Terms & Conditions

We hope you enjoy your shopping experience and your premium cocktails purchased from us.

All content on Good Spirits is subject to our Terms & Conditions. By using our website you have agreed to abide by the same.

Your order will be processed within 48 hours and please allow up to 5 working days to receive your order.
If you place an order over a weekend or public holiday your order will not be processed until the next business day.
We will email you a confirmation, once we have shipped your goods including an invoice/receipt and a tracking number.

Please supply a physical address.

It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. By agreeing to our terms and conditions, you are providing verifiable proof you are of legal age. Good Spirits reserve the right to request identification prior to and/or upon delivery of your product. No alcohol sold is to be delivered on Good Friday, Easter Sunday, Christmas Day, or before 1pm on Anzac Day;

All content on Good Spirits is subject to our Terms & Conditions. By using our website you have agreed to abide by the same.

COPYRIGHT
All content on Good Spirits is held under copyright by Good Spirits and is protected under New Zealand law. Content from publications and suppliers outside of Good Spirits used under license, may not be reproduced without written consent from Good Spirits. Acceptable use of the content may apply for original content displayed on Good Spirits in unaltered form for non-commercial use.

CURRENCY
All prices quoted on this website are in NZ Dollars. All prices listed are GST inclusive.

ERRORS AND OMISSIONS
Whilst every care is taken to provide information that is valid, clear and accurate at the time of publication, Good Spirits acknowledge that errors may occur. As specials, policies, price points, dates, conditions, and information are continually changing, we reserve the right to revise our content at any time to ensure the information we provide to all customers is as accurate as humanly possible. We offer no warranty or guarantee on information found to be containing errors or omissions.

INTELLECTUAL PROPERTY
All content contained within the Good Spirits site, its marketing collaterals both online and offline, graphics, logos and bottle shots are subject to copyright owned by Good Spirits and its suppliers/licensors and are protected by the laws of New Zealand governing copyright and intellectual property ownership.

PRICING ERRORS
In the event of a product inadvertently appearing on the website at the wrong price, Good Spirits reserves the right to cancel or decline orders for the product at the incorrect price, even if a credit card has already been debited. In the event that credit has already been taken, Good Spirits will notify the buyer and refund the price of the product immediately.

PRODUCT AVAILABILITY
All products are sold on a ‘while stocks last’ basis, if an order has been placed after the requested product has sold out, the buyer will be contacted with the option to take delivery of a product of at least equal quality or a full refund.

DELIVERY
Good Spirits will always endeavour to deliver to buyers in as little time as possible. Please allow up to 5 working days for delivery to be made. Remote areas may take slightly longer for obvious logistical reasons. Once an order has been dispatched to its original destination, any changes to that destination or redirect requests made by the customer are the responsibility of the customer and not of Good Spirits.

RISK
Any risk of damage, deterioration or loss is passed to the customer when receiving delivery.

REFUNDS
We do not offer refunds for change of mind

FORCE MAJEURE
Good Spirits will take no responsibility for the inability to supply for the reason for events that are beyond reasonable control. In the event of a delay of supply the consumer will be contacted with an expected time frame of delivery. If Good Spirits is prevented from delivering for an extended period of time, either party may cancel the order without liability to the buyer.

MINIMUM AGE OF DELIVERY
To purchase from this website the buyer must be over 18 years of age, verifiable by ID and specify a domestic shipping address within New Zealand . By placing an order with Good Spirits the buyer confirms that they are over the age of 18 and it is legal that they purchase Alcohol is required under New Zealand law to request your date of birth upon ordering, this information is kept for legal reasons only. The courier delivering the product can check for identification; products cannot be delivered to a buyer unable to prove they are of legal age.

SPECIAL OFFERS
Good Spirits reserves the right to terminate a special offer at any time without prior notice.

OVERSEAS DELIVERY
Please get in touch on info@good-spirits.co.nz if you’re interested in stocking us overseas

Subject to Law:

Each offer or request made by the Buyer to Good Spirits for the sale or supply of any Goods shall be deemed to be made subject to these Terms of Use; and

Each sale or supply of Goods by Good Spirits to the Buyer shall be deemed to be made in accordance with these Terms of Use, despite any contrary provision in any offer or request made by the Buyer to Good Spirits, or otherwise.

PRICES AND PAYMENT

With each delivery of Goods sold or supplied by Good Spirits to the Buyer, Good Spirits may issue to the Buyer an invoice for:

(a)the Price of the Goods delivered, calculated in accordance with the Price List for those Goods current on the date of acceptance by Good Spirits of an order from the Buyer in respect of those Goods; and

(b)all applicable delivery charges, freight, levies, goods and services taxes and any other taxes or charges applicable to the supply of those Goods.

