Terms and Conditions

Terms and Conditions

Thank you for using the Henry’s BWS website located at www.henrys.co.nz (Site). The following terms and conditions govern your use of this Site, including any service or content we provide you via the Site (together, the Online Services), so please read them carefully.

The systems and intellectual property rights relating to or supporting this website are owned or controlled by Foodstuffs South Island Limited and/or any affiliate, subsidiary or related company of those Foodstuffs entities (together, Foodstuffs). The operator of the Henry’s BWS store that you have selected to supply your Products (Henry’s BWS, we, our or us in these terms and conditions) is responsible for the supply of Products ordered by you through this website. The physical store that we operate is referred to as “Your Pick-up Store” in these terms and conditions. Any orders you place through this website are legally binding offers and if accepted by us, a legally binding contract is formed between you and us. While every endeavor has been made to supply accurate information, errors and omissions may occur. Accordingly, we do not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on or accessed through the Online Services.

Material that you see on the Online Services may be protected by copyright, trademark, patent or other protections, even if it is not stated to be.

The Online Services are intended for use by people located in New Zealand and are not intended for use by people located outside New Zealand. Henry's BWS is a New Zealand owned and operated business.

1.0 HOW DO I AGREE TO YOUR TERMS?

By using the Site and/or registering to receive any Online Services, for example regular newsletters, you are deemed to have read and agreed to these term and conditions. If you do not agree to these terms you should cease using the Online Services.

2.0 WHAT CAN I USE THE ONLINE SERVICES FOR?

The Online Services allow you to find out information about Henry’s BWS, its stores, products and services, promotions and competitions. We are not responsible if you use the Online Services for any other purposes.

3.0 ACCESS

You understand that we may at any time in our sole discretion and without prior notice to you, prohibit or restrict your access to the Online Services.

We will use reasonable endeavors to keep the Online Services free from viruses and from unauthorised access. However, we do not warrant that the Online Services will always operate uninterrupted or error-free or that any files available for downloading by you will be error-free or free from viruses, faults or defects.

4.0 WHO OWNS THE CONTENT OF THE ONLINE SERVICES?

The Online Services contain intellectual property and other proprietary information. We or Foodstuffs either own or are authorised to use the intellectual property in everything that you hear, read, download or access on or via the Online Services (including messages, files, data, software, images, photographs and other materials). You are not permitted to do anything which infringes these intellectual property rights (such as copying, modifying or reposting content) unless you have express permission from us.

5.0 WHAT ABOUT LINKS TO OTHER SITES?

We have not reviewed all of the sites that may be linked to the Online Services. We are not responsible for the content or accuracy of any off-site page or other sites linked to the Online Services. Just because we include a link to another site does not mean we endorse it and you use the link at your own risk.

6.0 THINGS YOU MUST NOT DO

You must not disrupt or interfere with the Online Services or servers or other software, hardware or equipment connected to or via the Online Services. You must not break any relevant law which applies to the use of the Online Services. If you do any of these things or otherwise use the Online Services inappropriately or maliciously you will indemnify us for any loss, we suffer in connection with what you have done.

7.0 INFORMATION ON THE ONLINE SERVICES

We will endeavor to keep information on the Online Services as accurate and up to date as possible. However, the Online Services may have some material which is not accurate or up to date in all respects or errors or omissions may occur. For this reason, we do not warrant the accuracy or completeness of the information and, to the extent we are able to by law, we do not accept any liability for any errors on the Online Services.

We may update information on the Online Services at any time and without notice.

Products and specials advertised on the Online Services are subject to availability and while stocks last.

We disclaim (to the maximum extent permitted in law) all liability for any damage or loss resulting from your use of, or reliance on, the Online Services or the information provided via the Online Services.

8.0 COLLECTION OF PERSONAL INFORMATION AND YOUR PRIVACY

We may need to obtain personal information from you in the course of providing the Online Services to you. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained.

Our Henry’s BWS Website Privacy Policy, which is located here, sets out how we and Foodstuffs can collect, hold and use your personal information. This Privacy Policy forms part of these terms and conditions.

