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1. GENERAL
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1.1 Definitions
1.1.1 "Customer" means you and all other persons who purchase the products under your Login. TMLS reserves the right to refuse customers who purchases goods for resale.
1.1.2 "GST" means goods and services tax.
1.1.3 "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
1.1.4 "Login" means a Customer's personal password and access to TMLS Internet Shopping under that Customers registration.
1.1.5 "Products" means all the products for sale in TMLS Internet Shopping.
1.1.6 "Store Policy" means the store policy of TMLS Internet Shopping.
1.1.7 "TMLS" means The Mill Liquorsave Limited, who is the seller of the products on sale in TMLS Internet Shopping.
1.1.8 "TMLS Internet Shopping" means this Internet site owned by TMLS and the medium by which products are offered for sale by TMLS to the Customer. IMPORTANT: The products offered for sale are "Internet Only" which means they are only available via the TMLS Internet site. While many products may also be available through our stores, we can only guarantee availability at the advertised prices if purchased via the TMLS Internet site.
1.2 Sale of all Products subject to Terms and Conditions All the Products sold by TMLS are sold subject to the following terms and conditions. The terms and conditions apply to every contract of sale unless expressly varied by TMLS.
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 Policy.
1.4 TMLS discretion to accept registration TMLS has the absolute discretion to refuse the registration of a potential customer for any reason whatsoever and therefore the purchase of goods where they will be used for resale.
1.5 Termination of Registration
TMLS has the absolute discretion to terminate the registration of any of its Customers for any reason whatsoever.
1.6 Customer liable for every order
The Customer will be liable for every order made under its Login and agrees to indemnify TMLS for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customers Login.
1.7 Security of Information
TMLS shall use its best endeavours to prevent any unauthorised entry into the TMLS Internet Shopping Internet site. However TMLS shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
Why is the TMLS website safe?
Safe technology systems. The TMLS website 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 for the life of the order, behind TMLS firewalls, so that your personal details are not accessible from the Internet.
Safe payment guarantee. TMLS guarantees protection of your credit card information. We guarantee that every order you place at the TMLS website will be 100% safe. This means that you will not be liable if unauthorised charges through no fault of your own, are made to your account as a direct result of shopping at the TMLS website while using the secure server. All credit cards are authorised by before any charges are made. In the event of unauthorised use of your credit card, you must notify your credit card provider immediately and act in accordance with its reporting regulations and procedures.
2. PRICE
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2.1 Registration costs
The Customer shall not be liable for any registration costs to register with TMLS Internet Shopping.
2.2 Currency
The prices of products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 ISP charge
The Customer shall be individually responsible for its ISP charge.
2.5 Delivery charge
TMLS shall charge the Customer a delivery charge which covers the costs associated with picking, packing and the delivery of your order. The fee shall be identified and included in the total price at the point of checkout. TMLS is entitled to change this fee at any time.
2.6 Variation of order and price
If the Customer requests a variation to the order which TMLS accepts then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.
2.7 TMLS may vary prices
TMLS may vary the prices of the Products at any time without notice.
2.8 TMLS may set credit limits
TMLS may from time to time set credit limits for individual Customers.
2.9 Prices available online only
Occasionally website pricing may differ from in-store pricing as the prices for the produts listed on this site are only available online unless stated otherwise.
3. PRODUCT RANGE AND AVAILABILITY
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3.1 Product availability
Every effort will be made to fulfil orders placed with TMLS, but TMLS shall not be liable to any person if TMLS decline to supply product(s) for any reason whatsoever.
TMLS Internet Shopping reserves the right to determine the specials that are available on line.
Some advertised specials on behalf of TMLS may not be available through TMLS Internet Shopping.
Specials are subject to availability while stocks last.
TMLS Internet Shopping does not allow back orders for specials that are not available at the point of ordering.
TMLS reserves the right to limit the range of products available to certain areas.
TMLS reserves the right to limit quantities.
TMLS Internet Shopping may delay dispatch of a bulk order due to stock availability.
3.2 Product range
TMLS reserves the right to limit the range of products available to certain areas.
3.3 Seasonal lines
Every effort will be made to fulfil orders placed with TMLS, but TMLS shall not be liable to any person if TMLS are unable to supply product(s) due to the seasonal nature of such products.
3.4 Vouchers
Gift Vouchers and Christmas Vouchers may not be purchased Online. Gift Vouchers, Christmas Vouchers and supplier vouchers can not be redeemed Online.
4. PAYMENT
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4.1 Payment by credit card
The Customer shall make payment of each order by credit card. TMLS Internet Shopping accepts Visa or Mastercard.
4.2 Disabling account
TMLS reserves the right to disable a customer's account for any reason whatsoever.
