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1. Terms and Conditions of use

1.1 Definitions

1. “Customer” means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing My Beer Case Online Shopping who is not registered to use My Beer Case Online Shopping.

2. “Delivery Point” means an outside area of the Premises, such as the Customer’s front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.

3. “Delivery Fee” means the fee you as the customer must pay to have your order delivered and may also be referred to as “delivery fee”.

4. “GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

5. “Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trade mark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.

6.”Login” means a Customer’s personal email address and password used to access My Beer Case Online Shopping under that Customer’s registration.

7. “Premises” means the premises at the address specified by the Customer on their registration application, as amended from time to time.

8. “Products” means the products for sale in My Beer Case Online Shopping.

9. “Store Policies” means the store policies of My Beer Case Online Shopping, set out in the section of the same name on My Beer Case Online Shopping.

10. “My Beer Case” means MHR Holdings Limited, which is the seller of the Products.

11. “My Beer Case Group” means My Beer Case, its related companies, and directors, officers, employees or agents of My Beer Case or its related companies.

12.”My Beer Case” means this internet site owned by MHR Holdings Limited, being the medium by which Products are offered for sale online by My Beer Case to the Customer.

1.2 Use of My Beer Case Online Shopping subject to Terms and Conditions

Your access to, and use of, My Beer Case Online Shopping is subject to the following terms and conditions. By using My Beer Case Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through My Beer Case Online Shopping constitute legal offers to purchase, and are capable of being accepted by My Beer Case without any further reference to the Customer.

1.3 Terms and Conditions to prevail

These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Store Policies.

1.4 My Beer Case discretion to accept registration

My Beer Case has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.

1.5 My Beer Case discretion to accept orders

My Beer Case has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. My Beer Case may cancel an order for any reason whatsoever. Where an order is cancelled by My Beer Case, My Beer Case will make reasonable efforts to notify the Customer of the cancellation. The Customer will receive a refund of the value of the order.

1.6 Registration and access costs

No costs are payable to register to use My Beer Case Online Shopping, but Customers are responsible for any costs incurred in using My Beer Case Online Shopping, including any charges imposed by their internet service provider.

1.7 Suspension or Termination

My Beer Case may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through My Beer Case Online Shopping for any reason whatsoever.

1.8 Customer liable for every order

Customers are liable for every order made under their Login.

1.9 Trading hours

Trading hours are set from 0900 Hours to 2145 Hours.

Delivery hours are set from 1100 Hours to 2100 Hours.

All orders and payments received within trading hours will be delivered the same day. Orders received after 2100 hours will be delivered the following day.

An order submitted by a Customer at any time on Good Friday, Easter Saturday, Christmas Day or before 1:00 pm on Anzac shall be accepted by My Beer Case at checkout but will not be supplied or delivered by My Beer Case before the day following Good Friday, Easter Saturday, Christmas Day and after 1:00pm on Anzac Day (as the case may be).

1.10 Security of information

My Beer Case shall use its reasonable endeavours to prevent any unauthorised entry into My Beer Case Online Shopping. However, no member of the MHR Holdings will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access into My Beer Case Online Shopping, except where any member of MHR Holdings Limited, or its employees or agents, have acted negligently or fraudulently.

Why is My Beer Case Online Shopping safe?

Safe technology systems – My Beer Case Online Shopping uses an internationally recognised encryption protocol to encrypt all personal data that you type into our site before it travels across the internet. Once we receive your data, it is stored on a secure server behind My Beer Case’s firewalls, so that your personal details are not accessible from the internet by any third party.

Safe payment systems – My Beer Case uses “Payment Express” to securely authorise credit card payments before any charges are made. For further information regarding “Payment Express” and how it encrypts and processes transactions, please visit www.paymentexpress.com.

1.12 Site content

While My Beer Case has endeavoured to ensure that the information provided on My Beer Case Online Shopping is free from error, no member of MHR Holdings Limited warrants its accuracy, adequacy or completeness, and no member of the MHR Holdings Limited shall be responsible or liable for any error in, or omission from, the information provided on My Beer Case Online Shopping.

We reserve the right to make changes to the information provided on My Beer Case Online Shopping at any time and without notice.

