These terms and conditions (Terms) apply to the use of this website www.cheersclub.co.nz (Website) and to the purchase and supply of all goods and services between you and Affluence Plus Limited Trading as Cheers Club via the Website. By using the Website you agree to be bound by and to comply with these Terms. If you do not accept these Terms, you must refrain from using the Website.
In these Terms the following words have the following meanings:
Products means alcoholic beverages.
Services means the services provided by Affluence Plus Limited Trading as Cheers Club, including the delivery of Products ordered through the Website.
You and your, are references to you as the user of the Website.
We, us and our, are references to Affluence Plus Limited Trading as Cheers Club.
AMENDMENTS TO TERMS
We reserve the right to amend these Terms from time to time. Any amendments will be effective immediately when available on the Website. Your continued use of the Website will represent an agreement by You to be bound by the amended Terms.
WARRANTY OF AGE
You must not access, browse or use the Website unless You are 18 years of age or over. You agree to comply with all applicable laws when using the Website and dealing with us.
We will not sell or supply Products to individuals under 18 years of age. By submitting an order for Products on our Website and agreeing to these Terms, You warrant that You and the person You are acting on behalf of (if You are not the purchaser) are 18 years of age or over.
REGISTRATION AND ORDERING
Products advertised on the Website are subject to availability. To order Products through the Website, You will need to register your details with us here http://cheersclub.co.nz You agree and acknowledge:
- That any registration details You provide to us are true, accurate, up-to-date, complete, and not false, misleading or deceptive;
- You will notify us via the Website of any changes to your registration details;
- Not to disclose your username and password to third parties or either directly or indirectly, allow third parties to access, gain access to, or otherwise use the Website via your registered account; and
- That We rely on the information that You provide for payment and delivery.
In the event that You want to cancel an order You may call us at the telephone number provided on our Website, and request the cancellation within 10 minutes of completing the order. An order is ‘complete’ when You have received confirmation of payment. We will provide a refund of the price of the Products ordered, with no cancellation fee charged. If You do not call within 10 minutes but You still wish to cancel the order, We will provide a refund of the price of the Products ordered minus a $10 restocking fee (in our sole discretion).
CHANGING AN ORDER
In the event that You wish to change an order You may call us at the telephone number provided on our Website, and request the change as soon as reasonably possible after completing the order.
PRICE AND PAYMENT
You agree to pay the price of the Products and Services, along with any applicable taxes, delivery fees and other fees as specified by us, by electronic banking or credit card at the time of purchase via the Website. Products and Services will be charged at prices current as at the date of order, in New Zealand dollars and plus GST.
ACCEPTANCE AND DELIVERY
We may charge a delivery fee per order. You agree that opening hours may vary between different locations, and that orders can only be delivered within the opening hours authorised under the relevant liquor licence.
We will use reasonable endeavors to deliver your order within an hour of the completion of the order. You agree and acknowledge however that We provide no guarantee that delivery will occur within such time frame. In the event delivery will be outside of an hour We will endeavor to deliver your order as soon as reasonably possible.
You may inspect the Products on our arrival to the nominated address. If upon inspection the order is incorrect We will correct the order and re-deliver at our cost. If you accept the order after inspection, you are deemed to have been satisfied with the order.
Products will be deemed to have been delivered when they are delivered to the address nominated by You at the time of purchase. You agree to ensure safe and practical access onto the premises of the nominated address for delivery. On delivery, We reserve the right to request proof of age from You and/or the recipient of the Products (if not You).In the event:
- Proof of age is not provided on request;
- The recipient of the Products is under 18 years of age;
- The recipient of the Products appears (in our sole and reasonable discretion) to be intoxicated;
- We cannot access, or safely access the nominated address; and/or
- The nominated address is unoccupied at the time of delivery,
You agree and acknowledge that We may refuse to deliver the Products. In such cases, We will refund the purchase price of the Products ordered by You, minus a $10 restocking fee. We will not be held liable for any loss or damage suffered by You or any third party as a result of refusing delivery.
On delivery of the Products You will take responsibility for them and will carry the full risk of liability with no recourse to us.
