In the event that we become aware of any misstatement prior to delivery, we will make reasonable endeavors to contact you and advise you accordingly. You may elect to cancel your order to the extent of the misstatement.
5. PRODUCT AVAILABILITY
5.1 All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply products to you where they are not presently available or where our stock of the relevant product(s) has been exhausted.
5.2 In the event that we are unable to supply products in the quantities specified in your purchase order you may elect to cancel or vary your order by agreement with us.
6. DELIVERY & TRANSIT
6.1 We will use our best endeavors to dispatch orders no later than two business days after the day your order is received by us and you have received confirmation of your order from us via email or equivalent. We are not responsible for any failure to deliver or delay in delivery caused by any event outside of our reasonable control.
6.2 In the event that we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered unless we have contacted you and you have agreed to delivery at a later date.
6.3 Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).
6.4 Advice regarding order shortages or damage in transit must be given to our customer service team no later than three days after receipt of products.
6.5 Delivery is complete when the products reach the address you have specified for delivery. We will be responsible for arranging the delivery of products unless you arrange otherwise with us.
6.6 Nothing in these terms entitles you to return the products as being surplus to your needs, or for any other reason other than set out herein.
6.7 You must be over the age of 18 and you must be present to sign for the order. Unfortunately transport carriers and couriers cannot leave the order unattended if there is no one home to sign for it.
7. PAYMENT TERMS
CHARGES & INVOICING
7.1 You must pay us in full and in cash or by credit card (as applicable) at the time that you submit your order unless we have agreed to give you credit.
7.2 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.
7.3 If we agree to give you credit, you are required to pay us in full no later than the 21 days following the date of your order ("due date"), provided that if in our sole opinion an unsatisfactory feature develops in our trading relationship with you, we reserve the right to cancel the credit period and require that you pay us immediately.
7.4 On confirmation of payment, You accept all Delivery & Transit terms.
REMEDIES FOR NON-PAYMENT
7.4 We reserve the right to recover any products for which you have not paid by the due date. You agree that we shall not be responsible for any loss or damage arising as a result of recovery and resale of the products save where such loss or damage arises from our negligence including that of our employees and contractors.
7.5 All costs associated with collection of any unpaid amounts will be charged to you in the event that your account remains unpaid.
8.1 We represent and warrant to you that:
(a) We have the right to sell the products to you;
(b) The products are not to be subject to any undisclosed security or charge;
(c) You have the right to undisturbed possession of the products.
8.2 We represent and warrant to you that the products:
(a) Are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels;
(b) Are reasonably fit for the purpose that we represent;
(c) Supplied by description correspond with their description.
9. CANCELLATION, RETURN AND REPLACEMENT
9.1 Subject to clause 8 of this agreement:
(a) After we have accepted your order for the products, you may not cancel the order without our consent;
(b) We will not consent to cancellation if we have processed documentation in fulfillment of your order;
(c) Returns for credit will be given at our discretion. The cost of return is your responsibility;
(d) In the event that we consent to cancellation, we may require you to pay a minimum handling charge of $5.00 exclusive of GST per case or part thereof or a maximum of 15% of the total value of your order.
10. USE OF YOUR INFORMATION
10.1 During the term of this agreement your use of the website will generate certain information that will be recorded electronically by us. Information of this type may include, for example, your IP address, your usage statistics, etc. We will also record your contact details, credit information and any related personal details that you supply or that we obtain independently.
10.2 You acknowledge that we, our employees, carriers, contractors and agents may use or disclose any of the information identified in the previous paragraph for purposes connected with the supply of the services to you. Examples of purposes connected with supply include, for example:
(a) administration of your account with Mitchell Enterprises Limited or on the website www.thundervodka.nz
(b) carrying out credit checks;
(c) keeping you up to date with new offers/changes at Thunder Vodka NZ.
(d) sharing with contractors to enable you to use or facilitate your use of the website.
10.3 You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.
11. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES
11.1 You agree by registering on this website that you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive regular electronic communications and promotional communications from us. You have the right to ask us at any time to stop sending online communications and promotional offers to you.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 We own, control or have the right to use and provide the website and all content on the website, including text, images, articles, photographs, illustrations, audio and video clips. You may electronically reproduce and store the content of the website solely for the purposes of viewing, using the services or saving website content, for your own personal use. 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.
12.2 Any infringement of our intellectual property rights will be fully enforced under New Zealand law.