Tantalus Limited (“Alibi Brewing”) is committed to ensuring the privacy of all users (“Users”) information.
To use Alibi Brewing, users need to keep their personal information such as first name, last name, email address, date of birth and other contact details up to date.
Alibi Brewing will not disclose any personal information to any third party unless expressly authorised to do so by the user.
6. Access to Information
Users may request to see the personal information held by Alibi Brewing at any time. This information can be updated or corrected by the user through the website (www.alibibrewing.co.nz). Please email email@example.com
7. Information Storage
Alibi Brewing will store users’ personal information securely in New Zealand or in any other country Alibi Brewing operates in. Users’ personal information may be held securely outside of New Zealand.
8. Usage of Information
Alibi Brewing will only use Users’ information in connection with using Alibi Brewing through pageproof.com and any associated services (mobile, tablet etc). Alibi Brewing will use the information to communicate with users or to co-operate with any government authorities with validated requests. Alibi Brewing reserves the right to use data (anonymously) in relation to Alibi Brewing use for marketing purposes. All supplied sensitive/credit information is collected by a third party secure gateway Stripe payment system.
Alibi Brewing will remove all users’ information related to the users’ Alibi Brewing account should the user cancel their account. Any information which identifies the user to another party (such as comments on a proof) will be anonymised. The removal of the users’ information will occur within a reasonable time.
(a) Alibi Brewing will take all reasonable steps to prevent any unauthorised entry into the Alibi Brewing data-base. However, Alibi Brewing will not be liable for any loss to a customer where a third party has gained unauthorised access to a customer’s information held by Alibi Brewing.
(b) The measures Alibi Brewing uses to keep customers information secure are: The encryption transfer of personal data placed onto the website by the customer. Once the customer’s personal data is received it will be stored on a secure server protected by firewalls to try and prevent unauthorised access from the internet. All supplied sensitive/credit information is collected by a third party secure gateway Stripe payment system only to be accessible by those authorised with special access rights to such systems and are required to keep the information confidential.
(c) Alibi Brewing will not be responsible for any loss, costs, or expenses either directly or indirectly incurred by a customer or as a result of the customer using the website. The customer uses this website and the on-line forms at the customer’s risk.
12. Changes to our Privacy
13. Contacting Us
Welcome to www.alibibrewing.co.nz By using the Tantalus Ltd online ordering facility you acknowledge that you have read, understood and agreed to be bound by the Terms & Conditions. When you purchase beers and wine via www.Alibi Brewingbrewing.co.nz, you accept these Terms and Conditions, and the specific conditions that apply to that purchase. Together these terms and conditions form a legal contract between you the “Buyer” and Tantalus Ltd, the “Seller” when you purchase Goods. If you have any questions regarding these Terms and Conditions please contact us at firstname.lastname@example.org These are our terms of sale:
a. In these terms and conditions “Alibi Brewing” means Tantalus Limited.
b. Your access to and use of all information on this website including purchase of our Goods is provided subject to these terms and conditions (“Terms”). Alibi Brewing reserves the right to amend its Terms at any time and your use of the website following any amendments will represent your agreement to be bound by these Terms as amended. We therefore recommend that each time you access our website you read these Terms.
c. “Goods” means beers, merchandise, gift vouchers and wine.
d. All legislation referred to in this Terms is New Zealand legislation. “Business Day” means any day not being a Saturday or Sunday or statutory holiday in Auckland, New Zealand. “Damages” means all liabilities, expenses, losses, damages and costs (including legal costs on a full indemnity basis whether incurred by or awarded against a party) including those associated with any third party claim, and whether arising under contract, tort (including negligence) or otherwise. “GST” means Goods and Services Tax payable in accordance with the Goods and Services Tax Act 1986. “Intellectual Property” means and includes (whether invisible, electronic or any other form) all brands, contracts, goodwill, logos, formulae, techniques, know-how, specifications, designs, drawings, copyright, manufacturing processes, patents and trademarks (if any) whether registered or not, software (and source and object code), business strategies, confidential business information including market and marketing strategies, business contracts, and all other intellectual property relating to the business of all Goods or services provided by Alibi Brewing.
