Terms

TERMS  


It’s important to us at Cocktail Collective Limited (Cocktail Collective) that we do the right thing, including in relation to the sale and supply of alcohol, the collection of your data and being a responsible corporate citizen.


To remain responsible, our detailed terms (“Terms”) are set out below.  These Terms govern your use of Cocktail Collective’s web properties, including but not limited to all main and subdomains of cocktailcollective.co.nz and cocktailcollective.com (collectively called the “Services”).  

 

AGREEMENT TO TERMS


By using our Services, you agree to be bound by these Terms, which includes our Privacy Policy, incorporated here by reference as if fully set forth herein.  By viewing, engaging or using our Services, you agree to be fully legally bound by these Terms. You further certify that you are over 18 years of age and that you have all the necessary rights, power and authority to engage with our Services. 


Our Services are for lawful purposes and you agree that you will use our Services only for the purpose of purchase and supply as per these Terms and you certify that you will not do anything unlawful in conjunction with our Services. 


If you don’t agree to be bound by these Terms, do not use the Services.


Because our Services are evolving over time we may change or discontinue all or any part of the Services we provide.  This may occur at any time and without notice, at our sole discretion. From time to time, we may also update or make changes to these Terms.  Each time you use our Services you acknowledge your acceptance of our latest Terms.


PURCHASE OF PRODUCTS


Prices: All prices are displayed in New Zealand dollars and are inclusive of Goods and Services Tax (GST) (currently at the rate of 15%).

 

Sale and Supply of Alcohol: Cocktail Collective encourages the legal and responsible consumption of alcohol. Under New Zealand law (the Sale and Supply of Alcohol Act 2012), alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By providing your details to Cocktail Collective and placing orders with us, whether for yourself or purchasing for someone else, you are confirming to us that you are 18 years of age or over.

 

To ensure your age is absolutely clear to us, a confirmation of your age is required before you engage with our Services and again prior to each purchase by ticking your acceptance of our Terms at the checkout process.  If for any reason we believe you may not be 18 years of age or over, we may seek to verify your age by requesting valid identification from you - a copy of your passport, NZ hospitality card or photographic drivers licence.  At our sole discretion we may choose not to accept or complete your order if we believe you to be a minor, procuring our products for a minor or are intoxicated at the time of engaging with our Services or delivery agents. In instances such as these and where your order is not completed, we will issue you with a refund minus transaction or transport costs incurred, within a reasonable period of time. 


Wholesale purchase: Unless otherwise agreed with Cocktail Collective, you may not purchase any products through our Services for the purpose of resale or distribution. Products purchased via Cocktail Collective’s Services are for personal use. If you wish to on-sale our products, please contact us help@cocktailcollective.com about setting up a trade account.


Shipping and Delivery: Products purchased via our Services will be shipped to the address you designate as the shipping address during the check-out process. The applicable shipping rates for the address you designate will be displayed during the checkout process.  Shipping restrictions do apply - for instance we do not ship to PO Boxes. Further shipping and delivery information can be found in the Shipping & Delivery section of Cocktail Collective FAQs.  


Cocktail Collective provides an ‘“Authority to Leave” (ATL) service, which is our standard delivery method via our delivery agent. In purchasing products via our Services, you agree that we have ATL approval on your order at your designated delivery address and in accordance with any delivery instructions you provide. Ownership and responsibility of risk in the products shall pass to you upon delivery to the designated delivery address. 

 

Payments: When you purchase a product via our Services and make a payment (a “Transaction”) you expressly authorise us or our third-party payment processor, to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including credit card details, your email and postal addresses for billing (collectively, Payment Information).  


No contract for the sale of any product will exist until your order is accepted and your payment processed.  All purchases will be processed (and will appear on Credit Card holder statements) in the name of Cocktail Collective Limited.


Payment Information: In providing Payment Information, you acknowledge that you are responsible for ensuring the accuracy of information in your order and your payment and delivery details. You warrant that all details provided in the order for the purpose of purchasing products are correct and that you are legally authorised to use the credit card that is being used. When you initiate a Transaction, you acknowledge that you are providing your Payment Information to third parties so we can complete your Transaction and charge payment for the type of Transaction you have selected.

  

Returns:  You may return products purchased via our Services in accordance with Cocktail Collective’s return policy.  Information about our Returns Policy is available to you via our Services and able to viewed alongside products or by visiting our Returns Policy in FAQs.


