1.1. The website. Thank you for visiting www.superliquor.co.nz (Website). These sale terms (Sale Terms) apply to any purchases of alcohol or other products (Goods) you make from separate Super Liquor retail franchisee stores using this Website. Super Liquor Holdings Limited (SLH) operates this Website to enable you to purchase Goods from those retailers nationwide (Stores) but is not responsible or liable in any way for the Goods you may purchase from a Store or their supply. That contract is between you and the Store in question.
1.2. Terms incorporated. These sale terms (Sale Terms) apply to all orders placed on the Website for delivery within New Zealand, and are incorporated into every sale between you (Customer or you) and the operator of the retail store selected by you when making an order (the Store).
1.4. Offer and acceptance. When you submit an order for the Goods, you are offering to purchase the Goods from the Store selected by you. The Store may accept or reject that offer in its sole discretion.
2.1. Register. If you purchase Goods on the Website you must register with a valid email address and you must provide contact information (like name, phone number and delivery address) and financial information (billing phone number and billing address). By registering you agree that SLH can collect this information about you, share it with the Store and the Store can contact you regarding your order through your email address and phone number.
2.2. Sensitive information. When you process payment for Goods on the Website you must provide financial information (including credit or debit card number and expiration date). That information is encrypted and is protected with Payment Express, security software provided by Windcave.
2.3. Terms. When you make an order to purchase the Goods on the Website you understand, acknowledge and warrant that:
2.3.1. you and any person receiving the Goods (Recipient) are legally entitled to purchase alcohol in New Zealand (if the Goods you purchase are alcohol) and can provide sufficient evidence of that to the Store’s reasonable satisfaction;
2.3.2. all information supplied by you is true and correct at the time you place an order to purchase Goods on the Website; and
2.3.3. you are an end consumer acquiring the Goods and are not making the purchase of Goods for the purpose of off-premises resale.
2.4. Product restrictions. From time to time there may be quantity limits imposed on the purchase of certain Goods.
2.5. Product availability. All Goods sold are subject to their availability at the Store.
3.1. Price. Unless otherwise stated, all prices include GST. Once you have selected the Store from which you wish to purchase Goods, you will be able to access details of the Goods available and their prices specific to that Store. Prices displayed may vary depending on what Store you select and may vary to those in retail stores and between Stores.
3.2. Dollars. Unless stated otherwise, all prices or other amounts are in New Zealand Dollars.
3.3. Changes in price. The Store reserves the right to make any changes to the price at any time, which may update real time prices at checkout.
4. PICK UP
4.1. Pick up. If you have selected the pick-up option when placing an order on the Website, this clause 4 will apply to that order.
4.2. Pick up charges. Pick up charges may apply to your order for Goods from the Store. The pick up charges will be identified during the checkout process on the Website. The Store is entitled to change the pick up charges at any time.
4.3. Customer’s obligations. Pick up orders must be paid for on the Website prior to pick up
4.4. Pick up completion. You and any person picking up the order must be 18 years of age or over and may be requested to present sufficient evidence that you are legally entitled to purchase alcohol in New Zealand.
4.5. Pick up failure. If you or the person picking up the order are unable to present sufficient evidence referred to in clause 4.4, the Store will refuse the pick up of the Goods. If Goods are unable to be picked up you may incur additional charges which will be determined by the Store in their sole discretion which will be payable by you.
4.6. Health and Safety. You and any person picking up the order must comply with the Store’s pick up systems and processes including any health and safety requirements.
5.1. Delivery. If you have selected the delivery option when placing an order on the Website, this clause 5 will apply to that order.
5.2. Delivery charges. Delivery charges may apply to your order for Goods from the Store. The delivery charges will be identified during the checkout process on the Website. The Store is entitled to change the delivery charges at any time.
5.3. Customer’s obligations. At the time of delivery you must provide, at your sole cost, safe and unobstructed access to the stated point of delivery.
5.4. Delivery completion. Alcohol purchases must be signed for by a person who is 18 years of age or over on delivery. You and any Recipient may be required to present sufficient evidence that they are legally entitled to purchase alcohol in New Zealand to the person or persons delivering the Goods.
5.5. Delivery failure. If you or the Recipient are unable to present sufficient evidence referred to in clause5.4, the Store will refuse to deliver the Goods. If the Goods are unable to be delivered you may incur additional charges which will be determined by the Store in their sole discretion which will be payable by you.