e. These terms of trade (“Terms”) form a contract between Alibi Brewing and you in respect of the supply of Goods to you by Alibi Brewing.
f. Any Goods supplied by Alibi Brewing to the Purchaser will be supplied on these terms and conditions. If the Purchaser orders Goods, the Purchaser will be deemed to have accepted these terms and conditions. The only circumstances where any variation to these terms and conditions will apply is where the Company has expressly agreed in writing to that variation.
g. You may not assign all or any of its rights or obligations under these terms without the prior written consent of Alibi Brewing.
h. Alibi Brewing is not bound unless otherwise stated in these terms, by any error or omission on any invoice, order form or other document or statement issued by Alibi Brewing.
i. Where Alibi Brewing has rights and remedies at law or otherwise in addition to the rights set out in these Terms, those rights and remedies will continue to apply.
j. If any of these Terms or part thereof are held to be invalid, illegal, unenforceable or void for any reason or reasons, all of the remaining Terms (or part thereof) shall remain in full force and effect. k. If at any time Alibi Brewing does not enforce any of these terms and conditions or grant you time or other indulgences, Alibi Brewing shall not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition.
l. These Terms are governed by the law of New Zealand and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand.
2. Supply of alcohol
In ordering Goods from Alibi Brewing you confirm that:
a. You are 18 years of age or older.
b. You are legally entitled to purchase alcohol in your country of residence.
c. You are legally entitled to purchase alcohol in the country you are ordering the Goods from.
a. All prices are stated in New Zealand dollars and include Goods and Services Tax (“GST”) unless otherwise stated.
b. No New Zealand Goods and Services Tax shall be paid by International Purchasers. Otherwise, you will pay GST on top of the GST exclusive price.
c. Alibi Brewing reserves the right to alter prices at any time. Goods will be invoiced at the price displayed on the website as at the date of order.
a. All orders will be invoiced in New Zealand dollars. Payment shall be made by Visa, Mastercard or Amex collected by a third party secure gateway Stripe payment system.
b. If you wish to discuss alternative payment arrangements please contact email@example.com Note that alternative payment arrangement is entirely subject to Tantalus discretion.
c. Payment must be confirmed and received as cleared funds by Alibi Brewing before any order can be processed and dispatched to you.
5. Delivery and transit
a. Alibi Brewing shall endeavour to dispatch Goods from its premises no later than 2 business days after the date of receipt of the order.
b. Alibi Brewing will not be responsible for any failure to deliver or delay in delivery caused by any event outside of its reasonable control.
c. In the event that Alibi Brewing fails to deliver any Goods you may cancel your order in respect only of the Goods not delivered unless otherwise agreed.
d. All Goods are sold subject to their availability. Some Goods and promotional items may be limited as to quantity. e. Domestic delivery: TBD
a. Alibi Brewing warrants the Goods in respect of defect or damage or deterioration for a period of five (5) business days from the date of delivery; fair wear and tear and damage beyond Alibi Brewing’s control excepted but such warranty shall not apply: to defects or shortages which would be apparent on delivery unless a written claim is received by Alibi Brewing within three (3) business days from delivery; to any Goods which have been incorrectly or negligently handled or stored; to any Goods which has been modified in any way; to any Goods which have been sold by Alibi Brewing as seconds, downgrades, or otherwise outside the standard specification for those Goods.
b. Except for the warranty in clause 6.a, all warranties, descriptions, representations or conditions whether implied by the Consumer Guarantees Act 1991 or otherwise are expressly excluded to the fullest extent permitted by law.
c. Under section 41(2) and 43A Consumer Guarantees Act 1991, as appropriate, Tantalus and you contract out of that Act.
