Terms and Conditions
1. Definitions
"Intrepid Liquor" means Intrepid Liquor Limited, who is the seller of the products on sale on Rum Runners.
"Rum Runners” means this internet site accessible at www.rumrunners.co.nz
2. Rum Runners use
The use of Rum Runners and all sales of Products via Rum Runners are subject to these Terms and Conditions. By using Rum Runners, the Customer will be deemed to have accepted these Terms and Conditions.
3. Registration
Intrepid Liquor has the absolute discretion to refuse or terminate the registration of a potential Customer and the purchase of goods by a Customer for any reason whatsoever.
4. Customer liability
The Customer will be liable for every order made under its Login and agrees to indemnify and keep Intrepid Liquor indemnified against all losses, liabilities, penalties, damages, claims, demands, actions, costs, charges and expenses whatsoever which Intrepid Liquor incurs, or which may be made against Intrepid Liquor by any third party, as a result of the actions of a person placing orders for the Products using the Customer’s Login.
5. Information security
Intrepid Liquor shall use reasonable endeavours to prevent any unauthorised entry onto Rum Runners. However Intrepid Liquor shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
6. Price
The prices of products are displayed in New Zealand currency and are inclusive of GST and any other sales tax.
7. Variation of order
If the Customer requests a variation to an order which Rum Runners accepts, then the price payable for the order will be adjusted accordingly to reflect the variation, and recorded on the invoice.
8. Variation of price
Rum Runners may vary the prices of the Products at any time without notice.
9. Product availability
Every effort will be made to fulfil orders placed with Rum Runners, but Intrepid Liquor shall not be liable to any person if Intrepid Liquor declined to supply the Products for any reason whatsoever.
10. Payment
The Customer shall make payment of each order by credit card at the time of placing an order. Rum Runners accepts Visa or Mastercard. You will be charged in New Zealand dollars.
11. Debt Collection
The Customer is liable for all costs associated with debt collection where the Customer's payment has defaulted for an order(s).
12. Change to Payment Policy
Intrepid Liquor may change at any time the way in which the Customer pays for the Products, and any change will be notified to the Customer via Rum Runners.
13. Delivery Areas
Rum Runners delivers to most locations within the North and South Islands of New Zealand.
14. Proof of ID
The Customer warrants that they will show current identification to the person(s) delivering the goods for Intrepid Liquor. This identification must include the Customer’s full name, date of birth, photo and signature. Rum Runners will not deliver to any Customer who is under the age of 18 and / or cannot show identification proving they are 18 years or older.
15. Right to withhold delivery
Intrepid Liquor may withhold the right to deliver the Products to the Customer for any reason whatsoever (including, without limitation, location).
16. Reasonable endeavours
Intrepid Liquor shall use reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form within a reasonable time.
17. Change of Address
The Customer is to notify Rum Runners immediately of a change to its delivery address.
18. Delays to delivery
Notwithstanding clause 15, Intrepid Liquor shall not be liable for any failure to deliver within a reasonable time whether the delay is due to causes beyond the control of Intrepid Liquor or otherwise.
19. Delivery deemed to have taken place
Delivery will be deemed to be effected upon the direct transfer of possession of the Products from Intrepid Liquor to the Customer, or upon possession of the Products being given to a carrier or courier for the purposes of transmission to the Customer.
20. Products
Risk in the Products shall pass to the Customer upon delivery (as described in clause 19). Ownership of any Products passes to the Customer when the Customer has paid for the Products in full and delivery is made.
21. Login
The Customer is obligated to keep their login and password details safe and confidential at all times.
22. Returns or Refunds
If, for any reason, you are dissatisfied with your order, please contact us at admin@rumrunners.co.nz within 5 days of receipt of your order for assistance.
23. Warranties
Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of Rum Runners is authorised to make any warranties, representations or unauthorised warranties, representations or statements. 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 Rum Runners assumes no obligation or liability for any advice given and all Products are accepted by the Customer entirely at the Customer’s risk.
24. Consumer Guarantees Act
The Customer acknowledges and agrees that where the Products are ordered for business purposes (as that term is defined in the Consumer Guarantees Act 1993) ("CGA") the provisions of the CGA shall not apply.