9.0 PLACING AN ORDER

9.1 General

All orders for Products must be placed through the Henry’s BWS website. You may either receive your order by click and collect or delivery.

9.2 Age-Restricted products

It is illegal for us to sell or supply alcohol to anyone under the age of 18 years. It is also illegal for you to purchase alcohol if you are under the age of 18, even if you’re buying it as a gift for someone else. By ordering Products through Henry’s BWS you are representing that you are 18 years of age or over and that anyone collecting your order is also 18 years of age or over.

9.3 Maximum number of products
We reserve the right to limit the number of each Product we will supply in any transaction. You must not purchase items through Henry’s BWS for the purposes of resale. If we suspect for any reason that you are doing so, we may in our sole discretion suspend or terminate your access Henry’s BWS and/or we may refuse to fulfil any order you place through the website.

10.0 CLICK AND COLLECT

10.1 Confirmation of order
Once you have successfully submitted your order, we will send you an order confirmation to the email address you have provided to us. Please check your spam or junk folders in case our email has been directed there. If your order confirmation has not come through within 2 hours, then please contact the store you are ordering from.

Please review your confirmation email when it comes through to check that everything is correct. If something does not look right, then please contact the store you are ordering from.

10.2 Order cut-off times
Order cut-off times may vary between stores and may change from time to time.

10.3 Pick-up times
There may be a limit to the number of orders that can be picked-up during the hours of business. We will do what we reasonably can to make your order available for pick-up at the time that is most convenient to you. If it is not possible for us to make your order available for pick-up at the times that you request, we will try to contact you using the contact information you provided to us during registration (or subsequently updated by you).


10.4 Pick-up time slot
We will do what we reasonably can to ensure your Products are available for collection from Your Pick-up Store at the time most convenient to you. If that is not possible, we will try to contact you using the contact information you provided to us.

Please review your confirmation email when it comes through to check that everything is correct. If something does not look right, then please contact the store you are ordering from.

10.5 Item availability
We will do all that we reasonably can to supply the Products you’ve ordered, but in some cases they may be unavailable. All Products, including specials, are subject to availability.

Our inventory system is updated every night to ensure that we only display products that we have stock of at the stores.

Our goal is never to be out of stock, but in case we are, we will contact you to discuss your order using the contact information you provided to us during registration (or subsequently updated by you).

11.0 COLLECTION

11.1 Proof of purchase

You may collect your Products from the counter at Your Pick-up Store at the agreed pick-up time. You will need to show your order confirmation email to the store attendant as proof of purchase.

11.2 Proof of age

It is our policy to require proof of age if you, or anyone collecting your Products for or with you, looks under the age of 25 years. Acceptable forms of identification are:

  • 18+ HANZ Card;
  • New Zealand Driver's Licence; or

Current Passport.

11.3 No proof of purchase or age

If you or anyone collecting your Products is unable to provide proof of purchase or proof of age Your Pick-up Store will not be able to provide the Products. You may then either arrange another time for collection where proof of purchase and proof of age can be provided, or if you are unable to do this you may arrange for a refund.


11.4 Late Pick-ups
We understand that for reasons outside of your control, you may not be able to pick up your Products on time. If you know you are going to be late to pick up your Products, please call Your Pick-up Store to make alternative arrangements.

11.5 Non-collection

Your Pick-up Store will store the Products ordered for one calendar month from the later of your chosen pick up date or the date at which Your Pick-up Store receives the Products. If after one month your order is not collected, Your Pick-up Store may either re-sell or return the Products at its discretion.

12.0 DELIVERY

Delivery is available within a 5km radius of participating stores with a delivery fee of $10.00 per order. If you live outside of the 5km radius of the store you may still be eligible for delivery, but the delivery cost is subject to change, at the store’s discretion. A minimum order of $50.00 applies for delivery. A time for delivery must be arranged between 8am -12pm Noon or 12pm Noon – 5pm.