Good Spirits may replace or vary any Price List from time to time prior to the placement of any order for Goods by the Buyer.

The Buyer must pay Good Spirits for Goods supplied by the Due Date.

The Buyer must not deduct any amounts from any payments owing to Good Spirits

Good Spirits will issue a tax invoice for each taxable supply that Good Spirits makes to the Buyer. Without limiting any other provision of these Terms of Use, or otherwise, the Buyer must pay to Good Spirits each amount referred to as GST on the tax invoice.

All prices, charges, fees or other amounts payable by the Buyer to Good Spirits in accordance with any Price List, invoice or statement shall be calculated without including an amount for GST, unless it is clearly stated in that Price List, invoice or statement that the prices, charges, fees or other amounts payable include GST.

Despite any other provision in these Terms of Use, or otherwise, each payment to be made by the Buyer to Good Spirits must be made together with an additional amount equal to the GST on the supply or component of the supply (made or to be made) giving rise to, or in connection with, that payment.

INTEREST

If the Buyer fails to make a payment for Goods by the Due Date, interest will accrue at the Interest Rate from the Due Date until the date on which such payment is made.

LIMITATION OF LIABILITY

Good Spirits acknowledges that New Zealand legislation confer certain rights and remedies on the Buyer in relation to the sale or supply by Good Spirits to the Buyer of Goods, pursuant to these Terms of Use, or otherwise, which cannot be excluded, restricted or modified by agreement (“Non-Excludable Rights”). Good Spirits does not exclude any Non-Excludable Rights but does exclude all other terms, conditions, guarantees and warranties implied by the written or unwritten Law in relation to any sale or supply by Good Spirits to the Buyer of Goods.

Subject to Law, Good Spirits makes no representation and gives no warranty in relation to any sale or supply of Goods by Good Spirits to the Buyer.

The Buyer acknowledges that the Buyer has not relied upon any representation or warranty made by or on behalf of Good Spirits in relation to any sale or supply of Goods pursuant to these Terms of Use, and will not rely upon any representation or warranty made by or on behalf of Good Spirits in relation to any future sale or supply of Goods by Good Spirits to the Buyer, which is not expressly agreed in writing by Good Spirits prior to the sale or supply of those Goods, subject in all respects to the written Law.

To the extent permitted by Law, in respect of each sale or supply of Goods by Good Spirits to the Buyer:

(a) each Implied Term is expressly excluded; and

(b) the liability of Good Spirits is limited to the lowest of the cost of replacing the Goods, supply of equivalent product, or having the Goods repaired.

PROVISION OF MATERIAL BY Good Spirits

All Promotional Material shall at all times remain the property of Good Spirits

You must return all Promotional Material to Good Spirits upon demand by Good Spirits

FREIGHT, INSURANCE AND DELIVERY

Good Spirits will, if requested by the Buyer, at the cost and risk of the Buyer, arrange for the delivery of Goods to the Buyer at the address nominated by the Buyer.

Risk in Goods sold by Good Spirits to the Buyer passes from Good Spirits o the Buyer upon despatch from the warehouse of Good Spirits . Good Spirits has no obligation to arrange for insurance of Goods against the risks of carriage.

If Good Spirits agrees to arrange freight and insurance, or both, in respect of any Goods sold or supplied by Good Spirits to the Buyer, the Buyer must pay and reimburse Good Spirits for all such costs.

Good Spirits shall not be liable for any loss or damage due to any failure by Good Spirits to deliver any Goods promptly, or at all.

Delivery dates or times indicated by Good Spirits to the Buyer are approximate only and do not constitute a guarantee of delivery or delivery by such date or time. No time of the essence transaction will be considered by Good Spirits unless agreed in writing by Good Spirits

Subject to these Terms of Use, no Goods shall be placed on Back Order.

Goods may be placed on Back Order if agreed in writing by Good Spirits . Those Goods shall be supplied by Good Spirits as soon as reasonably practicable upon Good Spirits receiving those Goods.

Good Spirits may, in the sole discretion of Good Spirits , delay delivery of any Goods until Good Spirits has received payment from the Buyer of all money due by the Buyer to Good Spirits in respect of those Goods and any other Goods previously sold by Good Spirits to the Buyer.

RISK

Risk in all Goods sold or supplied by Good Spirits the Buyer passes to the Buyer upon the first to occur of:

delivery of those Goods by Good Spirits to the Buyer; or

Dispatch by Good Spirits of those Goods from the warehouse of Good Spirits to the Buyer.

