Terms of Use – Cocktail Collective

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Terms of Use

It is important to us at Cocktail Collective Limited (Cocktail Collective) that we do the right thing, particularly in relation to the sale and supply of alcohol.  To remain responsible, our detailed Terms of Use (“terms”) are set out below and cover the use of Cocktail Collective’s website, mobile app, social media accounts and other services (our “services”). 

Cocktail Collective “Terms”

As a condition of using Cocktail Collective’s “services” you agree to comply with and be subject to all of our “terms”. Occasionally we’ll make changes to the “terms” and each use of our “services” will constitute your acceptance of our latest “terms”.

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 authorised to use the credit card that is being used and that there are sufficient funds available to cover the cost of the product.

All orders are subject to our acceptance.

  1. 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 when you first enter our site and then again by ticking the box at the checkout process to confirm that you have read and agreed to our Terms of Use.  If we have any reason to believe you may not be 18 years of age or over, or we change our processes, verification of your age may be sought with a request for valid identification - a copy of your passport, NZ hospitality card or photographic drivers licence. If you are unable to provide us one of these forms of identification, we will not accept or complete your order.
  1. Use of Our Services

    Our “services” are for lawful purposes. You agree not to do anything unlawful in conjunction with our “services”.

    When registering an account with Cocktail Collective, only accounts registered in your own name will be accepted. If at any stage, we have to close your account for not complying with our “terms”, then you agree that you will not register another account or place orders with us. Cocktail Collective reserves the right to cancel a member’s account at our sole discretion.

    Unless otherwise agreed with Cocktail Collective, you may not purchase any products through the website for the purpose of resale or distribution. Products purchased from Cocktail Collective are for personal use. If you want to on-sell our product, please contact us and we’ll see if a trade account is right for both of us.

    You agree that when using our “services” you will not make any comments that are false, defamatory or offensive. You will also not place any material on Cocktail Collective’s “services” that is intended to cause a cyber-risk or generally violate any laws and regulations. You agree not to use our “services” for any unsolicited advertising. You will not represent Cocktail Collective in a false manner, either with our products or any of our own material, including advertising that we put out.

    You agree that you will use our services only for the purposes of purchase and supply of alcohol as per these “terms”.
  1. Credit Card Sales and Security

    All prices quoted in this website are stated in New Zealand dollars and are inclusive of Goods and Services Tax (GST) (currently at the rate of 15%).

    No contract for sale of any product will exist until your order is accepted.

    All purchases will be processed (and will appear on Credit Card holder statements) in the name of Cocktail Collective Limited.

    The security of your credit card details is important to us and to protect that security we have partnered with the online payment provider eWAY. eWAY processes online credit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service. Cocktail Collective will not have access to your full card number with those details being secured by eWAY. All transactions are processed by eWAY securely online in real time and are processed subject to eWAY terms and conditions.

    You are responsible for ensuring the accuracy of the information provided to enable the processing of the transaction and you warrant that all details provided in the order are correct.
  1. Delivery Policy

    Cocktail Collective only sells and delivers within New Zealand. Our delivery agent is New Zealand Post - Courier Post.

Delivery times: Monday to Saturday 7am - 7pm

  • Where delivery falls on a public holiday, Cocktail Collective will organise delivery on the next working (non-holiday) day. 
  • The delivery of alcohol will not occur on or during:
    • Christmas day
    • Easter Sunday
    • Good Friday
    • ANZAC day before 1pm
    • Sundays
    • Any other day between 7pm in the evening and 7am in the morning 

All orders are subject to our acceptance. 

 

You will be notified of acceptance of your order and will receive further notification when the products have been dispatched to you.

 

You are responsible for ensuring the accuracy of the information included in your delivery details.

 

We endeavour to carry stock at all times, however due to unforeseen circumstances some product may be delayed, sold out or discontinued beyond our control. Should this occur we reserve the right to make fair and reasonable substitution and in such circumstances you will be notified before the order is accepted.

 

Typical delivery time-frames are:

North Island, 1-2 days

South Island, 2-3 days

 

Delivery charges are calculated to your order after you enter your delivery location and before you enter your credit card details.

 

Cocktail Collective aims to deliver on time, but may from time to time, due to reasons beyond its control be delayed and shall not be liable for failure to deliver on a timely basis.

 

If a delay is considered by Cocktail Collective to be substantial, Cocktail Collective will contact you to make alternative arrangements.

 

Cocktail Collective provides an ‘Authority to Leave’ (ATL) service, which is our standard delivery method via our delivery agent. Our delivery agent will in all instances attempt to first determine if someone is home at your delivery address before leaving your product. If no one is home at your requested delivery address and we have ATL approval on your order, we will leave your order as per this instruction.

 

If you do not want to provide authority for our delivery agent to leave your order if you are not home, you must note this in the Delivery Instructions box in the shopping cart before proceeding to check out.

 

If you have not provided ATL approval and you are not home at the time of delivery, a delivery card will be left with instructions on how you can collect your order.

Cocktail Collective shall be entitled to assume that the person accepting delivery of your products is either the customer or someone authorised by you to accept delivery on your behalf.

