Order before 2pm for delivery to your doorstep within 2 working days. Auckland only.

Ordering Service Terms and Conditions (old)


  1. The Asahi Beverages New Zealand ordering service ('Service') is a service provided by Asahi Beverages New Zealand Ltd (NZBN: 9429039576514) ('us', 'we', 'our') for Asahi Beverages NZ customers ('you'), via the Asahi Beverages NZ website or any replacement website we notify to you from time to time (“Site”).
  2. Your access to and use of the Service is subject to these terms, our website Terms of Use and our Privacy Policy ('Terms;).
  3. We recommend that you carefully read these Terms before you use the Service. If you do not agree to these Terms, you should not use the Service.
  4. These Terms operate in addition to any terms of trade you have agreed with us (for example, when you applied to become a Asahi Beverages NZ account holder or any agreement for the supply of products). Those other terms are incorporated by reference into these Terms. If there is any inconsistency between these Terms and the other terms, the other terms prevail to the extent of the inconsistency.

Changes to these Terms

  1. From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
  2. Without limiting the rights in clause 20 and 21 of these Terms, we may change the Terms at any time by posting the changed Terms on the Site and by emailing a notice to you stating that a change has occurred. Continuing to use the Service after our notice to you will be deemed acceptance of the amended terms and conditions.

Registration

  1. You may not use the Service unless and until you have registered with us as a user of the Service.
  2. When you register, we will give you a username and password to access the Service. You may be asked to change your username and password when you first access the Service and at subsequent intervals.
  3. You are responsible for keeping your username and password secret, and (if you are not an individual) for ensuring that it is only disclosed to your authorised representatives. You are also responsible for all transactions carried out via the Service using your username and password.

Use of the Service

  1. You may use the Service to order Asahi Beverages NZ products from the product list on the Site ('Product List').
  2. We will use reasonable efforts to ensure that we have in stock the products shown in the Product List. However, we do not guarantee the availability of any products, and we will not be liable for any loss, damage or costs incurred by you or any other person if we are unable to provide you with products shown in the Product List.
  3. We will use reasonable efforts to include in the Product List up-to-date pictures of our products. However, at times, the pictures in the Product List may differ from the products actually supplied to you.
  4. Some products may have a minimum order requirement. If so, we will use all reasonable efforts to specify this in the Product List.

Ordering

  1. You are responsible for correctly entering all requested order information. If incorrect information is entered, it may result in you receiving and being liable to pay for unwanted products. If you need to make changes to or cancel your order before it has been delivered, contact us at 

    drinkstrolleyqueries@asahi.co.nz.

     

     

  2. You may be issued with an order confirmation or receipt for orders you place via the Service. Issue of an order confirmation or receipt does not mean that your order has been accepted by us or that we will be able to complete the order in whole or in part. Orders will not be binding on us until we have delivered the order to your nominated address and you have accepted the order by signing the delivery docket.

Acceptance or Rejection of an Order

  1. We reserve the right to accept or reject your order for any reason.
  2. If your order is accepted by us at one of our licensed premises (see clause 18), a separate binding agreement will arise between you and us at the time of acceptance with respect to that order of products. That agreement will incorporate these Terms and any additional offer terms or promotions notified to you, or that you are aware of, at or before acceptance of your order.

Restricted Products

  1. All orders that we accept for liquor products are only accepted, processed and distributed by us from, and are transmitted from, one of our licenced premises. Orders and any acceptance or agreement concerning those orders are subject to our obligations under the various liquor licensing Acts in the jurisdictions in which we operate and our obligations to comply with responsible service of alcohol obligations.
  2. By accepting these terms and conditions and you:
    1. acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol products on behalf of, a person under the age of 18 years; and
    2. warrant that you are over 18 years of age and are not obtaining alcohol on behalf of a person under the age of 18 years.

Pricing

    1. You must pay us the price for the products within 28 business days from the date of our statement to you. The price is exclusive of applicable taxes (including GST) unless expressly stated otherwise. Subject to clause 21, we may vary the price for the products in the following circumstances:
      1. in accordance with changes to our published price list;
      2. to reflect an increase in the cost of supplying the products to you; or
      3. in accordance with the cumulative movement in the CPI of the preceding 12 months.
    2. If the price variation referred to in clause 20 results in a material price increase (being one where the average increase is more than 10% of the current price for all products you order from us under these Terms) you have the option to terminate these Terms by giving us written notice. We may not be able to provide the Service to you if you do not accept these Terms.

    Dispatch and carriage

    1. We will use all reasonable efforts to supply the quantity of products ordered, by the agreed delivery date. If we are unable to do so, we will work with you to minimise the impact to your business.
    2. Title to products will not pass to you until you have paid for them in full. However, risk will pass to you when the products are delivered to you.
    3. We reserve the right to take possession of and to dispose of products as we see fit at any time until you have paid for the products in full. You authorise us to access and enter your land and premises in order to exercise these rights. For the purposes of determining which of the products in your premises have been paid in full, you and we agree that operating inventory will be treated on a first in, first out basis.

    Authorised receipt of products and liquor licence

    1. Products are supplied on the condition that you have a current liquor licence which permits the purchase and acceptance of the products to the premises directed. You must notify us if your liquor licence is suspended or cancelled or the supply of the products will not comply with your licence. You agree to provide proof of your licence on request. We are entitled to not supply products where you do not provide proof (or we have reason to believe) that supply of the products will not comply with your licence.
    2. We are entitled to assume that any person at your delivery address that takes delivery of products is authorised by you to do so. You must ensure that any person taking delivery of products from us is over the age of 18 years. You acknowledge that liquor licensing requirements apply to the delivery of alcohol and we are unable to deliver to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or deemed to be unsuitable. We are entitled to and may request evidence that the person accepting the products is 18 years or older, and may refuse to deliver the products if the person receiving the products is unable or unwilling to provide satisfactory evidence of proof of age.