5.6. Delivery store. The Store you select will fulfill your order for the Goods.
5.7. Delivery and risk. Delivery and risk of the Goods pass to you when the Goods are delivered to you or the Recipient at the location specified in your order.
5.8. Time not guaranteed. Other than as required by New Zealand consumer laws, dates and times for delivery given by the Store are estimates only and are not guaranteed.
5.9. Additional charges. Any changes to the delivery date as a result of any act or omission by you may incur additional storage and delivery costs which will be determined by the Store in their sole discretion which will be payable by you.
5.10. No liability. Other than as required by New Zealand consumer laws, the Store will not be liable for any failure to deliver, or delay in the delivery of, the Goods due to any cause beyond its reasonable control including, without limitation, you or the Recipient failing or refusing to accept the Goods, or you or the Recipient failing to produce evidence that you are legally entitled to purchase alcohol.
6.1. Returns policy. Defective Goods may be returned to the Store in accordance with clause 8.1.
6.2. Event returns policy. A Store may offer a % sale or return policy on Goods purchased for an event and pre-organised with the Store. Any such offer will be evident during the ordering process on the Website In order to be eligible for a return under any such policy, Goods must be in a re-saleable condition, which will be determined by the Store in their sole discretion. The Store will arrange for either a replacement or a refund of the purchase price, in whole or in part, and you acknowledge and agree that claims under such a policy must be made to the Store within two days of your receipt of the Goods.
7. SECURITY INTEREST
7.1. PPSA. You agree that any purchase of Goods on the Website does not constitute a security interest under s.17 of the Personal Property Securities Act 1999 and you must not register a financing statement against the Store on the Personal Properties Securities Register.
8.1. Defective/Incorrect orders. If the Store has provided defective Goods or the Goods do not reflect your order, you must let the Store that you chose for delivery know within two days of delivery.
8.2. Notice. If you allege that the Goods are defective, you must write to the Store within two days of the date of delivery specifying the nature of the defect, breach or non-conformance.
8.3. Consumer law. Nothing in clause 7.1 and clause 7.2 limits your rights under New Zealand consumer laws.
9. LIMITATION OF LIABILITY
9.1. General limitation of the Store. Other than as required by New Zealand consumer laws, the Store will not be liable for any contingent, indirect, consequential or special losses, damages or injuries arising directly or indirectly from the Sale Terms or any performance or failure to perform the Sale Terms, whether in contract, tort, negligence or otherwise, including (but not limited to) the negligence, default or misconduct of the Store even if informed of the possibility of such damages.
9.2. Quantitative limitation of the Store. Unless otherwise required by New Zealand consumer laws, you agree that for any other obligation, breach, or liability (including the Store’s employees, agents, suppliers or subcontractors) under or in connection with a supply of Goods by the Store, the maximum liability of the Store which may arise under any principle of law (including but not limited to breach of contract, tort, negligence, or under an indemnity) shall be limited to the purchase price of the Goods to which the liability attaches.
9.3. Indemnity. You agree to indemnify the Store (including the Store’s employees, agents, suppliers or subcontractors) against all losses and expenses that the Store may suffer or incur due to your failure to observe your obligations under the Sale Terms and any claims made against the Store by any third party in respect of any loss, damage, death or injury arising from the subject matter of the Sale Terms.
9.4. SLH exclusion of liability. Other than as required by New Zealand consumer laws, SLH shall not be liable for any losses, damages or injuries arising directly or indirectly from the Sale Terms or any performance or failure by a Store to perform the Sale Terms, whether in contract, tort, negligence or otherwise.
10.1. Payment. You must pay the Store in full and by debit or credit card (as applicable) at the time you submit your order to purchase Goods.
10.2. Cancellation. You may not cancel your order for Goods without the Store’s consent and the Store may charge a fee in respect of reasonable costs incurred by the Store concerning that order and the subsequent cancellation.
11.1. Jurisdiction. The Terms are governed by the laws of New Zealand and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand.
11.2. Force majeure. The Store shall not be liable for delay or failure to perform their obligations under the Sale Terms if the cause of delay or failure is beyond the Store’s reasonable control.
11.3. Assignment. You shall not assign, transfer or otherwise dispose of any rights or sub-contract any obligations under the Terms without the Store’s prior written consent.