Terms of service

1           Terms of Purchase.

1.1       We may amend these Terms of Purchase at any time by publishing the amended terms on our Website or sending the new terms directly to you.

1.2       By purchasing Goods after the Terms of Purchase have been amended you are agreeing to the amended Terms of Purchase.  Accordingly, you should check the Terms of Purchase each time before you purchase Goods to ensure that you agree to the Terms of Purchase.

2           Ordering

2.1       You may only order Goods through this Website in the manner specified on the Website (Order).

2.2       You must be over the age of 18 and otherwise have capacity to enter into a legally binding contract with us to place an Order.  If you are not over the age of 18 or lack capacity to enter into a legally binding contract with us you are not allowed to place an Order. 

2.3       To enable us to fulfil your Order, you must provide us with all information we request from you.

2.4       We may refuse to fulfil your Order in our sole discretion and without the need to provide a reason.

2.5       Although we aim to ensure that the prices and description of the Goods contained on the Website are accurate, we reserve the right to amend any inaccuracies in pricing and descriptions at any time. If the changes are detrimental to you and we have not yet fulfilled your order, you may cancel you order by giving us notice.

2.6       If you place an Order for delivery to a territory outside of New Zealand or Australia (Other Jurisdiction), it is your responsibility to determine whether the Goods you Order satisfy the laws of the Other Jurisdiction, and if you place such an Order you warrant to us that the Goods do satisfy the laws of the Other Jurisdiction.  If the Goods do not satisfy the laws of the Other Jurisdiction, you may not order Goods from us.

2.7       If you are Ordering Goods on behalf of a corporate entity, you warrant that you have authority to bind the corporate entity to the Whole Agreement. 

3           Payment

3.1       You must pay us the prices specified for the Goods (including taxes and duties) and any shipping or delivery (Price) at the time of placing your Order unless otherwise specified.

3.2       You must supply valid payment details when you place your Order.  By submitting an Order you authorise us to debit the Price from your credit card or other payment method.  Your authorisation may not be withdrawn until the Price has been paid in full.

3.3       If we extend credit to you and you fail to make a payment when due we may charge you interest on the unpaid amount at the rate of 10% per annum calculated daily from the date that the payment was due until it is paid.

3.4       You agree to pay us for any costs incurred by us (including legal costs on a full indemnity basis and debt collection costs) in connection with your breach of any of the terms of the Whole Agreement.

4           Delivery

4.1       We may accept Orders originating from any location but we will only arrange delivery of the Goods to locations in New Zealand and Australia.  Orders may only be delivered to business or residential addresses.

4.2       If you want Goods to be delivered to any territory outside of New Zealand or Australia you must organise and pay for your own shipping from our premises (currently located at Hastings, New Zealand for brewing equipment and Auckland, New Zealand for brewing consumables) to your location, as well as any applicable taxes, duties and import costs.  Please contact us if you wish to arrange delivery to a location outside of New Zealand or Australia.

4.3       All Orders for delivery within New Zealand and Australia which we fulfil will be couriered using our freight forwarding company.  If the Price for an Order is equal to or greater than $250 (in the relevant currency) it will have to be signed for upon delivery.  If someone is not present to sign for the delivery the courier will leave a card with details on how to obtain your Goods and you will have to collect the Goods in accordance with the instructions at your own cost.  We will use reasonable efforts to ensure Orders are delivered within 3 business days.

4.4       If the Goods we deliver to you do not match the Goods that you Ordered we will replace the incorrect Goods with the Goods that your Ordered provided we have the Goods in stock and the Goods you return are not damaged or used and are still in their original packaging.  If we do not have the Goods you ordered in stock we will offer to provide you with comparable Goods to the original Goods you ordered and if you do not wish to accept the replacement goods you can elect to be refunded for the Price of the incorrectly delivered Goods.  When returning such Goods to us you must provide us with proof of purchase and an explanation as to why you are returning the Goods.  If any Goods returned in accordance with this clause have been damaged or used or are not returned in their original packaging you are not entitled to a refund.  Despite the foregoing we are not responsible or liable for minor differences in appearance of Goods between how they appear on your machine and how they appear in material form.  Please read the descriptions carefully before placing an Order to avoid the possibility of confusion.

