Online Store Terms of Use

 
1. General
(a) In these terms of use (referred to as the "Terms" or "Terms of Use"), "Starbucks" or "we" or "us" means Tahua Capital Limited (trading as Starbucks New Zealand) and the "customer" or "you" means any person, firm, company or body which places an order with us. Please read these Terms of Use carefully before using      any Starbucks New Zealand online store website (collectively "Online Stores" and each an “Online Store”). By using our Online Store or any part of it, you agree that you have read these Terms of Use and that you accept and agree to be bound by them.
(b) We shall make every reasonable effort to ensure that prices, details and sizes of products at our Online Store are up-to-date. Prices are subject to change without prior notice and all orders are subject to our acceptance at our sole discretion and stock availability.
(c) We shall make every effort to ensure product(s) displayed at our Online Store are in stock. If from time to time any products become out of stock, we reserve the right to offer alternative product(s) of similar value and style. We do not warrant or guarantee the availability of any of our products. 
(d) All orders are subject to confirmation of final availability and we reserve the right to reject the order in the event that any of the products or services requested are unavailable.
 
2. Minors
(a) You acknowledge that you are at least 18 years old and are fully able to understand, agree to and abide by these Terms of Use.
(b) If you are between the ages of 14 and 17, you may only use our Online Store under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.  If your parent or legal guardian does not agree to these Terms of Use, you must not make a purchase through our Online Store.
 
3. Personal Information
(a) You acknowledge and agree that in order to process your orders and payments and for other directly related purposes, we will use, collect and process your personal information voluntarily submitted by you. The personal information may include, without limitation, your name, email address, phone number and delivery address     .      
(b) For delivery purposes we will need to share with third-party partners personal information relating to you and/or the recipient, including name, phone number and delivery address.
(c) If you place an order on behalf of any other person or organisation, or for delivery to any other person or organisation, Starbucks will use, collect and process the personal information of the recipient designated by you, including but not limited to their name, delivery address and contact details. You should ensure that the designated recipient has agreed to your provision of the above personal information to us and agreed to share such personal information with the third-party partners by us for delivery purpose. You acknowledge that by providing us with a designated recipient’s personal information that you are authorised to do so.
(d) Our Privacy Policy sets out more information on how we collect, use and store personal information. A copy of our privacy policy is available at https://www.starbucks.co.nz/about-us/privacy-policy, and is deemed to be incorporated into these Terms of Use, in the then current form from time to time. 
 
4. Payment
(a) Our Online Store accepts payment by designated credit cards or other designated electronic means as specified by us from time to time. We will not deliver the products until we have received payment in full. We reserve the right to refuse payment by any particular debit or credit card or electronic means. 
(b) Unless stated otherwise, all product prices listed are in New Zealand Dollars and include Goods and Services Tax, but exclude delivery charges. The prices listed in our Online Store may differ from the prices of the same products in our physical stores. The applicable price shall be the price listed in our Online Store as at the date of purchase.
(c) A final receipt will be issued to you when goods are delivered to your address.
(d) To provide secure online transactions, we employ Internet's Transport Layer Security (TLS) technology. It encrypts your personal information, including credit card number, name and address, so that it would not be read as information travels over the Internet.
(e) If, for whatever reason, you have overpaid on any order, please notify us as soon as possible and we will then use all reasonable endeavours to refund the difference to you as soon as possible.
(f) The following payment terms also apply:
i. Credit cards used for shopping should be valid and under the purchaser’s own name.
ii. Gift vouchers are not redeemable at our Online Store. Any transaction at our Online Store will not be recorded in Starbucks RewardsTM Stars Collection.
iii. Unless otherwise as specified by Starbucks, you may not use any Starbucks RewardsTM member benefits and rewards, physical coupons, gift certificates, Starbucks Card eGift, Starbucks Drink eGift, etc. to redeem product(s) or deduct product price in the use of Online Store.
 
