Terms of service

1) GENERAL
1.1) Please read this Agreement and the Privacy Policy carefully before using the website. By using the The Liquor Cellar website (theliquorcellar.nz/ginclub.nz/whiskybox.nz) you signify your agreement to be bound by these terms and conditions ("Agreement"). If you do not agree to any terms and conditions of this Agreement, you must not use the website.

1.2) This Agreement is formed between you and Gin Club NZ Limited (referred to in this Agreement as "We", "Us" and "Our"). Anyone who uses the website is referred to in this Agreement as "you" and "your".

1.3) This agreement applies to all purchases by you from our website (theliquorcellar.nz/ginclub.nz/whiskybox.nz) and replaces all previous agreements between you and us.

1.4) We may change the terms of this agreement at any time as set out in clause 10.7.

2) PURCHASE TERMS
2.1) You must be 18+ and legally entitled to purchase alcohol to browse and purchase from us (theliquorcellar.nz/ginclub.nz/whiskybox.nz). By using this website or purchasing a product on the website you confirm that you are and can provide evidence to prove this (e.g. NZ Driver's Licence, Passport, or Approved 18+ card).

2.2) All payments must be received in full prior to the product being dispatched. If your payment is not received or is declined by your bank or credit card issuer, your order will not be held. In such instances we do not guarantee that the product will be available should you try to order it again.

2.3) We reserve the right to refuse any order at our sole discretion.

2.4) Once an order has been accepted, you may not cancel the order without our consent.

2.5) Product returns and refunds are governed by our Return and Refund Policy.

3) PRICES
3.1) The prices of products shown are in New Zealand dollars and include GST where applicable.

3.2) Prices are current at the time of display but are subject to change at our sole discretion.

3.3) Product prices are exclusive of shipping cost. Any shipping cost is calculated and added to the total price of your order during the checkout process.

4) OFFERS
4.1) For the purposes of this agreement, offers includes, but is not limited to, any special, promotion, bonus, gift, or similar offer that is listed on the website.

4.2) All offers are current at the time of display but are subject to change at our sole discretion.

4.3) Offers may be limited in availability and/or quantity. We are not responsible for our inability to supply an offer to you when a product is not marked as available or the stock has been exhausted, including when this has not yet been updated on the website.

4.4) An offer may have exclusions in its combination with any other offer. This is at our sole discretion.

5) PRODUCT AVAILABILITY
5.1) All products made available are subject to stock availability and may be limited in quantity. We are not responsible for our inability to supply products to you when they are not marked as available or the stock has been exhausted, including when this has not yet been updated on the website.

5.2) In the event that we are unable to supply a product in your order at the specified quantity, a refund for the cost of the item/s will be provided. This may take several business days to complete processing and show up in the account used for payment of your order.

6) COMMUNICATIONS
6.1) Where you have confirmed you are happy to receive newsletter emails you may receive regular and promotional emails from us.

6.2) If at any time you no longer wish to receive emails from us, there is an unsubscribe function at the bottom of all of our emails. You can also call on 022 327 3230 or email us via the website contact page to be taken off our mailing list.

6.3) Where you have created an account, you may from time to time receive emails from us regarding important announcements regarding our services and your account.

6.4) Where you have made a purchase from us, expect to receive emails relevant to the fulfillment of the order, including but not limited to order confirmation and shipment tracking, at the address nominated by you during the checkout process.

7) SITE CONTENT/AVAILABILITY
7.1) We do not warrant that the website will be available at all times or that it will be provided without fault or disruption.

7.2) Although the information provided in this site is presented in good faith and believed to be correct as at the date it was submitted, we make no warranties or representations about the accuracy or completeness of this site.

7.3) We reserve the right to change the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change. Information on this website, including about gin, spirits, and other products on the website is based on material provided by our suppliers.

7.4) You understand and agree that except as required by law (including the New Zealand Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by suppliers.

7.5) You agree to make your own inquiries to verify information provided and to assess the suitability of products before you purchase any offer.

7.6) Where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the product received.

7.7) If you notice an error please let us know and we will correct it but we are not liable for any mistakes or out-of-date information.

