Terms of Use

Effective date: 25 January 2019

Welcome to our website! Please take the time to read this page in full before using the website.

These terms of use (Terms of Use) apply to this website (Website) which is operated by WilliamsWarn NZ Limited (NZBN 9429034306338 ABN 23 239 493 389) (WilliamsWarn, we, us and our). By using the Website you are deemed to have read and agree to be bound by these Terms of Use and our Privacy Policy (which is located underneath these Terms of Use).  In addition, if you obtain any products or services from us (Goods) you are deemed to have read and agree to be bound by the additional terms located underneath the Privacy Policy which are titled “Terms of Purchase” (Terms of Purchase).

If you do not accept these Terms of Use and our Privacy Policy you must stop` using and leave the Website immediately. If you do not accept the Terms of Purchase applicable at the time of placing your order for Goods you should not purchase any Goods from us and you are not permitted to use any of the Goods you purchase.  You are not entitled to a refund of any Goods purchased that you are not permitted to use so please ensure you read and agree with the Terms of Purchase before you purchase any Goods from us.  To the extent possible, any reference to us in these Terms of Use, the Privacy Policy and our Terms of Purchase (together the Whole Agreement) are deemed to include our successors and assigns, employees, contractors, agents, related entities and authorised suppliers.

1           Information we collect

1.1       When you access our Website we automatically record information about your usage of the Website (including but not limited to the IP address of your machine, the domain name from which you are accessing the Internet, the operating system and browser your computer uses, the search engine you are using, the date and time of your visit and the URLs of the pages you visit, as well as any other information you may provide in the course of accessing the Website) through the use of cookies and forms.  If you don’t want us to retain this type of information, you can remove all cookies through your internet browser preferences, set your browser not to accept cookies in the future and don’t complete any forms with your information.  For more information about cookies please see section 2 below.

1.2       We do not collect information about you where your identity is apparent or can reasonably be ascertained from the information (Personal Information) such as your name, address or phone number without your knowledge unless it is submitted to us (for example, if you email us).  If we collect any Personal Information from or about you, we will deal with that Personal Information in accordance with our Privacy Policy.

2           Cookies

2.1       We place cookies on your machine. Cookies are alphanumeric identifiers which are transferred to your computer’s hard drive through your web browser to enable our Website to recognise you whenever you access the Website and therefore better personalise your access of the Website. Cookies do not identify you personally but it does identify your computer.

2.2       The help portion of your browser’s toolbar should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

2.3       If you do not allow the use of cookies or do not wish to provide certain information to us you may not be able to take full advantage of this Website and the range of Goods offered by us.

2.4       Third party vendors, including Google, use cookies to serve ads based on your prior visits to this Website. You have the option to opt out of Google’s use of cookies by visiting the Google advertising opt-out page. http://www.google.com/privacy_ads.html.  Alternatively you can opt out of cookies by visiting the Network Advertising Initiative opt out page. http://www.networkadvertising.org/managing/opt_out.asp.  

3           Analysing site usage

3.1       We may use and publish non-personal aggregate statistics and group data about people who access this Website and their usage of the Website.

3.2       Subject to the further terms of our Privacy Policy, we will not share or make public information about you without your prior permission.

3.3       We may use a third-party service to measure and analyse usage across the Website (Analytic Provider). Analytic Providers collect and collate aggregate information and not Personal Information which is then provided to us to assist with our analysis of Website usage.  Data generated Analytic Providers may also be accessible by third parties.

4           Intellectual Property

4.1       Unless otherwise stated, we are the owner or licencee of all copyright, trademarks and other intellectual property rights relating to this Website and its contents. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and software that are included in this Website. Our ownership of, or licenced right to use, such intellectual property, is protected by both New Zealand and international law.

5           License

5.1       We grant you a limited licence (Licence) for the purpose of accessing and making use of this Website.

5.2       Any contravention by you of these Terms of Use or any other terms posted on this Website or notified to you by us which are intended to govern your use of this Website terminates the Licence immediately.

5.3       Under no circumstances, without our prior written approval, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this Website other than in accordance with the Licence.

5.4       You may not:

a.     use any data gathering and extraction tools or software to extract information from this Website;

b.     frame or utilize framing techniques to enclose any of the contents of this website without our express prior permission; or

c.     use any meta tags or other hidden text which incorporate our name or any of our intellectual property including trademarks, without our express prior permission.

5.5       Using any information or content included on this Website other than in accordance with the terms of the Licence is strictly prohibited.

5.6       You agree to fully indemnify us for any loss or damage we may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, as a result of your breach of the Licence, including in respect of any third-party claims against us. 

5.7       Notwithstanding the above you may print out one copy of any page on this Website for personal non-economic use only.

