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Terms & Conditions of Trade & Website Use
Thank-you for visiting www.jonesroadcider.co.nz (the “Website’), which is owned and operated by Jones Road Limited (“Jones Road”). The following terms and conditions (the “Terms”) apply to your use of the Website. By accessing and using the Website you agree to be bound by all of the following terms and conditions and our Privacy Policy.
1. General
In these Terms we refer to you, the purchaser, as “you” or “your” and to Jones Road Limited as “us”, “we” or “our.”
Goods means all products available for purchase on our website including those which are subject to an order placed by you and which are to be supplied by us under these Terms.
2. Identification 25+ Policy
2.1 Use of our Website is restricted to persons over the age of 18. 2.2 When purchasing Goods on our Website you warrant and acknowledge that:
(a) you are legally entitled to purchase alcohol and you or the receiver of the Goods will produce sufficient evidence of that entitlement on request by us prior to or upon delivery of the Goods verifying your full name, your date of birth, photo identification and your signature or those of the receiver’s; (b) all information supplied by you to us is true and correct at the time when you make any purchase on our website; (c) notwithstanding the above, we may refuse to accept your order at our sole discretion; (d) we may disclose your information to your bank or credit card company for the purposes of any debt recovery proceedings we may issue against you; and (e) we may restrict your ability to purchase Goods by imposing a credit limit on your account.
2.2 All Goods delivered to you by us must be signed for on delivery by someone over the age of 18. We are unable to leave restricted goods such as alcohol unattended at any address. We are entitled to, and will insist on age verification if you or the receiver of the Goods look 25 years or younger.
2.3 If the Goods cannot be delivered for any reason, including failure to produce adequate identification for the purposes of clause 2.2, the Goods will be returned to our store and held for you to collect. You must collect the goods within two weeks of attempted delivery otherwise we shall be entitled to keep the Goods.
3. Delivery Times
3.1 Our delivery days are available between Monday – Saturday. We do not deliver on Sunday or on Public Holidays when it is illegal to trade. All delivery times are subject to availability however we will take all efforts to ensure our delivery estimates are met.
3.2 Goods will be delivered within three working days of the order being received with the exception of deliveries outside of main centers, in which case delivery may take up to four working days.
3.3 Dates and times quoted by us are estimates only and any delay in meeting delivery dates shall not give a right to cancel the order or to claim damages.
3.4 If you elect to collect from our shop this will be by appointment only between 9 am – 6 pm Monday to Friday.
4. Payment
4.1 All prices quoted on our Website are inclusive of GST. You must pay us the full price quoted at the time that you submit your order.
4.2 We reserve the right to vary prices without notice.
4.3 Goods prices are quoted exclusive of delivery and transit costs. Any courier or delivery charges will be notified to you at the time you place your order and will be added to the price.
4.4 In the event that a computer error results in a misstatement of the price of your order we may, between the amount paid by you and the correct amount payable, require you to pay us the difference.
4.5 If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full including for any credit card fees incurred and extra costs incurred by us in this respect.
5. Returns
5.1 After we have accepted your order for the Goods, you may not cancel the order without our consent.
5.2 We will not consent to cancellation if we have processed documentation in fulfillment of your order.
5.3 Returns for credit will be given at our discretion and the cost of return is your responsibility.
6. Use of your Information
6.1 Please see our Privacy Policy for further conditions relating to your personal information.
7. Intellectual Property
7.1 You recognize our ownership of and all our title to all trademarks, service marks, trade names, patents, copyright and other intellectual property rights including all content on our Website such as text, images, articles, photographs, illustrations and video clips. You may not display or distribute the content of any part of the Website or its content in public, including any reproduction in any form on the internet without our express permission.
8. Assignment
8.1 You may not assign your rights under these Terms except with our prior consent.
8.2 We may assign our rights under these Terms without seeking your consent.
9. Jurisdiction
9.1 Our Website is intended for use by New Zealand residents. We make no representations that the Website complies with the laws of any country outside of New Zealand. 9.2 These Terms are governed by New Zealand law and any legal action in relation to them must be taken in a New Zealand Court.
10. General
10.1 These terms and conditions together with the order, constitute the entire agreement between the parties, supersede any previous agreement or understanding and may be varied by us from time to time in accordance with clause 10.2.
10.2 We may change these Terms by posting a change of terms notice on our Website setting out the new terms but shall not be obliged to provide you any further notice.
10.3 All other terms and conditions, express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
10.4 No failure or delay by either party in exercising any of its rights under these Terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms shall be considered as a waiver-of any subsequent breach of the same or any other provision.
10.5 We give no warranties of any kind, whether express, implied, statutory or otherwise including but not limited to delivery or any representations that material on this Website will be complete, accurate, reliable, timely or that our Website will be secure or error-free.
10.6 We reserve the right to restrict or terminate your access to this Website or any feature of it.
10.7 You agree to indemnify us against any claims, actions, costs (including legal costs) or losses incurred by us arising out of or in connection with your breach of these Terms.
10.8 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.