25. Liability
Subject to the CGA, Intrepid Liquor excludes all liability for damage, injury or loss arising directly or indirectly from any defect in or non-compliance of the Products. In any event, Intrepid Liquor’s liability, whether in contract, tort or otherwise, for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Intrepid Liquor’s obligations under these Terms and Conditions shall not exceed the price of the Products ordered by the Customer.
26. No liability for indirect loss
Intrepid Liquor shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Rum Runners be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons.
27. Alcohol
The Customer warrants that he/she is not under the age of 18 years, is legally entitled to purchase any liquor product, and is not under the influence of alcohol at that time.
28. Restrictions on use of login to purchase special products
The Customer shall ensure that no person or persons shall use his/her login to purchase alcohol if that person or persons cannot satisfy clause 27.
29. Acceptance of orders containing alcohol
An order containing alcohol made by a Customer on an Easter Sunday, Good Friday, Christmas Day or before 1pm on Anzac Day shall not be accepted by Intrepid Liquor immediately at checkout, but will be deemed to have been accepted and dispatched the following day.
30. Intellectual Property
All right, title and interest in all Intellectual Property relating to Rum Runners is vested in and is the property of Intrepid Liquor Limited (or is included with the permission of the relevant owner). No part of Rum Runners may be distributed or copied for any commercial purpose and you are not permitted to incorporate the contents of Rum Runners or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. Further, you may not copy, use, remove or alter any Intellectual Property that appears on Rum Runners or on any content on Rum Runners.
31. Force Majeure
If the performance by Intrepid Liquor of its obligations under Rum Runners is prevented by reason of "force majeure" (which shall include 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 beyond the reasonable control of Intrepid Liquor) Intrepid Liquor shall be excused from the performance of its obligations under these Terms and Conditions.
32. Collection of information
The Customer authorises Rum Runners to collect, retain and use personal information about the Customer for the purposes of:
- Assessing the Customer's credit-worthiness;
- Undertaking any dealings or transactions with the Customer;
- Enforcement of any legal or other rights Rum Runners may have against the Customer in any manner that Rum Runners sees fit;
- Making such disclosures as may, in Intrepid Liquor’s opinion be required for any of the above purposes or generally to do business;
- Sending the Customer any advertising or promotional material; and
- Determining prize winners of promotions (if applicable).
33. Information retained by Intrepid Liquor
The Customer agrees that any personal information supplied by the Customer will be retained by Intrepid Liquor and will be accessible to Intrepid Liquor’s employees and other persons or body corporate engaged by Intrepid Liquor for or in relation to any of the purposes listed in clause 32 above. The Customers personal information will be held at a cloud-hosting provider as Intrepid Liquor’s agent). Intrepid Liquor shall retain all personal information supplied by the Customer until such time the Customer is deregistered.
34. Disclosure
The Customer authorises Rum Runners to disclose all or any part of any personal information provided by the Customer to a third party for any of the purposes listed in clause 32 above.
35. Customer rights
Under the Privacy Act 1993, the Customer has rights of access to his or her personal information held by Intrepid Liquor and may request correction to that information. The Customer may do so by emailing admin@rumrunners.co.nz. The customer agrees to pay Intrepid Liquor the reasonable charges requested by Intrepid Liquor in relation to time and attendances involved in complying with the Customer's request in this regard.
36. Consent to receipt of electronic messages
The Customer consents to his or her inclusion in Intrepid Liquor’s direct marketing database and accepts that they may, as a result, receive electronic communications and promotional communications from Intrepid Liquor. The Customer has the right to ask Intrepid Liquor at any time to stop sending online communications and promotional offers to them.
37. Variation of Terms and Conditions
Intrepid Liquor may at any time vary these Terms and Conditions.
38. Governing Law
These Terms and Conditions and any dispute arising from the use of Intrepid Liquor shall be governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.
39. Enforceability
If at any time Intrepid Liquor does not enforce any of these conditions, Intrepid Liquor will not be construed as having waived that condition or its right to later enforce that or any other condition. In addition, where any provision of these Terms and Conditions is rendered void, unenforceable or otherwise ineffective by operation of law, that will not affect the enforceability or effectiveness of any other provision of these Terms and Conditions.
40. Assignment
The Customer may not assign any of its rights or obligations under these Terms and Conditions except with the prior written consent of Intrepid Liquor, which may be refused at Intrepid Liquor’s absolute discretion. Intrepid Liquor may assign any of its rights and obligations under these Terms and Conditions.