PERSONAL PROPERTIES SECURITIES ACT 1999

Notwithstanding any other term, the Goods and any other products delivered by Good Spirits onto the Buyer shall remain the sole and absolute property of Good Spirits as legal and equitable owner, until the date the first of the following occurs:

(a) there are no longer any amounts owing to Good Spirits for those Goods;

(b) Good Spirits registers a Financing Statement (as that term is defined in the PPS Act) in respect of those Goods; and

Until and unless the Buyer has paid Good Spirits in full for the Goods, the Buyer must:

(a) store those Goods on its premises separately from any other goods that may be in the possession of the Buyer and in a manner which makes them readily identifiable as the Good Spirits goods;

(b) hold those Goods as the Good Spirits bailee;

(d) immediately pay to Good Spirits the proceeds of any sale of those Goods or hold any proceeds of the sale of those Goods on trust for Good Spirits in a separate account.

The Buyer agrees that the Buyer shall only sell Goods in respect of which the Buyer has not made full payment to Good Spirits on the conditions that any such sale is conducted at arm’s length and is for the full market value of those Goods and Good Spirits has not demanded the return of those Goods.

The Buyer grants to Good Spirits a Purchase Money Security Interest (as that term is defined in the PPS Act), in all Goods as security for all amounts owing and unpaid by the Buyer to Good Spirits in respect of those Goods.

Good Spirits may apply to register a Financing Statement, or a Financing Change Statement (as that term is defined in the PPS Act), from time to time, in relation to a Purchase Money Security Interest, without notice to the Buyer.

Until all amounts owing to Good Spirits for Goods have been received from the Buyer by Good Spirits, the Buyer grants an exclusive, irrevocable licence to Good Spirits o enter any premises where Goods for which payment in full has not been received by Good Spirits are kept to take possession of those Goods and to use all reasonable force in doing so without any liability for any resulting damage.

The Buyer acknowledges and agrees that Good Spirits may exercise any and all remedies afforded to a Secured Party (as that term is defined in the PPS Act) under the PPS Act including, but not limited to, entry into any building or premises owned, occupied, or used by the Buyer, to search for and seize, dispose of or retain those Goods in respect of which the Buyer has granted to 19 a Purchase Money Security Interest.

The Buyer and Good Spirits agree to exclude the following sections of the PPS Act in respect of all Goods:

(a) sections 95, 121(4), 130 and 135 of the PPS Act (to the extent that Good Spirits is required to give notice to the Buyer); and

(b) sections 96, 120, 125, 129(2), 132(3)(d), 132(4), 135, 142 and 143 of the PPS Act.

To the extent permitted under the PPS Act, the Buyer expressly waives its right to receive from Good Spirits a copy of any Financing Statement, Financing Change Statement or Verification Statement (as that term is defined in the PPS Act) that is registered, issued or received at any time in relation to any Goods.

The Buyer warrants that it is not at the time of entering into these Terms of Use insolvent and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or to exercise any other rights over or against its assets.

These provisions relating to title shall apply notwithstanding any agreement or arrangement, whether part of these Terms or otherwise, pursuant to such Good Spirits may give credit to the Buyer.

GUARANTEE

The Buyer unconditionally and irrevocably guarantees to Good Spirits

(a) where the Buyer is an Approved Creditor, the proper and punctual performance of all of its obligations under the credit arrangements between the Buyer and 1919 Distilling, including as to the veracity of the information contained in the Application for Credit and payment of all monies owing;

(b) the payment on demand of the whole of the Price;

(c) the performance and observance of all obligations, covenants, warranties, terms, conditions, provisions, stipulations and work to be observed, performed or fulfilled by the Buyer pursuant to these Terms of Use.

In addition to the obligations of the Buyer, where the Buyer is a proprietary limited company, the Guarantor unconditionally and irrevocably guarantees to Good Spirits

(a) where the Buyer is an Approved Creditor, the proper and punctual performance of all of its obligations under the credit arrangements between the Buyer and Good Spirits , including as to the veracity of the information contained in the Application for Credit and payment of all monies owing;

(b) the payment on demand of the whole of the Price;

INDEMNITY

The Buyer unconditionally and irrevocably indemnifies and agrees to keep indemnified Good Spirits and the servants and agents of Good Spirits against any loss, damage, expense, Claims or obligation which the Buyer has or may suffer or incur by reason of:

(a) any breach of these Terms of Use by the Buyer or any person claiming through or under the Buyer;

(b) the non-payment of the Price;

(c) the non-performance or non-observance of all obligations, covenants, warranties, terms, conditions, provisions, stipulations and work to be observed, performed or fulfilled by the Buyer pursuant to these Terms of Use or any credit arrangement between the Buyer and Good Spirits

and the obligation of the Buyer under this clause is undertaken by the Buyer as a principal and is independent of and in addition to the obligations of the Buyer under the clause above entitled “Guarantee”.