Either the person who placed the order or a nominated person (18 years or older) must be at the delivery address at the time of delivery. The person receiving the delivery will need to show the order email confirmation as proof of purchase.

We reserve the right to ask for ID.

13.0 PAYMENT

13.1 Payment method
Orders must be paid for by credit card or debit card only as set out on the website. The name that will appear on your statement will be that of Your Pick-up Store. Your account will will be charged in New Zealand Dollars (NZD).

13.2 Card deduction
Your credit or debit card will have a nominal amount (currently $1) held from the time you place your order to ensure your card is valid. This nominal amount will be reversed within 7 days of placing your order (it will not be taken off the payment for your order).

13.3 Payment processing
If you are collecting your order, your card will be debited for the final order value on the date you have chosen to pick-up your Products. You must ensure you have sufficient funds available on your credit or debit card to pay for the order on this date. If you have insufficient funds on that date, then your order will not be provided for collection. We will contact you to make alternative payment arrangements or to cancel your order.

If your order is being delivered your card will be debited on the day of the order.

14.0 AMENDING OR CANCELLING OF AN ORDER

14.1 Cancellation of order
Cancellation of your order by you is at the sole discretion of Your Pick-up Store who reserves the right to charge you for the cost of the order.

14.2 Amendment of order
Amendment of your order by you is at the sole discretion of Your Pick-up Store. Where the store agrees to the amendment it reserves the right to amend the collection time, in consultation with you, to allow for the amendment to be processed.

14.3 Amendments and pricing
Where your order is amended, all of the prices that apply to that order will be updated to the prices listed on the website for those Products at the time that you submit the change to your order.

14.4 How to amend or cancel your order
To amend or cancel your order, contact your Pick-up Store by phone or email.

15.0 RETURNS

15.1 Returns policy

If items you have purchased online are damaged, faulty or spoiled at the time of pick-up, we will comply with our obligations under the Consumer Guarantees Act 1993. Please contact Your Pick-up Store if you receive an item that you consider to be damaged, faulty or spoiled. Proof of purchase will be required.

16.0 REFUNDS

16.1 Refunds process

In some instances, such as an amendment to your order, you may arrange with Your Pick-up Store, at its discretion, for a refund. If you require a refund you will need to come into Your Pick-up Store and speak to the attendant at the counter, who will be able to assist you. Please bring your order email confirmation with you.

17.0 WARRANTIES

1 7.1 Warranty exclusions
All representations, terms, warranties, guarantees, or conditions whether express or implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions or merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded and expressly negated to the fullest extent permitted by law.

17.2 Your responsibilities
Subject to our obligations under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, it is your responsibility to satisfy yourself that Products you purchase online from Henry’s BWS are fit for the purpose you intend and to use all requisite care and skill when handling, using and/or consuming those Products. You warrant that you will not use Products purchased online from Henry’s BWS for any purpose for which they are not suitable. You acknowledge that you cannot rely on any representation or statement made by a representative of ours or Foodstuffs either through this website or otherwise, other than the express wording of these terms and conditions. No representative of ours or Foodstuffs assumes any obligation or liability for any advice given to you and you accept Products purchased through this website entirely at your own risk.

18.0 LIABILITY

18.1 No liability generally
To the maximum extent permitted by law, we and Foodstuffs will not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any use of this website and Products supplied through this website. While we endeavor to keep information on this website up to date, we cannot and do not guarantee the accuracy and completeness of this information.

18.2 Title and risk
Products ordered through this website are at our risk until delivered or collected by you from Your Pick-up Store. Once delivered or collected from Your Pick-up Store risk in the Products passes to you. Title passes to you on payment.

19.0 HOW CAN THE TERMS BE CHANGED

We can change these terms and conditions at any time, without notice to you by updating them on the Site. The revised terms will take effect when they are posted, and your continued use of the Online Services means you agree to our revised terms.

20.0 GOVERNING LAW AND DISPUTES

The Online Services are governed by New Zealand law. If we have any issues which need to be resolved by a court, you agree to the exclusive jurisdiction of New Zealand courts.