Terms and Conditions

 

 

SUBSCRIPTION 

All Beer Barista subscription members must sign up to our database and have a valid NZ address and credit/debit card. 

You can change your subscription at any time. 

Subscriptions are annual. You may cancel at any time, but there may be charges for cancelling in the 1st year. 

The cut-off time for changes to your subscription (skips, cancellations, brew bag selection and address change) is 1 week before the set dispatch date.  

We reserve the right to terminate your subscription at our reasonable discretion at any time and without giving any reasons for our decision. 

PAYMENT 

Payment is billed monthly *every 28 days. 

You can only skip one brew bag annually. 

Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew each month without notice until you cancel. You authorise us to store your payment method(s) and to automatically charge your payment method(s) every 7 weeks, and upon any renewal, until you cancel. 

You will be billed every 7 weeks. 

Payment must be by credit or debit card. We accept Visa, MasterCard, American Express Cards and PayPal. 

(a) Beer Barista does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details. 
(b) All online debit/credit card transactions performed on the Beer Barista website are through secured payment gateways. We currently use the NAB, Adyen and PayPal payment gateways for our online payment transactions. 
(c) Complete debit/credit card details cannot be viewed by Beer Barista or any outside party. 
(d) Payments will appear on your bank statement as “BeerBarista” in your PayPal account. 
 
Failed payments 
(a) Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes. 
(b) If we are unable to debit your payment method your Product may still be dispatched and the sale will be deemed to have occurred. 
(c) In such instances Beer Barista will re-attempt the payment process. We reserve the right to re-attempt payment on the nominated payment method to recover any outstanding amounts. 
(d) In the event that payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party. 
(e) We reserve the right to suspend or terminate future deliveries when payments are outstanding. 
 
Extra fees 
(a) If you fail to settle outstanding amounts within ten days of the order cut-off date a late payment fee may apply. 
 
Debt collection 
(a) You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments. 
(b) If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral. 
 
Suspected fraud accounts 
(a) We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred. 
(b) We reserve the right to terminate your order or accounts following the investigation. 

DELIVERY 

We will deliver unless you tell us not to. 

Delivery is every 7 weeks with 2 brew packs per delivery. (13 packs per year). 

You must live in our delivery area to order. 

Please take care when specifying your delivery address as refunds will not be given if you enter an address incorrectly. 

Delivery windows vary by location. If you will not be home please make an alternative arrangement and leave specific delivery instructions on the checkout page for our drivers to follow. 

Ownership of the products will transfer to you once we have delivered in accordance with your delivery instructions. 

We cannot commit to a smaller delivery window. We will try to accommodate, but cannot guarantee special requests. 

We only deliver to addresses within the Service Areas. Depending on the location or the time of the delivery a fee may apply. This will be communicated at the point that you place your initial Order. 
 
If we implement a delivery fee for an existing Service we will advise you 14 days before the fee becomes effective so that you will have the opportunity to cancel any future orders before the fee is effective. 
 
During the ordering process, you must select a date/delivery window for us to deliver the Order to you. You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil an Order. 
 
We will aim to deliver during the window that you select. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible. 
 
We will deliver the Products to the front door of your nominated delivery address (Delivery Address). You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address. 
 
We may require the person accepting the delivery of the Products to provide us with proof of that person's identity (including photographic identification) and, where relevant, age. 
 
Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or which you fail to supply. 
 
If you will not be at home at the expected delivery time, we recommend you nominate a cool safe place for delivery of the Products. If you do not provide a specific place for delivery, we will leave the Products at your front door. If you advise us of any specific delivery instructions in an Order, we will endeavour to comply with these instructions to the extent reasonably within our control. 
 
You will be responsible for an Order from the time we deliver the Products in accordance with your instructions. We accept no liability or responsibility for any Product once the Product has been delivered to you. 
 
You understand that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason. 

CUSTOMISATION 

Brew bag selection is until stocks last. If the one you selected runs out of stock, we have the right to deliver you an alternative one. (Although we will do our very best to ensure you always get what you desire). 

You may select 2 brew bags for every second month delivery.  

