Privacy Policy & Terms and Conditions

TERMS AND CONDITIONS

C6 ONLINE – SUMMARY FREQUENTLY VIEWED TERMS

LIQUOR LICENCE

ID25 POLICY & DELIVERY COMPLETION:

Alcohol purchases must be signed for by someone over the age of 18 on delivery. Our staff will insist on age verification if you “look” 25 years of age or younger – it’s a judgement call so please be flattered if they ask – it’s not our intent to offend!

We are unable to leave restricted goods such as alcohol unattended at an address, and if there is no one over 18 to accept delivery we won’t leave it on the doorstep.

By completing purchase, you warrant and understand that it is your responsibility to show (or to procure the person or persons receiving the goods (the “Recipient”) to show) current identification to the person or persons delivering the goods. The identification must include you or the Recipient’s:

full name;

date of birth;

photo;

signature;

If the goods cannot be delivered for any reason, such as you or the Recipient failing or refusing to accept the goods, or you or the Recipient failing to produce adequate identification, the goods will be returned to the store that is the origin of the goods and held for you to collect. You must, at your expense, collect the goods within one week of the attempted delivery.

CarbonSix is deemed to have fulfilled its obligations upon delivery of the goods.

DELIVERY QUERIES:

If you have any questions and queries about your delivery, please email us at info@carbonsix.co.nz.

DELIVERY TIMES:

Delivery days are available Monday to Friday– we don’t deliver weekends and public holidays where it is illegal to trade. Orders will be delivered within two working days of the order being received. While all efforts will be made to ensure delivery windows are met, delivery times in rural areas may take up to 3 working days to be delivered.

DELIVERY DELAYS:

CarbonSix will endeavour to deliver all normal orders within a reasonable time. However, you accept that delays may arise in some circumstances, for instance where credit card details or delivery details are incomplete or incorrect, where credit card authorisation is refused, or where the order includes custom requests.

DELIVERY COSTS:

Shipping Charges and Free Shipping Terms: There are different delivery costs depending upon the proximity of the delivering address. A zoning mechanism is used. The delivery zone is determined by the suburb and postcode entered for the delivery. You will see charges as a line entry in checkout.

PICK UP:

There is no charge for pick up orders. Pick up orders are to be paid for online pre pick up. No additional products can be added at the time of pickup.

Pick up is required on the day and time that you have chosen from CarbonSix Tasting Room. (16B Como Street, Takapuna, Auckland)

The person collecting the order must be over the age of 18 with current ID and be able to show your confirmation email.

If CarbonSix is not able to supply product(s) in the order, you will be contacted to discuss options and we will attempt to provide the products as soon as they are available. We can also look into arranging a replacement or a refund if required.

RETURNS POLICY:

If you are unhappy about any aspect of your delivery or would like to return any part of your order please contact info@carbonsix.co.nz with details of your order and what is required. If products have been damaged prior to delivery, please take a photograph and email it to the support team with your name and order number upon becoming aware of the issue. We will then look into arranging a replacement or a refund.

For stock purchased for an event, and pre- organised with the delivery store, CarbonSix offers a 20% sale or return policy. This means that you can have piece of mind if you over order that some product can be returned. Product returned must be in re-saleable format – i.e. wine, beer, spirit or RTD packaging unbroken from original format and not damaged in any way. We will then arrange either a replacement or refund.

This privacy statement discloses the privacy practices for CarbonSix.

Because this web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices.

This web site has agreed to notify you of:

What personally identifiable information of yours is collected from you through the web site

The organization collecting the information

How the information is used

With whom the information may be shared

The kind of security procedures that are in place to protect the loss, misuse or alteration of information under info@carbonsix.co.nz control

How you can correct any inaccuracies in the information.

If you feel that this company is not abiding by its posted privacy policy, you should first contact info@carbonsix.co.nz

DISCLOSURE OF INFORMATION:

CarbonSix may also share personal information with other companies or individuals in the following limited circumstances:

Where CarbonSix has your consent, such as by opting-in to receive communications from third parties in the process of purchasing goods;

Where CarbonSix considers in its absolute discretion it is required to in order to satisfy any applicable law, regulation, legal process or government request;

Where information is required to be forwarded on to a credit referral agency;

Information may be disclosed to CarbonSix’s employees, agents, suppliers or delivery people for the purpose of performing any services provided through the Website;

Information may be disclosed to the relevant authorities, any internet search provider that you use to access the Website, and/or the applicable intellectual property rights holders (or their representatives) if CarbonSix considers you are infringing the intellectual property rights of any person.

COLLECTION OF INFORMATION:

CarbonSix is the sole owner of the information collected on this Website. CarbonSix will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. CarbonSix collects information from its users at several different points on the Website.

