TERMS AND CONDITIONS OF SALE - BOTTLE SERVICE NZ LTD
Your purchase and use of the Products and Services available via this Website is subject to the following terms and conditions. By using this website you confirm that you have read, understood and accepted these terms and conditions of sale, and agree to be bound by them.
PURCHASE OF PRODUCTS
Registration and Subscription Rules
- As part of your Registration for the Bottle Service NZ service you must select a Subscription.
- You agree to pay for the products ordered in accordance with your Subscription.
- Subject to your Subscription, your order constitutes an order for a recurring purchase and delivery of products and will, subject to the rights to pause and terminate, continue indefinitely.
- A Subscription can be paused or terminated at any time in accordance with these terms and conditions.
- You warrant that you are over the age of 18 years at date of purchase and legally entitled to select a Subscription for purchase of the Products.
- You understand that Bottle Service NZ may contact you to verify your age. If Bottle Service NZ is not satisfied as to your ability to truthfully provide the above warranty, Bottle Service NZ reserves its right to cancel your order.
- You warrant that you are not under the influence of alcohol at the time your order is submitted.
- All orders, Delivery Point changes, order amendments and requests for pausing or terminating of orders must be received via email to firstname.lastname@example.org by 12pm noon NZST, the 15th of the month prior to the affected Delivery Timeframe.
- All deliveries will be made (subject to the Delivery Timeframes detailed below) to the requested Delivery Point.
- In order to receive your delivery, you must ensure that a person over the age of 18 years, and not under the influence of alcohol, is available at the Delivery Point to accept and sign for your delivery. Bottle Service NZ reserves the right to require its couriers to request the person accepting the delivery provide suitable proof of age evidence for verification purposes.
- If suitable evidence of age is withheld or no person meeting the requirements of clause (10) above is present to accept delivery, Bottle Service NZ’s courier may refuse the delivery of an order. Such an event would be considered a failed delivery - and would be subject to the provisions of failed deliveries under these terms and conditions.
- If Bottle Service NZ or the courier has reasonable grounds to suspect that the delivery and supply of Products would have the effect of supplying alcohol to persons under of 18 years of age, Bottle Service NZ reserves the right to refuse to release the order and the provisions of failed deliveries will apply.
- All communications relating to your subscription must be submitted via email to
BOTTLE SERVICE NZ DISCRETION
You understand that Bottle Service NZ has the absolute discretion to:
- refuse the Registration application of a potential customer for any reason whatsoever;
- to accept and fulfil any order placed on its website;
- to cancel any order for any reason whatsoever; and
- to suspend or terminate the ability of any customer to order through the website for any reason whatsoever.
CUSTOMER LIABLE FOR EVERY ORDER
You are liable for every order made through your account's Login which has not been cancelled or paused, pursuant to the Registration and Subscription rules.
TRADE NOT SUPPLIED
Unless otherwise agreed with Bottle Service NZ, you may not purchase any Products through the website for the purposes of resale or distribution.
PRICE AND PAYMENT
- You must pay for your Subscription via the Bottle Service NZ Website using credit or debit card. At this stage the Bottle Service NZ Website does not accept any other forms of payment.
- All payments for your Subscription will be invoiced and deducted or debited from your nominated credit or debit card immediately following your first order.
- All payments for subsequent orders under your Subscription will be invoiced and deducted or debited from your nominated credit or debit card on the Tuesday before your intended Delivery Timeframe.
- All prices are quoted in New Zealand dollars (NZD) and are inclusive of GST and delivery fees.
- All prices for Subscriptions are as displayed on the Website.
- Bottle Service NZ reserves the right to change its prices at any time, subject to clause (7) below.
- Bottle Service NZ will notify you of any price increase by email at least one full calendar month before the Delivery Timeframe for any affected Subscription.
- If your credit or debit card is declined or fails to process payment for your Subscription, Bottle Service NZ may decline to deliver the affected order, or contact you directly to make alternative arrangements for payment.
- Bottle Service NZ reserves the right to refuse payment from any customer for any reason whatsoever.
- If you are invoiced or charged incorrectly, Bottle Service NZ will make the necessary adjustments by refund or additional debit to reflect the correct sum. Bottle Service NZ reserves the right to either credit or debit your nominated card, or credit or debit your account balance via your online account as appropriate.
- Bottle Service NZ reserves its rights to recover any debt via a third-party debt collection agency. You agree to indemnify Bottle Service NZ for the costs of collection of any overdue amounts, including the costs incurred by Bottle Service NZ in recovering the debt.