1.13 Use of the site

Use of this website is restricted to persons over the age of 18. It is the customer’s responsibility to show current legal identification to the person making the delivery that is the same or equivalent to the identification entered during registration and ordering. Registering is with a valid email address and an identity document as required by The Liquor Licensing Authority in order to purchase. By registering, you agree that My Beer Case can contact you regarding your order through your email address and use your identification document to check its validity against necessary databases.

The Customer agrees not to use My Beer Case Online Shopping for any purpose that is unlawful or prohibited by these terms and conditions. Or for own personal use but otherwise neither My Beer Case Online Shopping, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without My Beer Cases’ prior written consent. The Customer agrees that it will not interfere with any other party’s use and enjoyment of My Beer Case Online Shopping, or damage the operation of My Beer Case Online Shopping, or My Beer Cases’ systems or those of other persons who use My Beer Case Online Shopping, whether by way of a virus, corrupted file, any other software or program, or otherwise.

1.14 Acceptance of Orders

The Customer shall ensure he/she or that a person over the age of 18 years, and, in the case of orders containing alcohol, not under the influence of alcohol, is available to accept delivery of any order containing alcohol. My Beer Case’s couriers may request the person accepting delivery of the Products to produce satisfactory evidence of their age. If such evidence is not produced, the courier may refuse to deliver the alcohol Product ordered. My Beer Case reserves the right to charge Customers an additional Delivery Fee to re-deliver such Products.

If a Customer does not wish for any such Product to be re-delivered:

(a) My Beer Case will refund the value of that Product (as at the date on which the Product was ordered); and

(b) My Beer Case reserves the right to charge the Customer the Delivery Fee and $10 cancellation fee for the cancelled order.

2. Price

2.1 Pricing

The Customer shall pay My Beer Case for the Products ordered at the price displayed at the time the order is submitted, unless My Beer Case notifies the Customer, at any time that an error has been made in the price displayed. Subject to any error made in the display of prices, no adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.

2.2 Currency

The prices of Products are displayed in New Zealand dollars.

2.3 Prices inclusive of GST

The prices of the Products are inclusive of GST.

2.4 Delivery fee

In addition to the price of Products ordered, the Customer shall pay My Beer Case a Delivery Fee of $6.99 per order. This Fee covers the costs associated with the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. My Beer Case may change this fee at any time.

For orders in excess of reasonable quantities (whether in respect of any one Product or the total size of the order), My Beer Case reserves the right to adjust the Delivery Fee to reflect the actual cost of delivery. Whether any order exceeds a reasonable quantity or not will be determined by My Beer Case in its absolute discretion. If My Beer Case chooses to adjust the Delivery Fee, the Customer will be contacted prior to the order being delivered to confirm acceptance of the revised fee. Deliveries of such orders will not be made unless and until this confirmation is obtained. No member of the My Beer Case Group shall be liable to the Customer for any delivery delays resulting from the need to obtain approval of the revised fee prior to delivery.

2.5 Variation of order and price

If the Customer requests a variation to the order under clause 6.1 which My Beer Case accepts, then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.

2.6 Refunds

Any Refunds will be deposited into a nominated bank account within 5 working days. Refunds will not be provided where a customer has changed their mind. Orders may be cancelled anytime subject to the driver not having been dispatched to the delivery address.

3. Product Availability, Range and Deals

3.1 Product availability

Every effort will be made to fulfil orders placed with My Beer Case Online Shopping, but no member of MHR Holdings Limited shall be liable to any person if My Beer Case is unable to or declines to supply a Product for any reason whatsoever.

My Beer Case reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer’s order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.

3.2 Product range

My Beer Case reserves the right to limit the range of products available.

3.3 Deals

Deals are subject to availability while stocks last.

4. Payment

4.1 Method of payment

Customers must pay My Beer Case for the Products purchased by credit card. My Beer Case Online Shopping does not accept EFTPOS, cash, cheque, voucher or any other form of payment.

4.2 Payment by credit card

If a Customer’s credit card is declined by its financial institution, delivery of the relevant order will not be made, and My Beer Case will contact the Customer to make alternative payment arrangements.

My Beer Case reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

4.3 Adjustments

If a Customer is invoiced an incorrect amount for any Product ordered, My Beer Case shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.