CarbonSix gathers various information about users of the Website. This information includes:

Personal information, provided through voluntary registration or use of the Website (such as your first and last names and email);

Personal information, provided by you for any purchase through the Website (such as credit card number, expiration date and authentication codes or related information);

Personal information, provided by you through any other method (including without limitation correspondence and discussions);

Information collected by CarbonSix through click tracking in relation to your use of the Website, including the content you upload and the content you access;

Aggregated data, which tracks traffic to the Website; and cookies, which are pieces of information transferred to your computer hard drive for record keeping (such as your preferences on the Website).

Information about your present banks and/or financial institutions (for the sole purpose of ascertaining creditworthiness; credit referral agencies (for the sole purpose of ascertaining creditworthiness); other suppliers of products and services (in relation to business customers only); people or companies who are or have been associated with the user, with the user’s consent.

Failure to provide necessary personal information when requested may result in certain functions of the Website not being available to you.

USE OF INFORMATION:

If you participate in an online activity on the Website, your personal information will only be used for the purposes of that online activity, unless you otherwise provide CarbonSix with your consent.

Any personal information you provide may be used by CarbonSix for the following purposes:

to send you periodic emails that you have subscribed to through your nominated email address;

to obtain feedback on your use of the Website or service offered through the Website;

to contact you as part of the transaction process when purchasing goods through the Website;

to monitor, develop and improve the Website and ensure that content of the Website is presented in the most effective manner for the user;

to keep the Website relevant and of interest to users;

to investigate any complaints relating to the misuse of the Website;

responding to any queries and/or comments you have sent to CarbonSix;

such other use that you authorise.

You will have the option to choose to not receive certain types of email communications from CarbonSix, except for those that are absolutely necessary to provide you with details of any purchases you have made. Emails will always contain a link at the bottom to be removed from the mailing list or you can unsubscribe via your account page if you have registered as a Member.

When making an order, CarbonSix also requests credit card or other payment account information which are maintained in encrypted form on secure servers. CarbonSix does not share this information with any third party except for those companies responsible for processing credit card transactions for CarbonSix.

C6 ONLINE GENERAL TERMS & CONDITIONS OF USE

CarbonSix provides an online version of CarbonSix’s retail stores whereby customers can purchase CarbonSix products online via the Website.

The following terms and conditions (“Terms of Sale”) apply to orders you place on this website (“Website”), which is operated by CarbonSix Distillery Limited) (“CarbonSix”) and are to be read in conjunction with the General Terms and Conditions of Use, the Privacy Policy and any other Terms (collectively, these terms and the Terms of Sale are referred to as the “Terms”). By placing orders using the Website you will be deemed to agree to the Terms. If you do not agree to be bound by the Terms you must stop using and accessing the Website.

DEFINITIONS

The following definitions apply to the Terms:

“Content” means any software, data, information, pictures, graphics and other materials published or made available on the Website, including any third – party content and any user generated content.

“Customer” means a person who applies for permission to order goods via this Website.

“Service” means the delivery of goods from CarbonSix’s physical stores in response to orders placed by Customers via this Website and in accordance with these Terms.

“user” means any user of the Website.

“you” and “your” are a reference to you.

USE OF WEBSITE AND PROHIBITED ACTIVITY

2.1 Use of this Website is restricted to persons over the age of 18.

2.2 If you make a purchase through the Website, you warrant and understand that it is your responsibility to show (or to procure the person or persons receiving the goods (the “Recipient”) to show) current identification to the person or persons delivering the goods. The identification must include you or the Recipient’s:

full name;

date of birth;

photo;

signature;

2.3 You are prohibited from doing any act that CarbonSix, in its absolute discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this Website including but not limited to:

2.3.1 Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals;

2.3.2 Using this Website to defame or libel CarbonSix or its affiliates, their employees or other individuals or acting in such a way that brings into disrepute the reputation of CarbonSix or its affiliates;

2.3.3 Uploading files that contain viruses that may cause damage to the property of CarbonSix or the property of other individuals.

2.4 You agree not to engage in any other conduct that CarbonSix advises (in its absolute discretion) is in breach of the Terms or is otherwise inappropriate for the Website.

2.5 If you wish to take advantage of offers, or to access parts of the Website, that are only available to members, you will need to register as a member. If you register as a member, the Membership Terms will also apply to you.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

3.1 CarbonSix is not responsible if the information that it makes available on this Website is not accurate or complete. Any reliance upon the material on this Website shall be at your own risk and we are not responsible for any adverse consequences arising out of such use. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Website.

3.2 Prices & selection of products displayed on this Website may vary in CarbonSix retail stores.

CHANGES

4.1 CarbonSix reserves the right, in its absolute discretion, at any time and for any reason whatsoever, to make improvements and/or changes to the Service; to terminate all or part of any service supplied by CarbonSix and/or its agents and/or its delivery persons to any Customer; to remove, amend and/or vary any of the Content which appears on the Website; to cease operating the Website in whole or in part, with or without notice, effective immediately.