4.5       We do not offer refunds or exchanges for Goods if you no longer want them or would like a different product instead, so please choose carefully before placing an Order.

5           Cancellation of Booking

5.1       You may not cancel an Order after it has been submitted through the Website.

5.2       We may cancel an Order in our sole discretion and without the need to provide a reason.

5.3       If we cancel your Order:

a.     we will provide notice to you;

b.     we will refund you the Price you paid for the Order unless the cancellation is due to your failure to comply with the terms of the Whole Agreement in which case we may not refund the Price; and

c.     neither us or you will be under any further obligation to each other arising out of the Order or our cancellation of the Order.

6           Use of Goods

6.1       You must:

a.     use the Goods solely in accordance with all written instructions provided by us or our suppliers with the Goods or online through our Website and other directions that we advise you of and at all times in accordance with the requirements of applicable laws and regulations;

b.     use all necessary skill and care in handling and using the Goods;

c.     not alter the branding or mechanical operation of the Goods; and

d.     not use the Goods for any purpose for which they are not suitable

(together, the Use Requirements).

6.2       To the fullest extent permitted by law, we will not be liable to you under any warranty or otherwise for any:

a.     use of the Goods not in accordance with the Use Requirements;

b.     fault, failure or malfunction due to any accident, abuse or misuse of the Goods or damage caused by you or normal wear and tear;

c.     failure to perform required preventive maintenance, any servicing not authorised by us, or any attempt by any person other than our personnel or any person authorised by us, to adjust, repair or support the Goods or problems caused by use of parts and components not supplied by us;

d.     problems with electrical power or any similar occurrence affecting the Goods.

6.3       The Goods are intended for your use only and you may not resell, lease, licence or otherwise transfer Goods to any other person, except for a genuine second-hand sale of Goods which you have used and no longer require.

7           Title and Risk

7.1       Title will pass to you once payment of the Price has been received in cleared funds by us.

7.2       For Orders being delivered to New Zealand or Australia, risk in the Goods will pass to you upon delivery of the Goods.

7.3       For Orders seeking delivery to Other Jurisdictions, risk will pass to you when the Goods are collected from our premises by you or your freight agent.

8           Registration and eligibility

8.1       If you establish an account with us through our Website or by any other method (Account), you warrant that all information provided is true and correct and that you will update your information to ensure it is kept current at all times.

8.2       If you are registering an Account on behalf of a corporate entity, you warrant that you have authority to bind the corporate entity to the Whole Agreement. 

8.3       We may refuse your Account registration in our sole discretion without the need to provide a reason.

8.4       It is your responsibility to ensure that you keep your Account access information, including username and password, confidential and secure at all times.  You must not permit any other person to use your Account access information.  If you suspect that any other person has accessed your Account you must notify us in writing immediately. 

8.5       Your Account is unique to you and is not transferable.  You are fully responsible for all activities that occur through your Account even if the activities are carried out by someone else.

8.6       We may suspend or cancel your Account at any time in our sole discretion without the need to provide a reason.

9           Warranty and Defective Goods

9.1       The warranty in this section is in addition to any statutory rights you may have.  In Australia, our Goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

9.2       We provide a one-year warranty on BrewKeg and Kegerators parts and accessories.

9.3       We provide the following warranties (Specific Warranties) in connection with the BrewMaster™ Personal Brewery™ (Personal Brewery)

a.     structural parts (i.e. the brewing vessel, lid and supporting structure) will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date; and

b.     fittings and values under pressure that deliver beer, CO2 and clarification agents and the heating and cooling components (i.e. compressor, condenser, evaporator, element assembly and glycol pump but excluding any of the  consumables referred to below) will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date.