4.3 Debt Collection
The customer is liable for all costs associated with debt collection where the customer's payment has defaulted for an order(s).
5. DELIVERY
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5.1 Delivery Areas
TMLS Internet Shopping delivers to most locations within the North and South Islands of New Zealand.
5.2 Right to withhold delivery
TMLS withhold the right to deliver the Products to the Customer for any reason whatsoever.
5.3 Change to Payment Policy
TMLS may change at any time the way in which the Customer pays for the Products, and any change will be notified to the Customer prior to he/she placing his/her next order.
5.4 Best endeavours
TMLS shall use reasonable endeavours to deliver the Products of acceptable quality to the delivery address (specified by the Customer on the registration form) on a timely basis.
5.5 Change of Address
The Customer is to notify TMLS (online.sales@themill.co.nz ) immediately of a change to its delivery address and in such case the notification shall be treated as a new application for registration.
5.6 Delays to delivery
Notwithstanding clause 4.1, TMLS shall not be liable for failure to deliver on a timely basis whether the delay has been due to causes beyond the control of TMLS or otherwise.
5.7 Delivery deemed to have taken place
If the Customer fails or refuses to take delivery of the Products, the Products shall be left at the delivery address and be deemed delivered at that point in time.
6. VARIATION/CANCELLATION OF ORDER
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6.1 Variation/cancellation of order
The customer may vary or cancel the order up to the point in time that TMLS has commenced packing the order by contacting the Head Office on 06 769 9304.
6.2 Substitution of Product
Subject to the Customer's consent, TMLS may substitute a Product for another similar product if the initial Product ordered by the customer is unavailable.
7. PROPERTY/RISK
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7.1 Products
Property and risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address.
7.2 Login and email
The customer is obligated to keep their login and password details safe and confidential at all times.
8. RETURNS OF PRODUCTS/REFUNDS
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If, for any reason, you are dissatisfied with your order, please contact us within 7 days of receipt of your order on 06 769 9304 for assistance.
9. WARRANTIES
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9.1 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 TMLS 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 TMLS assumes no obligation or liability for any advice given and all such Products are accepted by the Customer entirely at the customers risk.
9.2 Consumer Guarantees Act
The customer acknowledges 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 to the sake of the Products by TMLS.
10. LIABILITY
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10.1 Product liability
The liability of TMLS 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 TMLS" obligations hereunder shall not in any event exceed an amount equivalent to the price of the product.
10.2 No liability for indirect loss
TMLS shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall TMLS be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.
11.SPECIAL PRODUCTS
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11.1 Alcohol
If the customer's order includes any liquor product the customer warrants that he/she is not under the age of 18 years and legally entitled to purchase any liquor product and that he/she is not under the influence of alcohol at that time.
11.2 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 clauses 10.1 and 10.2.
11.3 Acceptance of orders containing alcohol
Acceptance of an order containing alcohol made by a customer on a Sunday, good Friday or Christmas day shall not be accepted by TMLS immediately at checkout but deemed to have been accepted at 12.05 am the following day.
12. INTELLECTUAL PROPERTY
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All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to TMLS Internet Shopping shall at all times remain the property of TMLS.
13. FORCE MAJEURE
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If the performance by TMLS of its obligations under TMLS Internet Shopping 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 TMLS ) TMLS shall be excused from such performance to the extent of such prevention.
14. PRIVACY ACT
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14.1 Collection of informatio
The Customer authorises TMLS to collect, retain and use personal information about the Customer for the purposes of:
14.1.1Assessing the Customer's credit-worthiness
14.1.2 Undertaking any dealings or transactions with the customer.
14.1.3 Enforcement of any legal or other rights TMLS may have against the Customer in any manner that TMLS sees fit.
14.1.4 Making such disclosures as may in TMLS" opinion be required for any of the above purposes.
14.1.5 Sending the Customer any advertising or promotional material.
14.2 Collection from other sources
The Customer further authorises TMLS to collect personal information about the Customer from the Customer or any other source available to TMLS including but not limited to credit referral agencies, the Customer's bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer will have been associated.
14.3 TMLS right to refuse application
The Customer is aware that in the event that sufficient personal information is not supplied, or is not satisfactory to TMLS then his/her application for registration to TMLS Internet Shopping may not be accepted.
14.4 Information retained by TMLS
The Customer is aware that any personal information supplied by the Customer will be retained by TMLS and will be accessible to TMLS" employees and other persons or body corporate engaged by TMLS for or in relation to any of the purposes listed in clause 14.1 above.
14.5 Disclosure
The Customer authorises TMLS to disclose all or any part of any personal information provided by the Customer to credit referral agencies.