4.2 CarbonSix reserves the right to change, alter or modify these Terms at any time and will update you of this by updating the “last updated” notice at the end of these Terms. By continuing to access the Website you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed or not.

TRANSMISSION

5.1 Any non-personal communication or material you transmit to this Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary.

5.2 Anything you transmit or post becomes the property of CarbonSix and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, CarbonSix is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this Website. Any such use is without compensation to the party submitting information.

5.3 By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that CarbonSix’s use will not violate any third party’s rights. CarbonSix is under no obligation to use the information submitted.

INTELLECTUAL PROPERTY

6.1 All copyright and other intellectual property rights in all text, images and other materials on this Website are the property of CarbonSix or are included with the permission of the relevant owner.

6.2 You are permitted to browse this Website and reproduce extracts by way of printing or downloading to a storage device for your own personal or internal business use. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices. No reproduction of any part of this Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.

6.3 The trademarks, logos, characters and service marks displayed on this Website belong to CarbonSix or its affiliates. Nothing contained on this Website should be construed as granting any licence or right to use any trademark displayed on this Website. Your use/misuse of the trademarks displayed on this Website, or on any other content on this Website, except as may be provided for in these Terms, is strictly prohibited. CarbonSix and its affiliates reserve all their rights to enforce their intellectual property rights to the fullest extent of the law.

PRIVACY AND PERSONAL INFORMATION

7.1 Please refer to the Privacy Policy for further conditions relating to your personal information.

LINKS TO OTHER WEBSITES

8.1 Links on the Website may take you outside the CarbonSix network and CarbonSix accepts no responsibility for the content, accuracy or function of these other websites. The links are provided in good faith and CarbonSix cannot be held responsible for any subsequent change in other websites to which CarbonSix provides a link. The inclusion of any link to other websites is provided to you only as a convenience and does not imply CarbonSix’s endorsement of websites or any association with their operators. CarbonSix highly recommends that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

WARRANTIES

9.1 To the maximum extent permitted by law, this Website is provided to you on an “as is” and “as available” basis and, consequently, CarbonSix gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including but not limited to delivery; or any warranties or representations that material on this Website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this Website will be un-interrupted or error-free; that this Website will be secure; that any advice or opinion obtained from CarbonSix through this Website is accurate or to be relied upon, and any representations or warranties thereto are expressly disclaimed.

9.2 CarbonSix reserves the right to restrict or terminate your access to this Website or any feature of this Website or any feature or part thereof at any time.

LIABILITY

10.1 Except to the extent otherwise expressly set out in the Terms and to the maximum extent permitted by law, CarbonSix does not accept liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of: (a) the Services; (b) your access to, use, inability to use, change in content of this Website or any other website you access through a link from this Website; (c) any actions CarbonSix takes or fails to take as a result of any electronic mail messages you send to CarbonSix.

10.2 To the maximum extent permitted by law, CarbonSix does not accept any responsibility to maintain the material and services made available on this Website or to supply any corrections, updates, or releases in connection therewith. Any material on this Website is subject to change without notice.

10.3 Further, CarbonSix shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses, malware, spyware or other similar software or code that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Website. If you choose to download material from this Website you do so at your own risk.

10.4 You indemnify CarbonSix and its affiliates, and their agents, officers and employees (“Indemnified Parties”) against any claims, actions, costs (including legal costs) or losses incurred by the Indemnified Parties arising out of or in connection with your breach of the Terms.

SEVERABILITY

11.1 If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

LAW

12.1 You and CarbonSix agree that any controversy or claim arising from or pertaining to the use of this Website shall be governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand.

CONTACT

13.1 If you have any questions, concerns or complaints in relation to the Website or the Terms, please contact us by sending an email to info@carbonsix.co.nz

C6 ONLINE – PRIVACY POLICY

5.1 A cookie is a piece of data stored on the end-user’s hard drive containing information that relates directly to the end-user’s visit to the Website. Any information placed in the cookie is accessible ONLY to CarbonSix, and will NOT be sold or shared with anyone else under any circumstances.

5.2 CarbonSix uses a cookie to store a unique session identifier, and this allows CarbonSix to maintain your shopping cart and state selection from one page request to the next. CarbonSix is also able to maintain your session information from one visit to the next. By setting a cookie on the Website, the user would not have to log in more than once, thereby saving time while on the Website. If a user rejects the cookie, they may still browse the Website, but the user will be unable to log in or make a purchase. Cookies also enable CarbonSix to track and target the interests of users to enhance the experience on the Website and show you the products that your order history indicates you prefer.

LOG FILES

6.1 CarbonSix use IP addresses to analyse trends, administer the Website, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

SHARING

7.1 CarbonSix will share aggregated demographic information with its affiliates, partners and advertisers. This is not linked to any personal information that can identify any individual person.