6           Proprietary Notices

6.1       In the event that you are granted permission by us to use this Website or any portion of it or its content other than as provided for by the Licence, subject to any contrary agreement you reach with us you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.

7           Accessing the Website

7.1       You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own machine.

7.2       We do not accept responsibility for any interference or damage to your machine which may arise in connection with your use of this Website or any other websites that we provide links to (Other Websites).

8           Links to other websites

8.1       We may provide links to Other Websites.

8.2       Other Websites are not under our control and we do not accept responsibility for the contents or operators of Other Websites.

8.3       Other Websites are not subject to these terms of use or our Privacy Policy so before you utilise Other Websites we recommend you first read their terms of use, privacy policy and any other relevant agreements and policies.

9           Linking to this website

9.1       If you provide a link to this Website you agree that you will not use any of our intellectual property (including logos, trademarks or other proprietary graphics) as part of such link without our express prior written approval.

10         Effective date of and changes to these terms of use

10.1     These Terms of Use apply from the effective date stated above.

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

10.3     By continuing to use the Website after the Terms of Use have been amended you are agreeing to the amended Terms of Use.

11         Disclaimer

11.1     We endeavor to ensure that information on the Website is free from error and up to date, but we do not warrant the accuracy, adequacy or completeness of the information or that such information is error free.  

11.2     Information on the Website is subject to change without notice.

11.3     All implied terms, conditions, warranties and guarantees, except those which by law cannot be excluded or modified, are expressly excluded.

11.4     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.

11.5     To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and we become liable for any loss or damage that would otherwise have been excluded, our maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the website is to be limited to $50 in New Zealand currency.

12         Jurisdiction

12.1     The Whole Agreement 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.

13         General

13.1     Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of the right or provision and the exercise of any waiver available to us under these Terms of Use on one occasion does not constitute a waiver of that right on any other occasion.

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

13.3     Your rights and obligations under the Terms of Use 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.

13.4     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.

13.5     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 this Agreement.

13.6     No term of the Whole Agreement is to be construed to the disadvantage of a party because that party was responsible for its preparation.

14         Indemnity

14.1     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.

15         Further Information on website usage

15.1     If you would like more information on these Terms of Use, please contact support@williamswarn.com.

 

 

Privacy Policy

Effective date: 15 January 2019

This Privacy Policy (Privacy Policy) applies to your use of this website (Website) which is operated by WilliamsWarn NZ Limited (NZBN 9429034306338 ABN 23 239 493 389) (WilliamsWarn, we, us and our) and explains how we collect, hold, use and disclose information about individuals whose identity is apparent, or can reasonably be ascertained, from the information (“Personal Information”).  By using the Website you are deemed to have read and agree to be bound by this Privacy Policy and our Terms of Use which are located above this Privacy Policy.  In addition, if you purchase any products or services (Goods) from us you are deemed to have read and agree to be bound by the additional terms located underneath this Privacy Policy which are titled “Terms of Purchase” (Terms of Purchase).  If you do not accept this Privacy Policy and our Terms of Use you must stop using and leave the Website immediately.  If you do not accept the Terms of Purchase applicable at the time of placing your order for Goods you should not purchase any Goods from us and you are not permitted to use any of the Goods you purchase.  You are not entitled to a refund of any Goods purchased that you are not permitted to use so please ensure you read and agree with the Terms of Purchase before you purchase any Goods from us. To the extent possible, any reference to us in this Privacy Policy, the Terms of Use, and our Terms of Purchase (together the Whole Agreement) is deemed to include our successors and assigns, employees, contractors, agents and related entities.

We are committed to dealing with your Personal Information in a responsible manner. With that in mind, we have established and implemented information handling practices that we believe are consistent with the highest standards and best practices of organizations doing business on the Internet.

By requesting any of our Goods, visiting our website, entering any of our contests, expressing an opinion to us, participating in one of our online forums or communities (Goods and Services) or otherwise providing us with your Personal Information, you are agreeing to us dealing with your Personal Information in accordance with this Privacy Policy. If you have any questions or concerns about our Privacy Policy or its implementation you may contact us on the details set out in section 5 below.

  1. Types of Personal Information we collect and hold

    You are not required to provide any Personal Information to us, but if we ask for Personal Information from you and you do not provide it to us we may not be able to provide you with some or all of our Goods and Services. If you request our Goods and Services we may collect Personal Information about you including without limitation:

    a. personal details such as your name, date of birth and gender;

    b. contact details such as your address, e-mail address, telephone number and fax number;

    c. usage details such as information about your interests in and use of our Goods and Services;

    d. vocational details such as where you work and your job title; and

    e. support calls, enquiries and complaints made by you.