9.4       No Specific Warranty is given for any consumable parts of the Personal Brewery, such as Lid O-ring seals, sediment bottle O-ring seal and sediment bottles.  If the Goods that are delivered to you are faulty or defective in breach of any Specific Warranty (in the case of the Personal Brewery) or applicable New Zealand or Australian consumer legislation we will at your choice upon the return of such Goods, either replace such Goods provided that we have such Goods in stock, provide you with comparable Goods or you can elect to be refunded for the purchase price of the Goods.  If you are returning such Goods to us you must provide us with proof of purchase and an explanation as to why you are returning the Goods and what remedy you are seeking.  If any Goods returned in accordance with this clause have been damaged by you or are not returned in their original packaging you may not be entitled to take full advantage of the remedies provided by this clause.

9.5       We do not provide any warranty if installation needs to be fixed, if you have caused or contributed to the fault or if the damage is caused by pests, unauthorised modification or repairs, use not in accordance with the Use requirements, water damage, act of God, neglect, accident or misuse.

9.6       The warranties in this clause do not limit your rights under applicable New Zealand or Australian consumer legislation.  If you are purchasing Goods and using the Goods for the purposes of a business as defined in the applicable New Zealand or Australian consumer legislation, then you agree that the provisions of the relevant consumer legislation will not apply to your purchase and/or use of the Goods.

10         Shipping returns

10.1     Unless we agree otherwise and subject to any rights you have under applicable consumer legislation, all shipping charges associated with the return of any Goods to us are your responsibility.

11         Notification of problem

11.1     Notwithstanding anything else in the Terms of Purchase we will not be liable for any defect, damage, discrepancy or shortage in the Goods comprising any Order unless you notify us within a reasonable period of time of such issue.  In the event that the Goods have failed to reach the delivery address as specified by you in your Order within 10 days for Orders with a New Zealand or Australian delivery address you should contact us immediately.

12         Direct marketing activities

12.1     By providing your details to us, you agree to:

a.     us sending you messages (including electronic messages such as email, SMS, and MMS) regarding any promotional, marketing and publicity activities that we may offer; and

b.     our selected third-party partners sending you messages (including electronic messages such as email, SMS, and MMS) regarding any promotional, marketing and publicity activities that they may offer.

12.2     You have the right to unsubscribe from receiving any further messages of the kind described in clause 12.1 by:

a.     emailing us at service@williamswarn.com or following the unsubscribe directions in electronic messages received; or

b.     contacting the third party directly (in the case of messages from third party partners).

13         Disclaimer, Limitation on Liability and Indemnity

13.1     We do not guarantee that the Goods will be available at all times, or your use of the Goods will be error free.

13.2     All implied terms, conditions, warranties and guarantees, except those which by law cannot be excluded or modified, are expressly excluded from the Whole Agreement.

13.3     Subject to the terms of any written warranty and the provisions of any legislation dealing with the rights of us to limit our liability (for example, the Competition and Consumer Act 2010 (Cth)), where the Goods are demonstrated to our reasonable satisfaction to be defective, our liability for breach of any express or implied condition, or warranty as to quality, description, fitness for purpose or condition is limited to the following as determined by us in our discretion:

a.     the repair of the Goods; or

b.     the payment of the repair costs for the Goods; or

c.     the replacement of the Goods or equivalent Goods; or

d.     the payment of the replacement cost of the Goods or equivalent Goods; or

e.     the refund of the Price paid for the Goods.

Subject to this clause and to any applicable legislation affecting our rights to limit our liability, we exclude all liability for any direct or indirect loss (including in each case, consequential loss, loss of profits, economic loss, loss of revenues, loss of production or loss of data), damages, expenses or cost suffered or incurred by you in connection with your use of the Goods, howsoever arising, including as a result of breach of contract, tort (including negligence), under an indemnity, under statute, in equity or otherwise.