5. Supply of Goods
(a) Acceptance of orders is subject to our sole discretion. We are under no obligation to accept an order. We may decline or cancel an order in our absolute discretion, including without limitation, if: 
i. you fail to pay any part of the price payable; 
ii. the product(s) are unavailable; 
iii. there is an error in the price or description of the products; 
iv. there is an error in the order you have submitted; or
v. we believe you are in breach of these Terms of Use. 
(b) We only sell and deliver products to end consumers. We are not selling our products for re-sell purpose. If we have grounds to believe that you are not purchasing our products as an end user, we reserve the right to decline or cancel your order.
(c) Title to the product shall remain vested in us until we receive full payment of the price, and risk shall pass to you upon delivery or collection of the product (as the case may be).
(d) By placing an order you represent that you are of sufficient legal age and, where applicable, of sufficient authority within your organisation, to create binding, legal obligations for any liability you or your organisation may incur as a result of you placing the order. 
(e) We reserve the right to refuse to provide the products to a customer if they violate these Terms of Use, or any applicable laws and regulations or acts in a dishonest manner. This includes, without limitation, (i) using the Online Store by a customer to conduct illegal activities such as money laundering, theft of personal information, etc.; (ii) disrupting the normal operation of the Online Store, improperly interfering with the normal operation of the Online Store, or acting in a manner that is deemed inappropriate by us; (iii) providing fake or false information, or refusing to accept a delivery order without justifiable reasons, causing us being unable to deliver the products or a severe delay in completing the delivery service, any of which action      might have occurred more than once.
(f) You agree to abide by all applicable laws and regulations and are solely responsible for your acts or omissions in connection with your use of our Online Store.
 
6. Notification for ordering
(a) Placing an order means you agree to purchase products in accordance with these Terms of Use. After receiving your order, we will acknowledge receipt of your order, however, it is not an acceptance of your order. An order shall be deemed accepted on delivery and when a final receipt is issued. We reserve the right to reject any purchase order without giving any reasons. In the event that we are unable to accept your order (for example due to payment issue), we will use reasonable endeavours to notify you by phone or email.
(b) Subject to section 8 below, unless required by consumer law, no order amendment, product exchange, order or product refund will be entertained after payment is made or order is confirmed by us.
 
7. Delivery Service
(a) Delivery charges will be advertised on or website or otherwise communicated to you during the order process. By submitting an order, you agree to the applicable delivery charges. 
(b) Our Online Store only accepts orders for delivery within the North Island and South Island of New Zealand. At our discretion we may also accept orders to overseas addresses, as may be stated in our Online Store from time to time. We do not provide any guarantee that we can or will deliver to any particular address, whether in New Zealand or overseas. Delivery service coverage may vary for remote areas.      Should you have any inquiry about delivery, please feel free to contact us through merchandise@starbucks.co.nz.
(c) If, for whatever reason, we cannot deliver the order to your nominated address, we will notify you of such issue and allow you the option to nominate a different delivery address or cancel the order. It is at our discretion to offer both or either option. Should you elect to take up an option to cancel the order, we will refund your payment (if any) as soon as possible following cancellation.
(d) Our general estimated delivery timeframe is three to five working days after your order has been processed, or as otherwise may be stated on our website or communicated to you from time to time. All expected delivery dates are estimates only. We do not provide any warranties or guarantees as to delivery timeframes, and we shall not be liable for any loss or damage incurred or suffered by the customer as a result of any late delivery.     
(e) In case where the deliveries are delayed due to unforeseen circumstances, we will use reasonable endeavours to provide you with notice of such delay. We do not accept responsibility for any errors in shipping attributable to errors in the order on the customer’s part.
(f) If you fail to receive your ordered products upon the first delivery or delivery issues are attributable to errors in the order, we reserve the right to charge you an additional delivery fee for subsequent delivery(es).
(g) In case of any dispute, our determination shall be final.     
 
8. Exchange and Refund
(a) You are required to notify us if you believe that any product has been lost or damaged in transit, or faulty or defective, or do not otherwise meet your expectations. Where appropriate we will use reasonable endeavors to make enquiries or claims with the shipping company and any other third parties as may be appropriate. If, in our absolute discretion, we are satisfied that the product(s) have been so lost or damaged in transit, or are otherwise faulty or defective, we will allow you the option to receive a replacement or refund. It is at our discretion to offer you both or either option. If you have not notified us of any such loss, damage, fault or defect within 14 days of receipt of goods, you will be deemed to have accepted the products, subject only to any warranties or your rights under New Zealand consumer law.
(b) When making any claim for exchange or refund, we reserve the right to require that a sales receipt be produced to us as proof of purchase. 
(c) All gift items must be returned together with the returned products, otherwise the retail value of the gift item will be deducted from the refund.
(d) For the avoidance of doubt, these Terms are not intended to exclude, restrict or modify any rights that you may have under New Zealand consumer law, and where you are a consumer (for the purposes of the Consumer Guarantees Act 1993), these Terms of Use are not intended to constitute the contracting out of the Consumer Guarantees Act 1993.
(e) If you use the Online Store for business or commercial purposes or you place an order in trade, then you agree that the Consumer Guarantees Act 1993 shall not apply to your use of the Online Store or any such order.
 