d. In any event, the total liability of Alibi Brewing whether in tort (including negligence), contract or otherwise for any loss, damage or injury arising directly or indirectly from any defect or damage in or non-compliance of any Goods or any other breach of Alibi Brewing’s obligations shall in any case be limited at the Alibi Brewing’s option, except where statute expressly requires otherwise, to either the replacement of Goods complained of, or the refund of the purchase price (provided that if Alibi Brewing is no longer producing the identical Goods at the time of the claim, it may replace the Goods with the closest equivalent then being produced).
e. While Alibi Brewing will make every effort to ensure the accuracy of any advice, recommendation, information, assistance or service provided by Alibi Brewing in relation to the Goods supplied by Alibi Brewing, Alibi Brewing does not accept liability or responsibility in respect thereof.
f. You will familiarise yourself with the current literature produced by Alibi Brewing.
g. Alibi Brewing will have no liability either in contract or in tort for any loss suffered by you or any third party claiming through you for which Alibi Brewing has not accepted in writing.
h. Alibi Brewing makes no representations or warranties outside of the terms of this clause in respect of the Goods supplied by it to you unless such representation or warranty is made by Alibi Brewing in writing to you.
7. Cancellation policy
Orders will be processed once payment has been made. Once payment confirmation has been received the order cannot be changed or cancelled.
8. Other rights of company
In the event that: any amounts payable by you to Tantalus is overdue, or you fail to meet any other obligation to Alibi Brewing (whether in relation to the sale of Goods or otherwise), or in Alibi Brewing’s opinion you are likely to be unable to meet your payment or other obligations to Alibi Brewing; or you become insolvent, have a receiver appointed in respect of all or some of your assets, makes or are likely to make an arrangement with your creditors or have a liquidator (provisional or otherwise) appointed or are placed under statutory or official management; or the ownership or effective control of you is transferred or the nature or your business is materially altered; Alibi Brewing shall be entitled to cancel all or part of any contract or contracts with you which remain unperformed, in addition to and without prejudice to its other remedies; and All amounts outstanding by you under any contract with Alibi Brewing shall whether or not due for payment, immediately become due and payable; and Alibi Brewing shall be entitled to reclaim any Goods in your possession or control and to dispose of them for its own benefit and for that purpose Alibi Brewing shall be entitled, without notice to enter directly or by its agents on any premises where it believes Goods which it has supplied may be stored, without in any way being liable to any person.
10. Force majeure and delay
a. Alibi Brewing shall not be liable for any delay in performing its obligations under this agreement to you caused in whole or in part by force majeure which shall include (but not limited to) an act of God, natural disasters, strikes, lockouts, fire, war suit, civil commotion, inability to obtain Goods or supplies including the imposition of any export or import bans or any other cause beyond the reasonable control of Alibi Brewing. b. Any time or date given by Alibi Brewing for delivery or uplifting of Goods is intended only as an estimate and Alibi Brewing shall not be liable for the consequences of delay however arising and you acknowledges that Alibi Brewing will not accept any claims or losses arising from its failure to meet the delivery date (if any).
11. Your Covenants and warranties
a. You agree that you shall: Not undertake or perform any act or omission which brings or is reasonably likely to bring the Company and/or the manufacturer and/or the supplier of the Goods, or the Goods themselves into disrepute, and without limitation, shall not cause or allow any of its employees, agents, contractors, shareholders, principals, officers or directors to engage in any activity, conduct or otherwise that shall or may prejudicially affect the reputation or goodwill of Alibi Brewing or its business. Not in New Zealand engage is any misleading or deceptive trade or any other conduct or act which breaches or may breach the provisions of the Fair Trading Act 1986 or in any place in the world engage in other unfair, misleading, deceptive or unsafe practice and shall conduct business in a manner that reflects favourably at all times on the Goods and the Goods name, goodwill and reputation of Alibi Brewing and/or the manufacturer and/or supplier and/or the Goods. Not make representations, warranties or guarantees to customers with respect to the Goods that are inconsistent with statements, information and certificates provided by Alibi Brewing. Promptly submit to Alibi Brewing complaints relating to the Goods together with all the available evidence and other information relating to those complaints. Ensure that the Goods and any end product which may incorporate or otherwise process the Goods are at all times supplied in accordance with all relevant legislation in the country in which the Goods are supplied.