In addition to the obligations of the Buyer, where the Buyer is a proprietary limited company, the Guarantor unconditionally and irrevocably indemnifies and agrees to keep indemnified Good Spirits and the servants and agents of Good Spirits against any loss, damage, expense, Claims or obligation which the Buyer has or may suffer or incur by reason of:

(a) any breach of these Terms of Use by the Buyer or any person claiming through or under the Buyer;

(b) the non-payment of the Price;

and the obligation of the Guarantor under this clause is undertaken by the Guarantor as a principal and is independent of and in addition to the obligations of the Guarantor under the above clause entitled “Guarantee”.

Subject to Law, Good Spirits as no liability to the Buyer, or any person claiming through or under the Buyer for Indirect or Consequential Loss.

PRIVACY ACT 1993

Good Spirits is aware of its obligations under the Privacy Act including under the New Zealand Privacy Principles, and it takes these obligations very seriously and will at all times comply with its obligations under the Privacy Act.

You consent to the collection and use of Personal Information (as defined in the Privacy Act) by Good Spirits in order to enable Good Spirits to carry on its business and supply the Goods.

INVALIDITY

If the whole or any part of a provision of these Terms of Use is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of these Terms of Use have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

VARIATION

These Terms together with any Application for Credit, contain the whole contract between Good Spirits and the Buyer and no variation of these Terms of Use is binding on Good Spirits unless in writing signed by Good Spirits

TERMINATION

Good Spirits may terminate these Terms of Use and the arrangements between the Buyer and Good Spirits at any time.

Without prejudice to any other rights Good Spirits may have under these Terms of Use or at Law, Good Spirits may terminate the obligations of Good Spirits under these Terms of Use if:

(a) the Buyer is in breach of any obligation on the part of the Buyer under these Terms and such breach is not remedied by the Buyer within five (5) business days after service by Good Spirits upon the Buyer of a written notice requiring the Buyer to rectify the breach;

(b) the Buyer becomes insolvent; or

(c) an administrator, receiver or receiver and manager is appointed in respect of the Buyer or all or any of the assets of the Buyer.

For the avoidance of doubt, upon termination of these Terms of Use, all amounts owing by the Buyer to Good Spirits under these Terms are immediately payable by the Buyer to Good Spirits

ENTIRE AGREEMENT

These Terms of Use together with any Application for Credit comprise the entire agreement between the Buyer and Good Spirits and no earlier agreement, understanding or representation, whether oral or in writing, in relation to any matter dealt with in these Terms of Use will have any effect from the date of these Terms of Use.

ASSIGNMENT

The Buyer must not assign any of the rights of the Buyer pursuant to these Terms of Use or, without the prior written consent of Good Spirits , which may be refused in the absolute discretion of Good Spirits . Any consent by Good Spirits will not release the Buyer from any obligation of the Buyer pursuant to these Terms of Use.

Good Spirits may assign all or any of the rights of Good Spirits pursuant to these Terms of Use.

NO AGENCY

The Buyer will not by virtue of these Terms be, or for any purpose be deemed to be, an agent of Good Spirits

COOKIES

Cookies may be used on this website to gather data in relation to this website and You consent to this (although You may be able to disable cookies on your web browser).

USE OF YOUR DATA
Good Spirits may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you

DISCLAIMER

Good Spirits makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to the availability, functionality or performance of such any information, content, materials or products, except as otherwise provided under any applicable Law.

Good Spirits does not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside its control), which You may directly or indirectly suffer in connection with your use of this website or any linked website, nor does Good Spirits accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by Law, Good Spirits disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

The use of the information on this website is at your own risk. To the extent permitted by Law, Good Spirits excludes all liability in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by Law, Good Spirits limits its liability to the re-supply of the relevant information or services.

You agree to indemnify Good Spirits and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that You provide via this website or any damage that You may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by and construed in accordance with New Zealand Law and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or un-enforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect. If You access this website in a jurisdiction other than New Zealand, You are responsible for compliance with the Law of that jurisdiction, to the extent that they apply. Good Spirits makes no representations that the content of this website complies with the Laws of any country outside New Zealand. .

Terms & Conditions

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