14.6 Retention of information
The Customer acknowledges that TMLS shall retain all personal information supplied by the Customer until such time the Customer is deregistered.
14.7 Customer rights
The Customer is aware of his/her rights under the Privacy Act 1993 to have access to personal information held by TMLS and to request correction to the information and to be informed of action take in response to any such request and/or to request that there be attached to the information a statement which the customer can supply to TMLS relating to the fact that the customer has requested a correction. The customer agrees to pay TMLS the reasonable charges requested by TMLS in relation to time and attendances involved in complying with the Customer's request in this regard.
15. COMPETITIONS/PROMOTIONS
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Instructions, prizes and information on how to enter form part of these conditions of entry. By entering, entrants accept these conditions of entry.
Entry is only open to New Zealand residents aged 18 years or older. Directors, management and employees of the Promoter, participating outlets/venues and of the agencies or companies associated with this promotion (including the immediate family members of the before mentioned people) are ineligible to enter.
The promotion is only valid for the stated promotional period.
To enter the promotion, entrants must:
a) Fully complete an on-line entry form when available at www.themill.co.nz. Entrants may receive a text or email reply confirming they are in the draw with a chance to win. By entering this promotion, entrants consent to receiving this text or email.
b) The promoter and associated companies with this competition are not liable for any SMS costs incurred by interacting with a SMS short code or on-line entry form. This includes but is not restricted to the excessive use of SMS messaging. All network charging is out of the control of the promoter. Standard messaging fee’s will apply. For information about SMS rates and costs to short codes, please contact your mobile network service provider.
c) The Promoter reserves the right to verify the validity of entries. Where purchase is required to enter all entrants must retain the proof of purchase receipt to validate each entry.
No responsibility is accepted for late, lost, incomplete, illegible or misdirected entries.
The Promoter reserves the right to verify the validity of entries. The Promoter reserves the right to disqualify any entrant who tampers with or benefits from any tampering with the entry process or with the entry process or with the operation of the competition, or for submitting an entry which is not in accordance with these conditions of entry or acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
Prize draws will take at 207 Gill Street, New Plymouth, New Zealand or at any authorised associated Mill Liquorsave premises.
The judge's decision as to whether any entry is valid and the result of the draw is final and no correspondence will be entered into.
Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.
The prize winners will be notified by text, phone, e-mail or in writing. In the event that a winner is not contactable for two weeks after the prize draw, the Promoter will conduct such further draws at the same place as the original prize draw as are necessary in order to distribute prizes and the previous winner will forfeit their prize, subject to any written directions of any relevant gaming authority.
Prizes are not transferable or exchangeable and cannot be redeemed for cash. In the event for any reason a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where any prize is unavailable for any reason, the Promoter reserves the right to substitute that prize for a prize of equal value as determined by the Promoter.
The prize winners must at the Promoter’s request, participate in any marketing and promotional activity in relation to winning the prize, free of charge, and consent to the Promoter using their name and image in such promotional material.
The Promoter reserves the right to request winners to provide proof of age and identity prior to awarding any prize. Identification considered suitable for verification is at the discretion of the Promoter.
If for any reason this promotion is not capable of running as planned (including but not limited to) technical failures, unauthorised intervention, fraud or any other causes beyond the control of the Promoter) which corrupts or affect the administration, security, fairness, or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the promotion.
The Promoter will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), damage or personal injury suffered or sustained in relation to this promotion or the acceptance or use of any prizes (whether or not arising from any person’s negligence) except for any liability which cannot be excluded by law, in which case it will be excluded to the minimum allowable by law.
Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage in transit to prizes.
The Promoter encourages consumers to enjoy responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended by the Alcohol Advisory Council of New Zealand (ALAC). These levels are based on a measurement called the 'standard drink'. Each standard drink contains 10 grams of alcohol.
On any one drinking occasion you should drink no more than - six standard drinks (for men) and four standard drinks (for women). In any one week, you should drink no more than - 21 standard drinks (for men) and 14 standard drinks (for women). For further information visit www.alac.co.nz
All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting the competition. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting the competition or communicating with entrants. By entering the competition entrants consent to the storage of their personal information on the Promoter’s database and the Promoter may use this information for future promotional and marketing purposes regarding the Promoter’s products including contacting the entrant via electronic messaging. The Promoter is bound by the Information Privacy Principles in the Privacy Act 1993. Entrants can request access to, and correction of, the personal information the Promoter holds about them or may request that they not receive further promotional or marketing communications from the Promoter by contacting the Promoter at the address below.
The Promoter is The Mill Liquorsave, 207 Gill Street, New Plymouth, New Zealand.
16. VARIATION OF TERMS AND CONDITIONS
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TMLS may at any time, vary these Terms and Conditions.
