provisions:
1. You acknowledge that our Website is provided "as is" and that we do not make any warranty or representation as to the suitability of the Website, anything (including content and websites) to or from which the Website is linked or any product for any purpose;
2. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Website, the subject matter of our agreement with you and all content to or from which the Website is linked;
3. We will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct; and
4. Where we refund you the amount of your order as provided in your agreement with us (less any deductions as set out in these Terms of Sale) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it, whether that liability is in contract, tort (including negligence), under any statute or otherwise, is reduced to the extent that you cause or contribute to the loss or damage.