7.8) All links and references to other websites, organisations or people are provided for convenience only, and should not be taken as an endorsement by us.

7.9) We may stop (temporarily or permanently) providing access to the website to you at our discretion and without prior notice. We may terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party in the event of us taking actions under clause 8.1.

8) EXCLUSION/LIMITATION OF LIABILITY
8.1) Unless we are not permitted to do so by law (including under the New Zealand Consumer Law), we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the website.

8.2) You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

8.3) You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

9) INTELLECTUAL PROPERTY RIGHTS
9.1) We reserve all intellectual property rights to the website and its content, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

9.2) Other trademarks used on the website that belong to third parties are used with permission or in fair use and remain the intellectual property of the third party.

9.3) If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the website and developing your ideas and suggestions for improved services we provide.

10) JURISDICTION
10.1) This site is operated from New Zealand and covered by New Zealand law.

10.2) We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control. This Agreement will be governed by and interpreted in accordance with the laws of New Zealand. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

11) MISCELLANEOUS
11.1) The only authorised access point to the website is via ginclub.co.nz. We will not be responsible in any way for access outside this access points. You agree to use the website only for purposes that are permitted by: (a) this Agreement; (b) any applicable law or regulation; and/or (c) generally accepted practice or guidelines.

11.2) You must not (or attempt to): (a) access any part of the website by any means other than through the interface provided by us; (b) engage in any activity that interferes with or disrupts the website or the servers and networks that host the website; (c) use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with our prior written consent. (d) interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content on the website; or (e) use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent.

11.3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure.

11.4) We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

11.5) If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information.

11.6) You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the website to a third-party: (a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and (b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.

11.7) We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We will endeavour to alert you to any significant changes to this Agreement, but we are under no obligation to do so. You should regularly check this Agreement to make sure you are familiar with the most current version.

12) SUBSCRIPTION BOX
12.1) When a customer signs up to a subscription box they agree to be charged on an ongoing basis, at the interval they chose (i.e. every month, every two months, or every three months), until they pause or cancel the subscription.

12.2) When a customer signs up to a subscription box they agree to pay an immediate charge for the first box. A customer's first box will be for the month immediately following the month in which they signed up, i.e. a customer that signs up in June will receive their first box in July.

12.3) Recurring charges occur on the first of any month in which the customer is scheduled to receive their subscription.

12.4) There is no minimum number of boxes that you must receive beyond the initial box.

12.5) Customers can pause or cancel a subscription at any time. There is no fee for pausing or cancelling. There is no limit to how many times a customer can pause and unpause or how long they can pause for.

12.6) Subscription boxes are subject to our refund and return policy. Change of mind refunds are not accepted.

12.7) The bonus gift is only available to customers when they first sign up for a subscription. Customers that unpause, sign up again after previously cancelling, or have previously had a prepaid subscription are not eligible to receive another bonus gift.

13) PREPAID SUBSCRIPTION BOX
13.1) All prepaid subscriptions are for a 12 month period. The number of boxes the customer will receive within that period is determined by the frequency chosen by the customer when signing up, i.e. every month = 12 boxes, every two months = 6 boxes, and every three months = 4 boxes.

13.2) When a customer signs up to a prepaid subscription box they agree to pay an immediate charge for a number of boxes determined interval they chose (i.e. every month, every two months, or every three months).

13.3) A customer's first box will be for the month immediately following the month in which they signed up, i.e. a customer that signs up in June will receive their first box in July.

13.4) Prepaid subscription boxes are subject to our refund and return policy. Prepaid subscriptions cannot be cancelled and change of mind refunds are not accepted.

13.5) There are no recurring charges for a prepaid subscription.

13.6) Customers can pause or cancel a subscription at any time. There is no fee for pausing or cancelling. There is no limit to how many times a customer can pause and unpause or how long they can pause for.

13.7) Subscription boxes are subject to the same refund and return policy as other products on the website.

13.8) The bonus gift is only available to customers when they first sign up for a subscription. Customers that unpause, sign up again after previously cancelling, or have previously had a prepaid subscription are not eligible to receive another bonus gift.