13.4     To the extent that our acts or omissions are shown to have caused physical injury or death, and that liability is not excluded, our liability is capped to the greater of $50 New Zealand currency or to the insurance proceeds we receive in relation to the injury.

13.5     You acknowledge that you do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in the Whole Agreement.

13.6     When using the Goods you agree to take reasonable care to avoid damage to yourself, other persons and property and follow all of our directions as to use of the Goods.

13.7     You are liable for and indemnify us against any loss, damage or claim arising in connection with any breach by you of any term of the Whole Agreement.

14         Privacy

14.1     We are committed to handling your personal information in accordance with all relevant privacy laws.

14.2     Our contact details are available on our Website.

14.3     We generally collect personal information about you directly from you, but may also collect personal information about you from third parties.  We will collect personal information from you when you interact with our Website and purchase Goods but may also collect personal information from you in other circumstances.

14.4     We use your personal information to provide our Goods and services to you, improve our Goods and services, carry out management and administrative activities, conduct research and to communicate with you.  If all the information requested is not provided, we may not be able to supply our Goods or may not be able to supply our Goods in full.

14.5     Your personal information may be disclosed to our related entities, service providers, contractors, auditors, and debt collectors and credit reporting agencies.  Your personal information may also be disclosed to relevant entities or authorities in order to meet our obligations under the law.

14.6     We have a privacy policy which is accessible through our Website which includes information about how we collect, store, use and disclose your personal information; how you may access the personal information about you that we hold and how you may seek correction of that information; and how you may complain about a breach by us of privacy laws and how we will deal with such a complaint.

14.7     A copy of our privacy policy is available upon request or by visiting our Website.

15         Force Majeure

15.1     To the greatest extent permitted at law we accept no liability for any failure to comply with any term of the Whole Agreement where such failure is due to any act of God (such as fire, flood or earthquake), state of emergency, war, hostilities, commotions, governmental or regional or local authority restraint, legislation or bylaw or decision, strike, industrial action, lockout, difficulty in procuring components or materials, shortage of labour, lack of skilled labour, delays in transit, failure or delays by suppliers or subcontractors, failure, delay or inability to obtain any necessary authorisation, legislative, departmental or other prohibition or restrictions, injunction or threat of injunction or threat of other legal action by any person against us or any other cause whatsoever beyond our reasonable control.

16         General information

16.1     Our failure to exercise or enforce any right or provision of the Whole Agreement does not constitute a waiver of the right or provision and the exercise of any waiver available by us on one occasion does not constitute a waiver of that right on any other occasion.

16.2     If any provision of the Whole Agreement is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from the Whole Agreement and the remaining provisions shall continue in full force.

16.3     Your rights and obligations under the Whole Agreement are personal to you and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.

16.4     The Whole Agreement contains the entire understanding between the parties concerning its subject matter and supersedes, terminates and replaces all prior agreements and communications between the parties. Each party acknowledges that, except as expressly stated, that party has not relied on any representation, warranty or undertaking of any kind made by or on behalf of another party in relation to the subject matter of the Whole Agreement.

16.5     No term of the Whole Agreement is not to be construed to the disadvantage of a party because that party was responsible for its preparation.

16.6     The Whole Agreement, Orders and the provision of Goods to you and our relationship is governed by:

a.     If you are in New Zealand or any jurisdiction other than Australia, the laws in force in New Zealand without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts in New Zealand; and  

b.     If you are in Australia, the laws in force in the State of New South Wales, Australia without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts in the State of New South Wales and any courts having a right of appeal from the courts in the state of New South Wales.

17         Indemnity

17.1     You are liable for and indemnify us against any loss, damage or claim arising in connection with any breach by you of any term of the Whole Agreement.

18         Further Information on Terms of Purchase

18.1     If you would like more information on these Terms of Purchase, please contact us at service@williamswarn.com.