LINKS

8.1. This Website contains links to other websites. Please be aware that CarbonSix is not responsible for the privacy practices of such other websites. CarbonSix encourage its users to be aware when they leave the Website and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.

the registrant, and will also be used for purposes of monitoring or improving the use and satisfaction of this Website.

SECURITY

12.1 As no data transmission over the Internet can be guaranteed to be completely secure, CarbonSix cannot ensure or warrant the security of any information you transmit or receive through the Website. These activities are conducted at your own risk.

12.2 When any order form on the Website asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry – SSL (Secure Socket Layers), provided by Thawte, the premier encryption software company available today. While on a secure page such as the order form page, the lock icon on the bottom of Web browsers such as Internet Explorer or Safari becomes locked, as opposed to unlocked, or open, when you are just ‘surfing’.

While CarbonSix uses SSL encryption to protect sensitive information online, CarbonSix also does everything it reasonably can to protect user-information offline. All user information, like the sensitive information mentioned above, is restricted in CarbonSix’s offices. Only employees who need the information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information. If one of these people leaves their workstation, they are required to lock their station until they return. Furthermore, ALL employees are kept up to date on security and privacy practices.

Every quarter, as well as any time new policies are added, CarbonSix’s employees are notified and/or reminded about the importance of keeping CarbonSix’s customers’ information secure and safe at all times. Finally, the servers that CarbonSix stores personally identifiable information on are kept in a locked and secure environment.

If you have any questions about the security of the Website, you can send an email to info@carbonsix.co.nz (or just go to the contact us page)

CHANGES TO POLICY

13.1 CarbonSix reserves the right to change this Privacy Policy at any time by notifying users of the existence of a revised policy by updating the “last updated” notice beside the link to this Privacy Policy. By continuing to use the Website, you agree to be bound by the amended Privacy Policy. You should check from time to time to see if the Privacy Policy has changed or not.

C6 ONLINE – TERMS OF SALE

ORDERING

1.1. If you make a purchase through the Website, CarbonSix requests information from you on a CarbonSix order form, including contact information (like name and shipping address) and financial information (credit card number, expiration date, billing address, and billing phone number). If CarbonSix has trouble processing your order, this contact information is used to get in touch with you. This information is taken in a secure area, is encrypted for CarbonSix customers’ protection, and is not sold or shared with anyone else under any circumstances.

1.2. The order total includes the price of the product(s) ordered, delivery costs (where applicable) and GST. Prices displayed on this Website may vary in CarbonSix retail store.

1.3. Acceptance of any order placed through this Website is conditional on validation of the credit card number you provide to us and approval of the purchase amount by the card issuer. All transactions are billed in New Zealand dollars.

1.4. You can choose whether to have orders delivered (see clauses 2 – 5) or arranged for pick up (see clause 6).

WARRANTIES AND LIABILITY

8.1. Subject always to the Consumer Guarantees Act 1993 and otherwise to the maximum extent permitted by law, CarbonSix expressly excludes all express or implied warranties, descriptions, representations, statements and advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise. Subject always to the Consumer Guarantees Act 1993 and otherwise to the maximum extent permitted by law, CarbonSix shall not be bound or responsible for any such unauthorised: warranties; and/or descriptions; and/or representations; and/or statements; and/or advice, made by any of its employees, agents, suppliers or delivery people, whether made in good faith or otherwise.

8.2. If you are not a “Consumer” as defined in the Consumers Guarantees Act 1993, or where you hold yourself out as acquiring the goods for the purposes of business then the provisions of the Consumer Guarantees Act 1993 shall not apply.

8.3. You accept and acknowledge that regardless of any advice given by an employee, agent, supplier or delivery person, that upon acceptance of the goods by you or the Recipient, all risk in the goods passes to you. Title in the goods passes to you once you have paid for the goods in full.

8.4. Subject always to the Consumer Guarantees Act 1993 and otherwise to the maximum extent permitted by law, CarbonSix excludes all liability against any damage and/or injury and/or loss arising directly or indirectly from any defect in or non-compliance of the goods. You acknowledge and accept that any damages for any other breach of CarbonSix’s obligations shall not in any event exceed an amount equivalent to the price of the goods you have paid for.

8.5. You accept and acknowledge that CarbonSix is not liable or responsible for any damage and/or injury and/or loss arising from the servants, agents, buyers, Recipient or any other persons.

FORCE MAJEURE

9.1. CarbonSix shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of the Terms, where this arises out of circumstances beyond the control of CarbonSix, including but not limited to acts of God; natural disasters; sabotage; accident; riot; shortage of supplies, equipment, materials; strikes and lockouts; civil commotion; computer hacking; or malicious damage.

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