BIG BARREL TERMS & CONDITIONS

1. About these Terms

These Terms and Conditions apply to your use of the Big Barrel website at bigbarrel.co.nz and associated Big Barrel websites and online services, and to purchases made through Big Barrel Online and participating Big Barrel stores using those services.

In these Terms:

Big Barrel, we, us or our means the Big Barrel entity providing the relevant service or supplying the goods. This may include Big Barrel Group Limited, Padda Enterprises Limited trading as Big Barrel Online, and/or the operator of the participating Big Barrel store fulfilling your order.

Website means bigbarrel.co.nz and associated Big Barrel online stores, pages and digital services.

Customer, you or your means a person using the Website or purchasing goods or services from us.

By placing an order or creating an account you agree to these Terms.

2. Alcohol and age requirements

Alcohol may only be purchased by people aged 18 years or over.

Big Barrel may require proof of age or identity before accepting, releasing, delivering or allowing collection of an order.

Acceptable identification may include:

• a current New Zealand driver licence;
• a current New Zealand or overseas passport; or
• a current Kiwi Access Card or other identification such as HANZ 18+ accepted under applicable New Zealand law.

Big Barrel operates a strict “Challenge 25” or similar responsible-sales policy and may request identification even where a person is over 18.

Big Barrel may refuse a sale, cancel an order, refuse collection or refuse delivery where age, identity, intoxication, licence conditions or other legal requirements are not satisfied.

For remote alcohol sales, Big Barrel will take reasonable steps to verify that the purchaser and, where applicable, the person receiving the alcohol, is not under the legal purchase age. New Zealand law also restricts the hours during which alcohol purchased remotely may be delivered. New Zealand Legislation

Alcohol is supplied under the applicable off-licence held by Big Barrel Online or the relevant fulfilling store.

3. Customer accounts

You must provide accurate, current and complete information when creating or using an account.

You are responsible for keeping your login credentials secure and should notify Big Barrel if you believe your account has been accessed without authority.

We may suspend or restrict an account where we reasonably believe there is fraud, misuse, inaccurate information, unauthorised access, breach of these Terms or a legal or compliance concern.

4. Orders and acceptance

Placing an order through the Website is an offer by you to purchase the goods selected.

Receipt of an automated order acknowledgement does not necessarily mean that we have accepted the order.

An order is accepted when Big Barrel confirms acceptance or begins fulfilling the order.

We may decline or cancel an order before fulfilment where reasonably necessary, including where:

• stock is unavailable;
• payment cannot be authorised;
• pricing or product information contains a genuine error;
• age or identity requirements are not satisfied;
• the order appears fraudulent;
• purchase limits or promotional terms have been breached; or
• supplying the order would breach applicable law or licence conditions.

If we cancel a paid order that we cannot fulfil, the affected amount will be refunded using an appropriate payment method.

5. Prices and product information

Prices are in New Zealand dollars and include GST unless stated otherwise.

We take reasonable care to ensure pricing, descriptions, images and product information are accurate.

Errors can nevertheless occur.

If a material pricing or description error is identified before fulfilment, we may contact you and offer you the choice of proceeding at the correct price or cancelling the affected item or order.

Nothing in this provision limits your rights under applicable consumer law.

Product packaging, labels, vintages, ABV, bottle designs, batches and other characteristics may change from time to time. Images are illustrative unless expressly stated otherwise.

6. Online and store pricing

Big Barrel Online and individual Big Barrel stores may have different ranges, prices and promotions.

An online-only offer does not necessarily apply in physical stores.

A store-specific offer does not necessarily apply online or at other Big Barrel stores.

Group-wide advertised promotions will apply according to the conditions stated in the relevant advertisement, including any dates, purchase limits, participating-store requirements and stock restrictions.

7. Promotions and Mates Club

Promotional offers are subject to the terms stated with the promotion and are available only during the advertised period and while stocks last.

Purchase limits may apply per customer, account, household, store or transaction.

Big Barrel may reasonably restrict bulk purchasing, resale purchasing, promotional abuse or attempts to circumvent purchase limits.

Mates Club prices and benefits are available only to eligible Mates Club members and are subject to the separate Mates Club Terms and Conditions.

Big Barrel may require reasonable verification that a person is entitled to use a Mates Club account, reward, voucher or member-only price.

Competitions, giveaways and prize promotions may have separate terms. Where specific promotion terms conflict with these general Terms, the specific promotion terms apply to that promotion.

8. Payment

Available payment methods will be shown at checkout.

Payment must be authorised and, where required, cleared before goods are dispatched or released.

We may conduct reasonable fraud, payment or identity checks.

Big Barrel does not receive responsibility for interruptions or failures caused by third-party banking or payment systems that are outside our reasonable control.

