Terms & Conditions
A legal disclaimer
Please read the following terms and conditions carefully before using this website.
This site is made available by COOK ISLANDS DISTILLERY LTD and is referred to as “us”, “we” or “our” in these Terms and Conditions.
Your use of this website is conditional on your acceptance of the Terms and Conditions set out below, including our Privacy Statement. We reserve the right to alter the Terms and Conditions at any time at our discretion.
Liquor Licence: Cook Islands Distillery Ltd operates under Cook Islands Packaged Liquor Sales Licence No 3548 and has sole ownership of this website selling non-alcoholic and alcoholic beverage products for consumer consumption, as well as other displayed products.
Intellectual Property: All content and material displayed on the website is subject to copyright owned by us or our content suppliers and protected by the Copyright Act 1968 (Cth) and other international copyright laws. We are the owner of and/or authorised user of all registered and unregistered trademarks, patents, copyrights and other intellectual property appearing on this website unless indicated otherwise. Your access to or use of this site does not constitute or create a licence or any other right to that intellectual property.
Any improper use of content and material on the website is prohibited. Except as permitted in these Terms and Conditions, you may not reproduce, transfer, copy, adapt, distribute or store all or part of the contents of this website or incorporate any part of this website into another site without our prior written consent. You may store on your computer or print hard copies of material on this website for your personal use only. You must ensure that any material copied for that purpose retains any copyright or other intellectual property notice contained in the original material. You may not alter the material in any way. All other copying, whether electronic or hard, is prohibited.
Third-party links and material: The website may provide links to third party websites (Third Party Links) or may display material sourced from a third party (Third Party Material). We are not responsible for and do not endorse the content or your use of information obtained from the Third Party Links or the Third Party Material. We provide Third Party Links and Third Party Material only as a convenience, and such inclusion on this website does not imply our endorsement.
Visitors use of the website: A visitor to the website must not under any circumstances:
post or email any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party;
impersonate the identity of another person; or
attempt to use the website or any of its content to solicit others to participate in any organisation or commercial on-line service.
Improper use of the website may result in the visitor being banned, reported to relevant authorities and/or liable for breach of these terms and conditions.
No Warranties: This website is provided on an “as is” basis. We and our directors, employees and agents disclaim, to the fullest extent permitted at law, all express and implied warranties in relation to the accuracy, functionality or reliability of the contents of this site. We do not warrant that this website will be free from viruses. Although we take reasonable steps to secure the site, you acknowledge that we make no warranty (express or implied) that any information you post on or transfer through this site will be free from unauthorised access. If you are dissatisfied with your access to this site, your sole remedy is to depart the site. You understand and agree that if you download or otherwise obtain materials you do so at your own discretion and risk and that you will be responsible for any damage that may result.
No Liability: To the fullest extent permitted by law, we and our directors, employees and agents, disclaim all responsibility or liability arising in any way (including from negligence) suffered by you as a result of your use of this site or from any computer virus transmitted through this site.
Accuracy of Information: You acknowledge that information current at the time of placement on this site does not mean that more recent information does not exist or is not available, or that circumstances have not changed. It is your responsibility to verify the information contained on this website with independent authorities or to seek professional advice before relying on it. Substantial delays may occur before certain information is updated on this website.
Indemnity: You agree that you will indemnify us against any loss, damage or cost incurred by us or arising out of your use of this website, including but not limited to information obtained from sites linked to ours, your transmission of information on or through our site or your violation of these Terms and Conditions or any other laws, regulations or rules.
Access: We reserve the right to revise the content of, amend links from or withdraw your access to this website at any time without notice.
SUPPLY OF PRODUCTS
Customers: To buy any alcohol products via the website, you must be at least 18 years of age, and specify a delivery address within Rarotonga, Cook Islands. By law, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By placing an order for an alcoholic product, you confirm you are at least 18 years of age. If buying any alcohol product as a gift, the recipient must also be at least 18 years of age. The courier will request some form of ID if there is any doubt about the age of the recipient on delivery. If that recipient is unable to produce appropriate ID, the courier cannot leave the alcohol product. However, you will still be responsible for our charges in arranging supply and delivery (and return to us if required).