 

Ownership, responsibility and risk in the products shall pass to you on delivery to the specified delivery point. In instances where delivery has not occurred and alternative delivery arrangements or collection is required, Cocktail Collective will not be responsible for product damage to fresh ingredients components that are caused by delays in collection or re-delivery. When you are collecting your delivery, we recommend that you collect it no later than within 24 hours of a delivery card being left.

 

Cocktail Collective and our delivery agent will not deliver alcohol to anyone where there are reasonable grounds to believe that person is under the age of 18 years or intoxicated or that delivery would be likely or may cause harm or damage to any individual or property.

 

Cocktail Collective will not knowingly leave a delivery if there is risk that it will be collected by, or left in the presence of someone who is under the age of eighteen years or intoxicated or that delivery would be likely or may cause harm or damage to any individual or property. If we in our reasonable judgement assess this to be the situation, your order will be returned to Cocktail Collective where an alternative delivery arrangement will need to be made with us.

 

Our delivery agents are required to take reasonable steps to verify any receiver is not under the age of 18, and must acknowledge and record that these steps have been taken for each delivery. As a minimum, reasonable steps that we take to verify age are:

  • Visual confirmation that the receiver is, without doubt, 18 years of age or over.
  • If the named receiver (or someone authorised to sign on their behalf) appears to be under the age of 25 or there is any doubt as to their age, proof of identification will be sighted and checked. Valid identification includes a copy of your passport, NZ hospitality card or photographic drivers licence.

    Delivery of alcohol will not be made to intoxicated persons. It is Cocktail Collective’s policy that if appropriate identification is not supplied when requested, or the recipient is assessed as being intoxicated, then the order will not be delivered. In this situation, our delivery agents have been instructed to return the order to Cocktail Collective.

    Cocktail Collective accepts no liability for any loss whatsoever including consequential loss suffered by you arising from our products or as the result of any issue that may arise in relation to delivery.

    You must ensure that your delivery point is easily accessible by Cocktail Collective’s delivery agent. If, in our agent’s opinion, the delivery point is inaccessible, or for whatever reason, the delivery point is deemed unsafe, delivery will not occur and Cocktail Collective will contact you to make alternative arrangements. Cocktail Collective reserves its rights to charge further delivery fees for such repeated deliveries. Such repeated deliveries include without limitation the requirement to re-deliver products due to your inability to provide evidence of legal age.

    You must notify Cocktail Collective immediately of any change in your delivery point.
      1. Returns Policy

        If you aren't 100% satisfied with your purchase, let us know and we'll make it right. Simply get in touch by contacting us by phone 0800 228 463 within a few days of receiving your order, and we will refund you for the products you purchased and arrange return shipping of your box and unopened ingredients.  No questions asked. 
      1. Privacy Policy

        To offer the products and services that Cocktail Collective provides as an online retailer, we need to collect personal information. We collect and retain information for the following reasons:
      • Legal requirements - under the Sale and Supply of Alcohol Act 2012, Cocktail Collective must establish that the purchaser and/or supplier of alcohol is 18 years of age or older. At check-out, we ask you to re-confirm to us that you are least 18 years of age via a tick box confirming you have read and agreed to the Terms of Use. Information is recorded and retained for each purchase on the site.
      • Notifications - these can include notifications relating to the dispatch and delivery of an order such as advising confirmation of receipt of an order, order in transit or order delivered.
      • Improvements to customer experience – we will from time to time undertake analysis of buyer behaviour in order to improve the customer shopping experience on the site.
      • Relevant offers - Cocktail Collective members and other customers may be presented with offers using information gathered from site activity.
      • So that we may from time to time contact customers directly for feedback on our products and services for quality control purposes and/or to evaluate customer satisfaction.

        Under the Privacy Act 1993 you have the right to access any personal information held in the Cocktail Collective database. Other than what has been set out in these “terms”, your information will not be made available to any other organisation, except in cases of suspected fraud or for law enforcement purposes.
      1. Intellectual Property

        Cocktail Collective is a registered trademark owned by Cocktail Collective Limited. We don’t mind if you download content from our “services” including text, graphics and photos, so long as you do not modify the content, or use it for a purpose prohibited by law or these “terms”.

        You agree and acknowledge that you will be liable for any loss or damages caused by anything that you do that results in a claim for infringement of our intellectual property rights.
      1. Limitation of Our Liability

        At Cocktail Collective we expect to meet the requirements of relevant legislation that affects us, including the Consumer Guarantees Act 1993. 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.

        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.

        We will use our best endeavours to ensure that our “services” are at all times free of errors and omissions, but are unable to accept liability for any damage or loss caused to you or your computer hardware, software or internet connection as a result of access to our “services”.

        Reliance on any information and material contained in our “services” shall be at your own risk and we accept no liability for the content or the consequences of the use or reliance of information contained in our “services” or the product sold.

        We reserve the right to change without notice all prices of any or all products listed on our website and “services”.

        To the fullest extent permissible we disclaim any and all warranties of any kind, whether expressed or implied, in relation to products purchased from our website and “services”.
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