9. Delivery

Delivery availability, estimated timeframes and charges are shown on the Website or advised during the ordering process.

Delivery timeframes are estimates rather than guarantees unless expressly stated otherwise.

Freight charges may vary according to destination, rural classification, weight, dimensions, product type, packaging requirements or split shipments.

If an additional freight charge becomes necessary after checkout due to information not reasonably available when the order was placed, we will contact you before dispatch. You may accept the additional charge or cancel the affected order for a refund.

Alcohol will only be delivered in accordance with applicable law and Big Barrel's responsible-sale requirements.

An eligible person may be required to be present and provide acceptable identification.

Where delivery fails because an eligible recipient is unavailable, valid identification cannot be produced, an incorrect address has been supplied or delivery is refused, reasonable redelivery, return or handling costs may be charged.

10. Click & Collect

Click & Collect is available at participating stores.

Please wait until we confirm that your order is ready before attending the store.

Stock information may not always update in real time. If an item becomes unavailable we may, with your agreement, offer a substitute or refund the unavailable item.

The person collecting alcohol must be at least 18 years old and may be required to provide acceptable identification.

Orders not collected within a reasonable period may be cancelled and refunded, less reasonable costs actually incurred where permitted by law.

11. Change of mind and cancellations

Big Barrel is not required to provide a refund or exchange simply because a customer has changed their mind, selected the wrong item or no longer wants the goods.

You may request cancellation before fulfilment, but acceptance of a change-of-mind cancellation is at Big Barrel's discretion.

Where Big Barrel agrees to such a cancellation, we may deduct reasonable costs actually incurred because of the order or cancellation, including unrecoverable payment, supplier, freight, handling or restocking costs of upto 20%. Any material charge will be disclosed before the cancellation is finalised.

Specially ordered, transferred, imported, allocated or reserved stock may not be cancellable for change of mind once costs have been incurred.

12. Faulty, damaged or incorrect goods

Nothing in these Terms limits any rights or remedies you have under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other law that cannot lawfully be excluded.

If goods are faulty, damaged, incorrectly supplied or materially different from their description, please contact us as soon as reasonably practicable.

Depending on the circumstances and applicable law, a remedy may include replacement, repair, refund or another appropriate solution.

We may reasonably ask for proof of purchase, photographs or return of the goods so the issue can be assessed.

13. Business purchases

Where goods are both supplied and acquired in trade for business purposes, the parties agree, to the extent legally permitted and where fair and reasonable, that provisions of the Consumer Guarantees Act that may lawfully be contracted out of will not apply.

14. Website availability

We will use reasonable endeavours to keep the Website available and functioning.

The Website may occasionally be unavailable because of maintenance, upgrades, system failures, cyber incidents, telecommunications failures or third-party services.

To the extent permitted by law, Big Barrel is not responsible for loss caused solely by events outside its reasonable control.

15. Third-party websites and services

The Website may link to third-party websites or use third-party services.

Unless expressly stated otherwise, Big Barrel is not responsible for the content, terms, availability or privacy practices of independent third parties.

16. Intellectual property

The Website and its content, including Big Barrel branding, graphics, text, product content and other materials owned by or licensed to Big Barrel, are protected by applicable intellectual-property laws.

You may use the Website for normal personal and commercial purchasing purposes but may not reproduce, republish or commercially exploit Big Barrel content without permission except where permitted by law.

17. Privacy

Big Barrel handles personal information in accordance with its Privacy Policy and the Privacy Act 2020.

The Privacy Policy explains what information we collect, why we collect it, how it may be used and disclosed, and your rights in relation to that information.

https://bigbarrel.co.nz/en/privacyinfo

18. Liability

Nothing in these Terms excludes or restricts rights or liabilities that cannot lawfully be excluded.

Subject to those rights, Big Barrel will not be liable for indirect or consequential loss arising from circumstances outside its reasonable control.

Any limitation in these Terms applies only to the maximum extent permitted by New Zealand law.

19. Events outside our control

Big Barrel will not be responsible for delay or failure caused by events outside its reasonable control, including severe weather, natural disaster, transport disruption, supplier disruption, industrial action, government action, power or telecommunications failure, cyberattack or courier disruption.

20. Changes to these Terms

We may update these Terms from time to time.

The current version and effective date will be published on the Website.

Material changes will apply prospectively. Where appropriate, we may provide additional notice of significant changes.

21. New Zealand law

These Terms are governed by New Zealand law.

Nothing in these Terms affects rights that consumers have under mandatory New Zealand law.

22. Contact

For questions concerning orders or these Terms:

Big Barrel
50 Austin Street
Onekawa
Napier 4110
New Zealand

Phone: 0800 227 735
Email: [email protected]