PRODUCT AVAILABILITY, QUALITY AND QUANTITY
- Bottle Service NZ will make every effort to fulfil orders placed with Bottle Service NZ and its Website; however no customer of Bottle Service NZ shall be liable to any person if Bottle Service NZ is unable to, or declines to supply, any products for any reason whatsoever.
- Bottle Service NZ reserves the right to limit quantity of product able to be ordered by, or delivered to you. If your order is reduced in accordance with this clause, the price payable by you will be adjusted accordingly, and Bottle Service NZ will notify you by email in advance of your delivery.
- Bottle Service NZ may delay the dispatch of orders due to stock availability. If Bottle Service NZ is unable to or declines to supply any Products to you, Bottle Service NZ may substitute for similar Products of equal or higher value.
- Bottle Service NZ will do all things reasonable to ensure the quality of its Products. If Bottle Service NZ agrees that Products were delivered to you in a damaged or spoiled condition, Bottle Service NZ shall, at your request, credit the value of the relevant Product to your credit or debit card or to your online account and take any other step as may be required by the Consumer Guarantees Act 1993.
- All deliveries will be subject to these terms and conditions.
- You will be immediately notified upon registration if Bottle Service NZ is able to deliver to your nominated delivery address. All delivery locations are accepted based on suburb and postcode confirmation.
- Bottle Service NZ reserves the right to withhold the delivery of any products to you for any reason whatsoever. You will not be charged for any products withheld by Bottle Service NZ.
- All deliveries will be made to the Delivery Point in accordance with the specified Delivery Timeframes.
- Bottle Service NZ is entitled to engage a third party to make deliveries. Bottle Service NZ will not be liable for any direct or indirect damage or loss (including negligence) suffered by you or any third party in making your delivery.
- Bottle Service NZ shall be entitled to assume that the person accepting delivery of products is either the Customer or someone authorised by the Customer to accept delivery on their behalf.
- You must ensure that your Delivery Point is easily accessible by Bottle Service NZ’s contractor. If, in our contractor’s opinion, the Delivery Point is inaccessible, or for whatever reason, the Delivery Point is deemed unsafe, Bottle Service NZ will make contact with you to make alternative arrangements.
- Bottle Service NZ reserves its rights to charge further delivery fees for such repeated deliveries. Such repeated deliveries include without limitation the requirement to re-deliver Products due to your inability to provide evidence of legal age in accordance with the Registration and Subscription Rules (“Failed Deliveries”).
- You must notify Bottle Service NZ immediately of any change in your Delivery Point.
- Bottle Service NZ aims to deliver on time, but may from time to time, due to reasons beyond its control, be delayed - and shall not be liable for failure to deliver on a timely basis. If the delay is considered by Bottle Service NZ as substantial, Bottle Service NZ will contact you to make alternative arrangements.
- Where a Delivery Timeframe falls on a public holiday, Bottle Service NZ will organise delivery on the next business (non-holiday) day.
OWNERSHIP AND RISK
Ownership, responsibility and risk in the Products shall pass to you on delivery to the Delivery Point.
To the maximum extent permitted by law, the Website and our Products are provided on an “as is” basis without any warranty of any kind, whether express or implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, accuracy, non-infringement, guarantees or conditions of merchantability and/or fitness for a particular purpose. Bottle Service NZ does not warrant that the Website is error-free, or that any services provided in relation to the Website will be uninterrupted.
You acknowledge that you do not rely on any representation or statement made by or on behalf of any Customer or employee of Bottle Service NZ other than the express provisions of these terms and conditions. You must ensure that Products purchased by you are not used for any purpose other than for what they are reasonably deemed suitable.
You understand and acknowledge that you accept and are responsible for your use of the Website and that you will use all necessary skill and care in handling and using the Products. You expressly acknowledge and agree that Bottle Service NZ does not assume any obligation or liability for any information provided, and that all Products delivered are accepted by you entirely at your risk.
Either party may terminate this agreement immediately on notice to the other if the other:
- Being a company:
- goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or
- has a receiver or statutory manager appointed; or
- goes into voluntary administration; or
- Being a natural person:
- dies; or
- commits any act of bankruptcy; or
- commits any criminal offence punishable by imprisonment; or
- proposes or enters into any scheme of arrangement or composition with its creditors; or
- fails to pay an amount due under this agreement within 7 days of the due date; or
- breaches any other term of this agreement and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.
Except in the case of orders for which you have already paid, you can pause or terminate this agreement at any time temporarily or indefinitely by notifying us via email, at email@example.com. Such termination our pausing must be notified in accordance with the required timeframes of the Registration and Subscription Rules.