b. The parties acknowledge the paramount importance of protecting the health and welfare of the public and the goodwill associated with the Goods supplied under these Terms. In this regard Alibi Brewing has the right to recall the Goods if Tantalus reasonably considers that health or safety of any person is at risk . If such recall is caused by breach of any of these Terms by you, then the costs of such recall shall be borne by you, otherwise such costs shall be met by Alibi Brewing. c. You shall: Maintain up-to-date and accurate records of sales including purchaser and destination of the Goods to assist with the immediate recall of any Goods; and If there is a recall of goods: The parties shall cooperate fully and assist each other with the recall; Shall provide each other with any information that is relevant in respect of the recall; and Co-operate in taking all reasonable steps to minimise damage to the parties goodwill and reputation in their intellectual property. Not utilise Intellectual Property owned by Alibi Brewing or in which Alibi Brewing has rights for any other purpose than authorised by Tantalus or utilise Goods in which Alibi Brewing’s Intellectual Property resides in any fashion not consented to by Alibi Brewing.
12. Limitation of warranty / liability
a. You acknowledge that if you acquire the Goods for your own business use or supplies them to the other persons for business use and all guarantees and remedies in the Consumer Guarantees Act 1993 are excluded. You further agree that the conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or implied by the common law will not apply and are expressly excluded from these Terms.
b. You acknowledge that you must rely upon your own judgment as to the nature, quality and condition of the Goods supplied by Alibi Brewing and as to their sufficiency for any use or purpose and you acknowledge that Alibi Brewing is under no duty to ascertain the suitability of the Goods for any purpose whatsoever and that no such representation has been made by Alibi Brewing.
c. Except for any express written warranty in these Terms or otherwise provided to you, Alibi Brewing provides no other warranty, expressed or implied, including any implied warranty of merchantability or fitness for purpose or otherwise and any warranties expressed or implied by law or statue, in respect of the Goods whether in respect of quality, fitness for intended purpose or otherwise, are excluded to the extent that such law or statutes permits exclusion.
d. The parties acknowledge and agree that in no event will Alibi Brewing of its officers, principals, employees, contractors or agents have any liability to you arising out of or in connection with these Terms or the use or performance of any Goods and without limiting the foregoing, the parties agree that Alibi Brewing shall not in any case whatsoever be liable for: Any special, incidental, indirect, punitive or consequential damages, loss of profit, revenue, goodwill, use or the costs of procuring substitute goods Damages exceeding, in the aggregate, the value of the particular order. Damages in respect of any claim made: More than six months from the date you become aware of the circumstances leading to that claim; or More than 12 months after the relevant cause of action arises.
a. You indemnify Alibi Brewing from and against all liabilities, expenses, losses, damages and cost (including legal costs on a full indemnity basis whether incurred by or awarded against a party) including those associated with any third party claim, and whether arising under contract, tort (including negligence) or otherwise shall Alibi Brewing or its directors, principals, employees, contractors or agents sustains or incurs (directly or indirectly) arising out of or resulting from: Any breach of these Terms by you; Any contravention of applicable laws or regulations by you, including export and import control laws; Any claim by any third party arising from any act or omission of you in connection with these Terms (whether negligent or not), including: Your use, marketing, distribution or other activities by you under these terms or otherwise in relation to the Goods, or Any misrepresentations, warranty or agreement, express or implied by you with respect to Alibi Brewing, the supplier or the manufacturer of or the Goods;
b. Without limiting other clauses, any negligent, wilful, reckless or unlawful act or omission of, or intentional misconduct by you in connection with these Terms; or c. Any claim by you, to the extent that such claim is beyond the scope of Alibi Brewing’s liability to you under these Terms.