    Payment

    1. Payment on account – On delivery, we will provide you with a tax invoice specifying the total price for your ordered products including any applicable credits, taxes, service and delivery fees. You must pay all invoices by the date specified on the invoice.
    2. Online payment – You may pay for the products online using a credit card. You authorise us to debit the amount that is payable for an accepted order from your nominated credit card. If we are unable to process your payment for whatever reason, we may cancel your order and notify you of the unsuccessful transaction.
    3. You must not pay, or attempt to pay for products through fraudulent or unlawful means.

    Product warranties and liability

    1. We warrant that products supplied by us will, on the date of dispatch, be of merchantable quality and will comply with all applicable laws. To the extent permitted by law, we exclude our liability for any loss, damage or injury arising from any defect, or non-compliance with a condition or warranty, in products and if our liability cannot be excluded, we limit it, subject to law, to the replacement of the product.
    2. For the avoidance of doubt, nothing in these Terms exclude, restrict or modify any rights, remedies, guarantees, conditions or warranties that are implied or imposed by law that may not be excluded, restricted or modified.

    Service Availability

    1. The Service may be accessed via the Asahi Beverages NZ website or any replacement website we notify to you from time to time.
    2. We will use reasonable efforts to provide access to the Service 24 hours each day, seven days per week. We will use reasonable efforts to notify you in advance of any planned disruptions to the Service by way of a service notice on the Site.
    3. However, we cannot and do not guarantee the availability of the Service, and to the extent permitted by law, we will not be liable for any loss, damage or costs incurred by you or any other person if the Service is unavailable at any time.

    Security

    1. In addition to our obligations at law, we will use all reasonable efforts to ensure that the Service is secure and that the information you provide via the Service is kept confidential and secure.
    2. However, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot and do not guarantee that information you submit via the Service will not be monitored, read, or intercepted by others, and we will not be liable for any loss, damage or costs incurred by you or any other person if your information is monitored, read or intercepted in this way.

    Our liability to you

    1. To the extent permitted by law, we exclude our liability for any loss, damage or injury arising from any defect, or non-compliance with a condition or warranty, in products and if our liability cannot be excluded, we limit it, subject to the law, to the replacement of the product.
    2. For the avoidance of doubt, nothing in these Terms exclude, restrict or modify any rights, remedies, guarantees, conditions or warranties that are implied or imposed by law that may not be excluded, restricted or modified.
    3. You must indemnify us against any claim, loss, liability, cost or expense which may be incurred or sustained by us in connection with: 
      1. third party claims;
      2. and product recalls,
        except to the extent that we have caused or contributed to the loss.

    Confidentiality

      1. These Terms, the Product List, and any pricing information (howsoever described) is our confidential information ('Confidential Information'). However, Confidential Information does not include: information which is or becomes generally available in the public domain (other than through a breach of confidence); or information rightfully received by you from a third person who is under no obligation of confidentiality in relation to the information and who has not obtained that information either directly or indirectly as a result of a breach of any duty of confidence owed to us.
      2. You acknowledge and agree that you must:
        1. not disclose the Confidential Information to any person except as permitted under clause 43;
        2. use or reproduce the Confidential Information only for the purposes of these Terms; and
        3. take all steps reasonably necessary to secure the Confidential Information against theft, loss or unauthorised disclosure.
      3. You may disclose the Confidential Information:
        1. to persons acting on your behalf who need to know the Confidential Information for the purposes of these Terms and subject to you taking reasonable steps to ensure that person is fully aware of the confidential nature of the Confidential Information before the disclosure is made;
        2. if required by law, provided you have given us prior notice where practicable; or
        3. with our prior written consent.

      Termination

        1. Either party may terminate or suspend these Terms immediately by notice in writing to the other party if:
          1. the other party breaches any material term of these Terms and the breach is not remedied within ten (10) business days of receipt of notice of the breach; or
          2. the other party becomes bankrupt, goes into liquidation, is under external administration or any other event which is indicative of insolvency.
        2. In addition to the circumstances described in clause 44, we may also terminate or suspend these Terms immediately by notice in writing to you if you:
          1. bring into disrepute our name, reputation, products or interests in a way that materially prejudices us; or
          2. you endanger our employees by engaging in conduct that would reasonably be considered as aggressive or threatening; or
          3. you transfer or dispose of these Terms without our prior written consent.
        3. If the Service or your access to the Service is terminated or suspended in accordance with clause 44 or 45, you will still be responsible for any fees and charges you incurred in relation to the Service before the termination or suspension date.
        4. We may stop making the Site or the Service (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

        Intellectual Property

        1. We and our licensors own all intellectual property rights relating to the Site or the Service, including all intellectual property rights in any pictures, catalogues, trade marks and other content appearing on the Site. This content is provided for reference purposes only and must not be copied or otherwise reproduced without our prior written permission.
        2. We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms.

        General

        1. If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
        2. If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
        3. These Terms (and your dealings with us) are governed by the law in New Zealand. You and we each submit to the non-exclusive jurisdiction of the courts of New Zealand.

        Returns and Refunds

        1. You can return the products or make a claim for a refund if:
          1. you believe that Goods we charged you for were not provided; or
          2. there is a fault or defect with the products you have purchased.
        2. Any returned products will be refunded using the same method of payment and price as the original transaction and must:
          1. be returned within 28 days of purchase;
          2. be unopened;
          3. be in a re-saleable condition; and
          4. be returned as full cartons.
        3. Email us on drinkstrolleyqueries@asahi.co.nz and our representative will assess your request to return the products. Products may be accepted for return at our absolute discretion.