4.4 Debt collection

The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.

4.5 Change to payment policy

My Beer Case may change at any time the way in which a Customer pays for Products.

5. Delivery

5.1 Delivery areas

If a delivery suburb is listed in the search area, this does not imply that My Beer Case Online Shopping will deliver to all addresses within that suburb.

 5.2 Right to withhold delivery

My Beer Case reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. This reservation includes, but is not limited to, refusing service to individuals who are under the age of 18, are visibly intoxicated or to specific locations for safety reasons. Products cannot and will not be left unattended for any reason. Customers will not be charged for Products that have been withheld.

5.3 Delivery and liability

Deliveries will be made to the Delivery Point. If the delivery driver brings the products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of the My Beer Case Group shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of the My Beer Case Group for any direct or indirect damage or loss (including in negligence) that that member incurs, as a result of the Customer’s, or other person accepting delivery of the Products on behalf of the Customer’s, actions or inaction, which results in any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.

5.4 Accessibility and safety

Customers shall ensure that their Delivery Point is easily accessible to My Beer Case’s couriers, and that it is safe for those couriers to enter the Customer’s premises in order to complete the delivery. If, in the courier’s reasonable opinion, the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. My Beer Case reserves the right to charge Customers an additional Delivery Fee in respect of any deliveries repeated in accordance with this clause.

5.5 Delays to delivery

Notwithstanding any other term, no member of the My Beer Case shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of My Beer Case or otherwise. If My Beer Case considers that the delivery of a Customer’s order is likely to be substantially delayed, My Beer Case may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.

5.6 Incorrectly or undelivered products

If any Product delivered does not correspond with a Product ordered, the Customer may:

(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or

(b) reject the incorrectly-delivered Product, in which case My Beer Case will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).

If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), My Beer Case reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, My Beer Case reserves the right to charge the Customer for that Product.

If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, My Beer Case will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock My Beer Case may cancel the order for that Product) (in each case without incurring any cancellation fee), and My Beer Case will refund the value of the relevant Product (as at the date on which the Product was ordered).

6. Variation/Cancellation of order

(a)The Customer may vary or cancel the order up to the point in time that My Beer Case courier has not left for their delivery address with the order by contacting the 0800 Number.

(b) If the Customer wishes to cancel an order after the order has been despatched, the Customer will incur the Delivery Fee and a $10 cancellation fee will be applicable.

(c) My Beer Case may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

  • the Products in that order are not available; or
  • there is an error in the price or the Product description posted on the Site for the Product in that order; or
  • we reasonably believe your order has been placed in breach of these terms and conditions.

(f) In the event of a cancellation by My Beer Case, My Beer Case will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order

7. Warranties

Subject to any provisions in the Consumer Guarantees Act 1993 and Fair Trading Act 1986, all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of the My Beer Case other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of My Beer Case assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer’s risk.

8. Liability and Indemnity

The provisions contained in this clause 8 are subject to The Consumer Guarantees Act to the extent applicable.

8.1 Product liability

Subject to any statutory rights available under law, including under the Consumer Guarantees Act 1993, the My Beer Case Group shall not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of My Beer Case’s obligations hereunder.

 8.2 No liability for indirect loss

No member of the My Beer Case Group shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer’s use of, or inability to use, My Beer Case Online Shopping, or the delivery or failure to deliver any Products.

8.3 Indemnity

Notwithstanding any other term, the Customer agrees to indemnify each member of MHR Holdings Limited against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of MHR Holdings Limited, as a result of any breach by the Customer of these terms and conditions, or caused by the Customer.

9. Intellectual Property

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to My Beer Case Online Shopping and its contents is owned by, and shall at all times remain the exclusive property of, MHR Holdings Limited, its licensors and the providers of any other products and services accessible through My Beer Case Online Shopping, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.

10. Force Majeure

If the performance by My Beer Case of its obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of My Beer Case) My Beer Case shall be excused from such performance to the extent of such prevention.

11. Consumer Guarantees Act

The Customer acknowledges that where the Products are ordered for business purposes (as the term “business” is defined in the Consumer Guarantees Act 1993 (“CGA”)), the provisions of the CGA shall not apply to the sale of the Products by My Beer Sales.

The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.

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