9. Online Store
(a) As a condition of using our Online Store, you agree, warrant and undertake as follows: 
i. Not to use the Online Store, its contents and information for any unauthorised commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by these Terms of Use; 
ii. That any information you provide to us (including personal information) is submitted for a proper true purpose and is true, complete and accurate and that you are authorised to provide us with such information; 
iii. That you will not introduce any malware (including but not limited to any virus, worm, spyware or adware) to the Online Store or any of our related systems; and
iv. That (subject to consumer law, if applicable) you have not relied on any representation, warranty or agreement relating to the products or the Online Store that is not expressly set out in these Terms of Use. 
(b) We reserve the right to change the limits of any activity and/or functionality in the Online Store at any time. 
 
10. Copyright and Trademark
(a) Unless otherwise noted, all materials on our Online Store are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Starbucks and/or its subsidiaries and affiliates or by other parties that have licensed their material to Starbucks. All rights not expressly granted are reserved.
(b) Your use of the materials included on our Online Store is for informational purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold harmless Starbucks for any and all unauthorized uses you may make of any material on our Online Store. You acknowledge the unauthorized use of the contents could cause irreparable harm to Starbucks and that in the event of an unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.
(c) Some links on our Online Store will allow you to connect with sites that are not under our control. We are providing these links only as a convenience. The appearance of a link does not imply Starbucks endorsement, nor is Starbucks responsible for the contents of any linked site. You access them at your own risk.
 
11. Indemnification
(a) At Starbucks’s request, you agree to defend, indemnify, and hold harmless Starbucks, Starbucks Corporation and their affiliated companies, independent contractors, service providers and consultants and their respective employees, contractors, agents, officers, directors, representatives, and/or advisers fully from and against any and all claims, suits, losses, damages, costs, lawsuits, fines, penalties, liabilities, and/or expenses (direct and/or indirect, and including legal fees and expenses on a full indemnity basis) that arise from or relate to the your use or misuse of Online Store, violation of these Terms of Use or violation of any rights of a third party. Starbucks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
12. Warranties; Disclaimers
(a) Starbucks is providing the Online Store to you on an "as is" and "as available" basis, and you are using the Online Store at your own risk. To the fullest extent allowable under applicable law, Starbucks disclaims all representations and warranties, whether express or implied by statute, common law, trade usage, or otherwise, including any warranties that the products are merchantable, reliable, available, accurate, fit for a particular purpose or need or satisfactory quality, non-infringing or free of defects or viruses or able to operate on an uninterrupted basis, or that the use of the Online Store by you are in compliance with laws applicable to you that your information transmitted in connection with the Online Store will be successfully, accurately or securely transmitted or received, that order will be as placed or ready at the suggested time, or that any particular item ordered will be available.
(b) Starbucks reserves the right to stop the operation of the Online Store at any time and for any reason.
 
13. No Liability
(a) To the fullest extent allowable under applicable law, in no event shall Starbucks or their affiliated companies:
i. be liable to you with respect to use of the Online Store; and
ii. be liable to you for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of your information, the inability to use the Online Store or any of its features or device failure or malfunction. Your sole remedy is to cease use of Online Store. To the fullest extent allowable under applicable law, in no event (but subject to the maximum extent permitted by applicable law) shall the aggregate liability of Starbucks, Starbucks Corporation and their affiliated companies, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Online Store, exceed any compensation you pay, if any, to Starbucks for access to or use of the online store, for a particular order giving rise to such liability. Notwithstanding anything to the contrary in these terms, nothing in these terms shall exclude or restrict Starbucks, Starbucks Corporation and their affiliated companies’ liability for death or personal injury resulting from their negligence.
(b) In no event shall Starbucks be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature or causes beyond our reasonable control including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labour disputes, riot, protest, shortages of labour or materials, fires, floods, storms, explosions, acts of God or delays or non-performance by third parties.
 
14. Amendments to These Terms of Use
(a) Starbucks encourages you to regularly check these Terms of Use, learn about the latest version, and consider whether or not to continue to use the Online Store.
(b) Starbucks has the right to revise these Terms of Use from time to time. In such case, Starbucks will publish the amended Terms of Use on its website. If you continue to use the Online Store on or after the effective date of any such amendment, it will be deemed that you accept these Terms of Use as amended.
 
15. Governing Law and Dispute Resolution
(a) These Terms are governed by the laws of New Zealand. You irrevocably consent to the non-exclusive jurisdiction of the courts of New Zealand for purposes of any legal action arising out of or related to the use of the Online Store or these Terms of Use.