Termination of this agreement does not relieve the parties from liability under this agreement up to the time of termination, nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that Bottle Service NZ can continue to market our Products and services to you after termination unless you advise us that you do not wish to receive any further material from us.
If orders are not paid for in full or your bank declines payment and as a result money is owing to Bottle Service NZ then Bottle Service NZ reserves the right to suspend your ability to place further orders on the Website until such time as the outstanding balance has been paid in full.
Bottle Service NZ’s failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.
All right, title and interests in and to all Intellectual Property in all concepts, systems, processes, know-how, written, graphic and other material relating to the Website and the Products is owned by, and shall at all times remain the exclusive property of Bottle Service NZ Limited, its licensors and the providers of any Products and services accessible or provided through the Website, and is protected by New Zealand and international law.
Any comment, feedback, idea, or suggestions (“Comments”) which you provide to Bottle Service NZ through the Website becomes Bottle Service NZ’s Intellectual Property. If in the future Bottle Service NZ uses your Comments in promoting the Website or in any other format, Bottle Service NZ will not be liable to you for any loss, cost or expense which may arise from such use. Furthermore, you agree that Bottle Service NZ is entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you do provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
PRIVACY AND USE OF INFORMATION
Bottle Service NZ will comply with the Privacy Act 1993 in relation to any applicable information you supply via your registration on the Website.
Bottle Service NZ will only use any data you provide and which identifies you for the purpose of which it is supplied to Bottle Service NZ and will not use it for any other purpose or supply it to any third party except as required by law or authorised by you. Authorised disclosure includes but is not limited to:
- The marketing of Bottle Service NZ;
- Financial institutions including credit and debt referral agencies; and
- Business advisors.
Bottle Service NZ will keep any data received safe and secure. Bottle Service NZ may engage third parties to provide you with goods and services on their behalf or carry out administrative or other functions on their behalf. In that circumstance, Bottle Service NZ may disclose your personal information to those third parties.
Bottle Service NZ reserves the right to use aggregate data (in a non-identifiable form) supplied to Bottle Service NZ by you for their own business purposes including the improvement of the Website and their services.
Bottle Service NZ may send you electronic messages which facilitate, complete, or confirm any transaction you enter into with us in relation to the Website. If you consent to receiving other electronic messages from Bottle Service NZ, you consent to receiving commercial electronic marketing messages from Bottle Service NZ relating to Bottle Service NZ’s goods and services and other information of related interest. Bottle Service NZ will stop sending you such messages if Bottle Service NZ receives such a request to stop from you.
CONSUMER GUARANTEES ACT
You acknowledge 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 Bottle Service NZ.
You agree 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.
Bottle Service NZ shall not incur liability in respect of anything which might otherwise constitute a breach of its obligations under these terms and conditions arising by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, 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 Bottle Service NZ). Bottle Service NZ shall be excused from such performance to the extent of such prevention.
Bottle Service NZ reserves its rights to vary these terms and conditions at any time and without notice. Bottle Service NZ will provide notice to you of any amendments via its Website. Your continued use of the Website after such amendments are notified indicates your acceptance of those amendments
If any of these conditions are deemed invalid, void, or for any other reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
All notices relating to your Subscription, this Website, our Products and services must be served via our Website. Bottle Service NZ will provide notices to you via the Website, email, and/or phone.
These terms and conditions will be construed in accordance with the laws of New Zealand. The courts of New Zealand shall have the non-exclusive jurisdiction to hear and determine any disputes arising out of this these terms and conditions.
- “Customer”, “you” and “your” means you and any other person who registers, and/or orders Products, under your Login.
- “Delivery Timeframe” means, subject to these terms and conditions.
- “Delivery Point” means an outside area of the Premises, such as your front door, or any particular outside area specified by you in making an order via the Website. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building.
- “GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
- “Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) copyright in our wine selections.
- “Login” means your personal email address and password used to access the Website under your registration.
- “Premises” means the premises at the address specified by you on your registration application, as amended from time to time.
- “Products” means the relevant wines as selected and provided from time to time which are sold via the Website and relevant to your Subscription.
- “Subscription” means your selected wine package as advertised on the Website.
- “The Website” means this internet site owned by Bottle Service NZ Limited, being the medium by which you subscribe to receive Products.
- “Bottle Service NZ” “we” and “our” means Bottle Service NZ Limited, which is the seller of the Products and the owner of the Intellectual Property and includes its related companies, directors, officers, employees or agents.