SERVICE 

Beer Barista will only ship purchases to people residing in New Zealand. We do not accept orders from individuals outside of New Zealand. Customers must provide a valid email address, address and credit card for all orders accepted online. We do not accept orders by phone. 

By placing an order through the Beer Barista website, you accept that: 
- you are legally capable of entering into binding contracts; and 
- you are at least 18 years old; and 
- you are resident in New Zealand 

CONTRACT 

After completing the subscription or order process on the Site, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that an Order has been accepted. 

ACCEPTANCE OR REJECTION OF AN ORDER 

We reserve the right to accept or reject an order for any reason, including if the requested product or service is not available or if there is an error. 

If we reject an Order, we will endeavour to notify you of that rejection. 
 
You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order. 
 
If we refuse an Order on or prior to delivery but after our relevant weekly order cut-off, a full refund, less any discounts, will be made within 10 Business Days. 

OUR REFUNDS POLICY 

If you have cancelled an Order in accordance with clause 7.5, we will process any refund due to you within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the Product to us. 
 
Our Products come with guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act 1993 (the CGA). If you consider that any Products sent to you are damaged, or defective or fail to comply with any guarantees in the CGA, you can notify us and we will examine the received digital or physical evidence of the defective Product and will notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund. 
 
If you seek a refund for any other reason, please contact us via our website at www.beerbarista.com and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund. 
 
We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 
 
Please take care when specifying your delivery address as refunds will not be provided for if you enter an address incorrectly. 

VOUCHERS AND GIFT CARDS 

We may offer discount promotions and other types of vouchers (Voucher) which require activation by email application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. These Terms and Conditions will become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence. 
 
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Voucher is only valid on the Holder’s first Product purchase. Only one Voucher is allowed to be applied per order. A Voucher may not be used in conjunction with any other offer or credit, vouchers are always applied to an order before any credits in a customers account. 
 
We reserve the right to withdraw or cancel any Voucher (other than a paid up-front gift card) for any reason at any time. 
 
Vouchers may only be redeemed through the Site and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher. 
 
Any credits or discounts attached to vouchers apply to the price of the products order only and not to delivery charges (unless otherwise specified) or any surcharge meals. 
 
Vouchers and Customer credits deriving from any Customer referral program are not valid if used inappropriately, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes and delete credits from the sharer’s account if we become aware of inappropriate use. 

INTELLECTUAL PROPERTY RIGHTS 

We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved. 

FORCE MAJEURE EVENTS 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event). 
 
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 
(a) strikes, lock-outs or other industrial action; 
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 
(e) impossibility of the use of public or private telecommunications networks; 
(f) epidemic, pandemic or other health emergency (whether declared or not); and 
(g) the acts, decrees, legislation, regulations or restrictions of any government. 
 
Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event. 

GENERAL 

These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications. 
 
The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership. 
 
Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. 
 
Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions. 
 
If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected. 
 
These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand. 

COMPETITIONS (SOCIAL MEDIA) 

By participating in any competition or giveaway advertised by Beer Barista on its Facebook page and/or other social media channels (the “Competition”), you confirm that you accept and agree to these competition terms. 
 
Unless otherwise stated, the Competition is only open to active Beer Barista customers. All Competitions are open to New Zealand residents only. 
 
Entrants must follow the instructions on the Competition Facebook post and/or other Social Media channel to enter this competition. 

Beer Barista will endeavour to notify each prize winners via social media, email, text or phone. However, if the winner cannot be reached within five working days, we may redraw a new prize winner without liability to any person. Beer Barista reserves the right to contact the selected winners by other means. 

The winner(s) will be drawn as specified by the Facebook Competition post and/or other Social Media channel. The prize winner(s) will receive the prize that is advertised on either the Facebook Competition post, the Facebook Competition photo and/or other Social Media channel. 

The winner acknowledges that redemption of some prizes may require the winner to be at least 18 years of age or have parental/ guardian consent. We will let you know on our Facebook Competition post and/or other Social Media channel. 
 
Entering the competition constitutes a winner’s consent for their content to be shared on our channels.