1.1. The website. Thank you for visiting www.superliquor.co.nz (Website). which is operated by Super Liquor Holdings (SLH). SLH provides an online platform that allows our customers to purchase goods (Goods) from any of our retail stores nationwide.
1.2. Terms incorporated. These sale terms (Sale Terms) apply to all orders placed on the Website, and are incorporated into every sale between the relevant retail store (the Store) and you (Customer or you).
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. The Store requires all Customers to register with a valid email address in order to purchase the Goods on the Website. By registering you agree that the Store can contact you regarding your order through your email address.
2.2. Terms. When you make an order to purchase the Goods on the Website you understand, acknowledge and warrant that:
2.2.1. 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;
2.2.2. all information supplied by you is true and correct at the time you place an order to purchase Goods on the Website; and
2.2.3. you are an end consumer acquiring the Goods and are not making the purchase of Goods for the purpose of off-premises resale.
2.3. Product restrictions. From time to time there may be quantity limits imposed on the purchase of certain Goods.
2.4. Product availability. All Goods sold are subject to their availability at the Store.
3.1. Price. Unless otherwise stated, all prices include GST. Prices displayed on the Website 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. Price Payable. The price payable by you for a Good is the prevailing price at the Store for that Good at the time of ordering, unless the price is changed in accordance with 3.4.
3.4 Changes in price. The Store cannot vary the price payable by you for a Good after it has been ordered unless there has been a pricing error, in which case you will have the option of cancelling ther order or paying the correct price.
4. PICK UP
4.1. Pick up. You must pick up your order from the Store on the day and time that you have chosen. Pick up orders must be paid for on the Website prior to pick up.
4.2. 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.
5.1. 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.
5.2. 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.
5.3. Delivery store. The Store you choose will fulfill your order for the Goods and it cannot be changed after placing the order.
5.4. 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 the order.
5.5. Time not guaranteed. Dates and times given by the Store are estimates only and are not guaranteed. The Store will not deliver on public holidays where it is illegal to trade
5.6. 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 any such storage and/or delivery costs that are reasonably incurred will be payable by you.
5.7. No liability. The Store will not be liable for any failure to deliver, or delay in the delivery of, the Goods due to any cause beyond our 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. SECURITY INTEREST
6.1. 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
7.1. 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 seven days of delivery.
7.2. Notice. If you allege that the Goods are defective, you must write to the Store within seven days of the date of delivery specifying the nature of the defect, breach or non-conformance.
7.3. Consumer Guarantees Act. Nothing in this section 7 limits any rights or remedies that you may have in respect of defective Goods under the Consumer Guarantees Act 1993.
8. LIMITATION OF LIABILITY
8.1. General limitation. 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.
8.2. Quantitative limitation. 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, our maximum liability 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.
8.3. 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.
9.1. 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.
9.2. 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.
10.1. 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.
10.2. Force majeure. The Store shall not be liable for delay or failure to perform our obligations under the Sale Terms if the cause of delay or failure is beyond the Store’s reasonable control including, for the avoidance of doubt, and without limitation, any delay or failure resulting from the current COVID-19 epidemic or any other future epidemic.
10.3. 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.