Special offers: We may terminate any special offers at any time without advance notice.
Vouchers: Any promotional vouchers may only be redeemed once by entering the promotional code during checkout. Vouchers may not be used in conjunction with any other special offers or vouchers.
Prices: Prices stated are in New Zealand dollars. All prices include VAT. All delivery charges are not included in stated prices. The cost for freight/postage/handling will be calculated based on your completed order and the delivery location and will be advised to you prior to payment and included with your purchase cost. If a product inadvertently appears on our website at the wrong price or with the wrong description, we may decline or cancel any orders placed at the wrong price or based on the wrong description.
Payment: A buyer must pay for an order by making a manual bank transfer or paying cash on delivery. Bank payment must be received before delivery is dispatched for bank transfer website payments.
Product availability: All products are offered for sale subject to available stock. If a product is out of stock or discontinued, we will contact you as soon as possible.
Delivery: All products are dispatched from our warehouse in Nikao, Rarotonga. Freight is charged as a standard delivery.
Freight Charges: from $5 shipping for 3-5 business day delivery or $15 for next business day delivery.
You will receive a dispatch confirmation email or text when your order is out for delivery.
We do not guarantee any specific delivery date or time but please expect delivery Monday to Friday, 9.00am to 5.00pm. Our delivery driver cannot always telephone prior to delivery. We recommend that you pick a delivery address where someone will be available to sign for the parcel during normal working hours that must be over the age of 18 years old.
If you are not home at the time of delivery and want to give Authority to Leave it will be left unattended as per instructions unless the driver deems it an unsafe place to leave.
Products not Delivered: For any products that are not delivered and are returned to us because (i) the stock is not collected by you, or (ii) you have provided incomplete delivery details, we will organise redelivery or refund the price you paid for the products less the delivery fee.
Delivery Quantity: We reserve the right to place minimum and maximum quantity limits on orders.
Breakages: In the unfortunate case of one or more broken products being delivered, please email us on info@cookislandsdistillery.com or call +68274545 immediately so that we can rectify the situation promptly. We will issue a credit or send replacement product/s if you notify us within 30 days of the date of the payment. We reserve the right to require proof that the goods were damaged or faulty
Cancellations: You may for any reason cancel your order prior to products being dispatched from our warehouse and receive a full refund. Should you wish to cancel or return the order after the product has left our warehouse, you will be liable to pay for any and all delivery costs and it is your responsibility to arrange for the products to be picked up and returned to us. In this instance, a full refund for the goods, minus shipping costs already paid will be issued within 7 days after we have received the returned product in good condition and in its original packaging.
Refunds: Any price refunds will be effected within 30 days after we are notified of the reason, conditional upon any returned products being returned to us in original saleable condition. It is up to the customer to arrange the return of the goods and the freight charge will not be refunded by us.
Inspection of Goods: We ask that you inspect the products as soon as you receive them. If we do not hear from you within 14 days of receipt of products, we will assume that you accept that the goods are of merchantable quality and meet the quantity ordered.
Product Warranties
In addition to any manufacturer’s warranties, your purchase is protected under the Consumer Guarantees Act 2008. This means goods must be of acceptable quality, fit for purpose, and match their description. If they do not, you are entitled to a remedy. To the extent permitted by law, other warranties are excluded.
We expressly disclaim all other express, implied, statutory and other warranties, guarantees, or representations.
Cancellations & Returns
Change-of-mind cancellations after dispatch are accepted at our discretion and may incur a return shipping fee. This does not affect your right to a remedy under the Consumer Guarantees Act 2008 if the product is faulty, damaged, or not as described.
To initiate a return, please email us at [email address] within 7 days of receiving your product.
Your Rights Under Cook Islands Law
Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 2008. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Cook Islands.
Warning: We recommend that alcohol only be consumed in moderation and not consumed when pregnant. Take care when lifting heavyweight cartons.