INTELLECTUAL PROPERTY


Cocktail Collective is a registered trademark owned by Cocktail Collective Limited.  Use of these trademarks is expressly forbidden and may violate the law. In accessing, viewing and engaging with our Services, you agree and acknowledge that you will be liable for any loss or damages caused by anything you do that results in a claim of infringement of Cocktail Collective’s intellectual property rights.


CONTENT


Content: For clarity, “Content” means information, text, images, graphics, video, works of authorship, designs, icons, illustration and logos of any kind and other materials that are posted, provided, generated or otherwise made available through the Services.  


Content is protected via copyright, trademark and other applicable laws. Under no circumstances will you have any rights of any kind of Content, other than the right to use Content solely in accordance with these Terms.


User Content: ‘User Content” means any Content available through the Services that visitors provide or that our Services may allow for viewing, access and commentary by other users of our Services, for example customer feedback or product reviews.  For the avoidance of doubt, User Content also includes Content that explicitly refers to Cocktail Collective, the products or the Services that you submit, post or make available through third-party websites or platforms. 


Responsibility for User Content: You solely are responsible for all your User Content.  By posting User Content you certify that you have the full legal right to do so and that use of User Content by Cocktail Collective and all other persons and entities will not infringe any intellectual property rights or rights to privacy of any person or entity, nor violate any law, statute, regulation, licence or agreement or constitute disclosure of any confidential information owned by a third party.


Rights to User Content: By making any User Content available through our Services you grant Cocktail Collective a non-exclusive, transferable, perpetual, worldwide, royalty-free licence with the right to sub-licence, use, copy, modify, reproduce or create derivative works based upon, distribute and publicly display your User Content in connection with operating and providing the Services and Content to you and other visitors. For the avoidance of doubt, this extends to User Content you submit, post or make available through third-party websites or platforms, subject to the terms and conditions of the third party website or platform to which the User Content was submitted.


Cocktail Collective shall be under no obligation to maintain any User Content in confidence or to compensate you in any way for your User Content or to respond to any comments or feedback you submit. These Terms shall  not be deemed to restrict any rights that you may have to use or exploit your User Content.


GENERAL RESTRICTIONS ON USE


You agree to use the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations and generally accepted practices or guidelines.


When using our Services you agree not to:


  1. a) Make any comments that are false, fraudulent, misleading, defamatory, offensive or that violate any applicable law or regulation. 

  1. b) Represent Cocktail Collective in a false manner, either with our products or any of our own material, including advertising that we put out.

  1. c) Access or attempt to access any Services by any means other than through the interface provided by Cocktail Collective 

  1. d) Access any Services through the use of any automated means or with any automated features or devices (including the use of scripts, spiders, web crawlers, or data mining tools).

  1. e) Gain or attempt to gain unauthorised access to any Services or place any material on Cocktail Collective’s Services that is intended to cause a cyber-risk, interfere with performance, impair functionality or security of the Services or generally violate any laws and regulations.

  1. f) Access or collect any personally identifiable information for any purpose, including without limitation any commercial purposes.

  1. g) Send any unsolicited advertising or promotional material

Although we are not obligated to monitor access to or use of the Services, Content or User Content or to review or edit any Content or User Content (including without limitation product review) we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. 


We reserve the right to remove or disable access to any Content or User Content at any time and without notice, including but not limited to if we at our sole discretion consider any Content or User Content to be objectionable or in violation of these Terms.


LIMITATION OF OUR LIABILITY

  

Our Services are offered in good faith, and we do not make any representations or offer warranties of any kind, and hereby exclude these to the extent permitted by law. To the fullest extent permissible we disclaim any and all warranties of any kind, whether expressed or implied, in relation to products purchased using our Services.

 

The use of our Services is at the sole discretion of the user and we will use our best endeavours to ensure that the information provided on products is accurate and up to date however we will not be held liable for any errors or omissions or inaccuracies and accept no liability for any damage or loss caused to you, your computer hardware, software or internet connection as a result of access to our Services. 


We reserve the right, from time to time, at our sole discretion and without notice, to change, modify, delete, add or amend prices or Content accessed through our Services.



In no event will Cocktail Collective’s liability arising out of or in connection with these Terms or from use or inability to use the products, Services or Content exceed the price you paid to Cocktail Collective for the products or use of the Services or Content and if any part of this limitation of liability is found to be invalid or unenforceable for any reason then the total liability of Cocktail Collective shall not exceed One Hundred Dollars ($100).


The exclusions and limitations of damages set forth above are fundamental elements of the bargain and interaction between Cocktail Collective and you and if you are dissatisfied with the Services, or Terms, your sole and exclusive remedy is to discontinue using the Services.