EXCLUSION OF LEGISLATION
If You purchase the Products and Services for a business purpose You agree that to the extent permitted by law the provisions of the Consumer Guarantees Act 1993 do not apply. You indemnify us from any liability arising from You on-selling the Products in trade and failing to exclude as applicable, such legislation. If the provisions of the Consumer Guarantees Act apply to your purchase of the Products and Services, the clause limiting our liability under these Terms will not apply. To the extent permitted by law, You also agree that the provisions of the Sale of Goods Act 1908 do not apply.
LIMITATION OF LIABILITY
We will not be liable to You for any loss of profit, loss of bargain, loss of business opportunity or exemplary damages or losses suffered by You or any third party arising out of or flowing from your use of the Website, any breach of contract, any pre-contractual misrepresentation, or other dispute arising out of these Terms and whether actionable in contract, tort (including negligence), equity or otherwise. If We are found liable for any loss or damage (including that set out above), our liability shall not exceed the price of the Products and Services to which the liability relates.
You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the Website, including but not limited to any breach by You of warranties as to age under these Terms, and from any third party claims arising out of or incidental to the supply of and/or use of the Products and Services.
Subject to any specific warranties provided by us in respect of Products or Services from time to time, to the extent permitted by law, no other warranties either express or implied by law are made by us with respect to the Products or Services.
Intellectual Property rights in the Website (including but not limited to text, graphics, photos, logos, trade marks, icons, sound recordings or video recordings) and all other intellectual property rights in respect of the Products and Services are owned or licensed by us. You do not have any right, title, or interest in such intellectual property by virtue of your purchase of the Products and Services, or your access to, or use of, the Website. You may not in any form or by any means:
- copy or translate any of the Website content, except to the extent required for the sole purpose of viewing the Website;
- adapt, vary, decompile, reproduce, store, distribute, disseminate, print, modify, display, perform, publish, reverse engineer, segment or create derivative works for, any part of this Website;
- use any information obtained from any part of the Website for a commercial purpose; or
- disrupt, or otherwise interfere with the Website,
without our prior written permission.
All intellectual property and other information which by its nature is intended to be treated as confidential will be confidential information for the purposes of these Terms and no party will disclose any confidential information to any third party without obtaining prior consent.
SECURITY OF INFORMATION AND PRECAUTIONS
You must take your own precautions to ensure that the process which You employ for accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We will use reasonable endeavours to preserve the security of information You transmit to us through the Website. However, We do not warrant:
- the absolute security of such information. Any information that is transmitted to us is transmitted at your own risk.
- that the Website, or any linked site, is free of viruses, malicious computer code or other interference.
- that the Website will always be available, free from errors, malfunctions, or other failures.
We do not accept responsibility for interference or damage to your computer system which arises in connection with your use of the Website or any linked site. Any linked websites to our Website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any materials, products or services referred to or contained on those linked websites and we will not be liable in respect of any content of those linked websites.
Cookies may be used to help us provide You with a better service. A cookie is a small text file sent by a website to your browser, which may then be stored on your computer’s hard drive so We can recognise You when You return. You may set your browser to notify You when you receive a cookie and, if You wish, to reject it, or clear cookies by using your browsers options.
The parties shall endeavour to resolve any disputes in relation to these Term and the supply of Products and Service between them cooperatively in the first instance, prior to seeking resolution through the Courts.
You agree and acknowledge that:
- A party will not have waived or be deemed to have waived any provision of these Terms unless such waiver is in writing and executed by that party.
- Termination of these Terms for any reason will not affect such rights and obligations of the parties as are intended to survive termination.
- These Terms do not create any relationship of partnership, agency, employment or joint venture between You and us.
- We may subcontract any of our obligations under these Terms to a third party.
- If any provision of these Terms is found to be illegal, invalid or unenforceable, that provision shall be read down to the extent necessary and reasonable in all circumstances to give it a valid operation. If it cannot be so read down, that provision will be void and severable and the remaining provisions will not in any way be affected or impaired.
- These Terms are governed by New Zealand law and are deemed to have been made in New Zealand and is subject to the non-exclusive jurisdiction of the New Zealand Courts.
- A party will not be liable for any delay or failure in the performance of any of the obligations imposed by these Terms, provided that such failure is beyond the reasonable control of that party.