  2. How Personal Information is collected

We collect Personal Information from a variety of sources including without limitation forms, Website interactions, surveys, emails, telephone conversations and in person.  We usually collect Personal Information directly from the individual concerned or their authorised representative, however we may also collect Personal Information about an individual from third parties who provide us with Personal Information, or a publicly available source.

  1. How Personal Information is held

We will take reasonable steps to ensure that the Personal Information we hold about you is kept secure, accurate and up to date. 

We take appropriate measures to safeguard against unauthorised uses and disclosures of Personal Information. However, in the event of any unauthorised use or disclosure of your Personal Information beyond our control, we will not have any liability to you or any other person for any consequences which arise from that unauthorised use or disclosure of your Personal Information.

To assist in preventing unauthorized use or disclosure of your Personal Information you must maintain the confidentiality of any login information and passwords applicable to your use of our Products and Services.

  1. Purposes for which we collect, hold, use and disclose Personal Information

We may collect, hold, use and disclose Personal Information:

a. for the primary purpose for which it was collected;

b. for other purposes which are related to the primary purpose of collection, for example, to debt collection and credit reference agencies, to improve our Website, to make our advertising

c. ore relevant to you and to offer you other products that we believe may be of interest to you;

d. for other purposes with your consent;

e. to protect our rights or property and enforce our agreements with you; and if required by or authorised under a law or a court or tribunal order, for example, in response to a court order, subpoena, or law enforcement agency’s request.

We may also combine Personal Information we receive with outside records to enhance our ability to market to you those Products and Services that may be of interest to you.

  1. Access and Correction of Personal Information

You may request access to and correction of Personal Information we hold about you by contacting our office by email at support@williamswarn.com or by writing to  us at WilliamsWarn, C/- Andrews & Holm Lawyers, P.O. Box 66, QVB, Sydney, NSW 1230, Australia or P.O. Box 2275, Stortford Lodge, Hastings 4120, New Zealand.  We will use our best endeavours to respond to your request within 30 days of receiving it.  Subject to applicable legislation, we may be entitled to charge you for the reasonable costs of retrieving, providing and correcting Personal Information.

  1. Complaints about the way we handle Personal Information

If you have any complaints about the way we deal with your Personal Information, you may make a complaint in writing to the details identified in clause 5 above.  We take complaints of this nature seriously and will use our best endeavours to respond to your complaint within 30 days of receiving it.

  1. Overseas disclosures of Personal Information

It is unlikely that we will disclose your Personal Information to any overseas recipients without your express consent.

  1. Effective date of and changes to this Privacy Policy

This Privacy Policy applies from the effective date stated above.  We may change this Privacy Policy at any time without notice to you, so we encourage you to review this Privacy Policy each time you use the Website.  Notification of any changes will be advised by posting an updated version of this Privacy Policy to the Website or sending the new Privacy Policy to you and the changes will apply from the date of publication of the revised Privacy Policy.

  1. Further information on Privacy

If you would like more information on this Privacy Policy please contact us on the details identified in clause 5 above, and if you would like more information on privacy issues generally and the way in which privacy is protected in New Zealand, you can consult to Office of the Privacy Commissioner at https://www.privacy.org.nz/ or in Australia, you can consult the website of the Office of the Australian Information Commissioner at http://www.oaic.gov.au/.

 

Terms of Purchase

Effective date: 25 January 2019

These terms of purchase (Terms of Purchase) apply to your purchase and use of goods and services (Goods) that WilliamsWarn NZ Limited (NZBN 9429034306338 ABN 23 239 493 389) (WilliamsWarn, we, us and our) offers.  If you choose to purchase Goods from us you are deemed to have read and agree to be bound by these Terms of Purchase and any other terms that we provide to you separately.  If you do not accept the Terms of Purchase applicable at the time of placing your order for Goods you should not purchase any Goods from us and you are not permitted to use any of the Goods that you purchase.  You are not entitled to a refund of any Goods purchased that you are not permitted to use so please ensure you read and agree with the Terms of Purchase before you purchase any Goods from us.  We recommend you print our or save a copy of the Terms of Purchase applicable at the time of placing your Order.  To the extent possible, any reference to us in these Terms of Purchase, the Privacy Policy and our Terms of Use (together the Whole Agreement) are deemed to include our successors and assigns, employees, contractors, agents related entities and authorised suppliers.

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 support@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 support@williamswarn.com.

 

Safety Warning!

Always use safety glasses when operating the Counter-Pressure Bottler (bottling device), never exceed maximum bottling pressure of 20 PSI (1.4 Bar) and only use high quality glass capable of handling at least the maximum pressure.

WilliamsWarn does not accept any liability for injury or damage when operating without safety glasses, at pressures exceeding the maximum bottling pressure, with substandard quality glass or after any modifications have been made to the bottling device.