Terms & Conditions
Welcome to TWEAK (“TWEAK”, “we”, “our”, or “us”). These Terms & Conditions govern your use of www.tweak.co.nz (the “Website”) and your purchase of any products or services from TWEAK.
By accessing our Website, placing an order, creating an account, subscribing to our services, or purchasing our products, you agree to these Terms & Conditions. If you do not agree with these Terms, you should not use our Website or purchase our products.
These Terms should be read together with our Privacy Policy, Shipping Policy, Returns & Refund Policy, Warranty Terms, Subscription Policy and other policies published on our Website.
1. About TWEAK
TWEAK is a New Zealand business specialising in premium instant chai, instant coffee, beverage premixes, vending machines and related accessories for both retail and commercial customers.
Throughout these Terms:
- “TWEAK”, “we”, “our”, and “us” refer to TWEAK.
- “You” and “your” refer to any person accessing or using our Website or purchasing our products.
- “Products” includes food products, beverages, vending machines, accessories, spare parts and related goods.
- “Website” means www.tweak.co.nz.
2. Acceptance of Terms
By using this Website, you confirm that:
- you are at least 18 years of age or have the consent of a parent or legal guardian;
- you have the legal capacity to enter into a binding agreement;
- all information you provide is true, complete and accurate;
- you will comply with all applicable laws.
If you purchase on behalf of a business, you warrant that you have authority to bind that business.
3. Changes to These Terms
We may amend these Terms at any time. Changes become effective immediately upon publication unless stated otherwise. Continued use of our Website constitutes acceptance of the updated Terms.
4. Website Availability
We aim to keep our Website available at all times. However, we do not guarantee uninterrupted access.
The Website may occasionally be unavailable due to:
- maintenance
- upgrades
- technical faults
- internet interruptions
- cyber security incidents
- events beyond our reasonable control
We may suspend access without prior notice where necessary.
5. Website Use
You agree to use our Website responsibly and only for lawful purposes.
You must not:
- misuse or interfere with the Website;
- attempt to gain unauthorised access to any systems or accounts;
- upload malicious software, viruses or harmful code;
- use automated software, bots or scraping tools without our written permission;
- impersonate another person or organisation;
- submit false or misleading information;
- interfere with other users’ access;
- reproduce or copy Website content without permission;
- use the Website for unlawful activities.
We reserve the right to suspend or permanently block users who breach these Terms.
6. Customer Accounts
Some Website features may require you to create an account.
You are responsible for:
- maintaining the confidentiality of your login details;
- ensuring your account information remains accurate;
- all activities conducted through your account.
You must notify us immediately if you believe your account has been compromised. We may suspend or close accounts where fraud, misuse or unlawful activity is suspected.
7. Product Information
We make every reasonable effort to ensure product information is accurate.
However:
- product images are for illustration purposes only;
- colours may vary depending on your screen;
- packaging may change from time to time;
- ingredients may change where suppliers update formulations;
- product specifications may change during ongoing product improvements.
Minor differences do not constitute a product defect.
8. Pricing
Unless otherwise stated:
- prices are displayed in New Zealand Dollars (NZD);
- GST is included where indicated;
- commercial quotations may be issued excluding GST;
- prices may change without prior notice;
- promotional prices apply only during the advertised promotion period.
While every effort is made to ensure pricing accuracy, occasional errors may occur. Where a pricing error is identified before dispatch, we may:
- cancel the order and issue a full refund;
- offer the product at the correct price;
- provide an alternative product.
9. Orders
Placing an order does not automatically create a binding contract. Orders become accepted only after:
- payment has been authorised;
- stock has been confirmed;
- we issue an order confirmation.
We reserve the right to reject or cancel orders where:
- products become unavailable;
- payment cannot be verified;
- pricing errors occur;
- fraud is suspected;
- incorrect information is supplied;
- supply becomes impractical.
If payment has already been received, we will refund the applicable amount using the original payment method.
10. Payment
Payment must be made using one of the payment methods available on our Website. Orders will generally not be dispatched until payment has been successfully received unless a commercial credit account has been approved.
We use secure third-party payment providers. We do not store complete credit or debit card information on our own servers.
11. Product Availability
All products are subject to availability. Occasionally:
- demand may exceed supply;
- imported goods may be delayed;
- production schedules may change.
Where a product is unavailable, we may:
- issue a full refund;
- offer a suitable substitute;
- place your order on backorder with your agreement.
We are not liable for delays caused by circumstances beyond our reasonable control.
12. Shipping and Delivery
Estimated delivery times are provided as a guide only. Delivery times may vary due to:
- courier delays;
- weather events;
- public holidays;
- rural delivery schedules;
- customs clearance (where applicable);
- supply chain disruptions.
Risk in the Products passes to you upon delivery to the delivery address provided. Title to the Products transfers once full payment has been received.
13. Consumer Guarantees
Nothing in these Terms limits or excludes any rights you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand law where those rights cannot legally be excluded. Where Products are purchased for business purposes, and the law permits, you agree that the Consumer Guarantees Act 1993 does not apply.
14. Returns and Refunds
Returns are governed by our separate Returns & Refund Policy, which forms part of these Terms. Certain products, including opened food items and consumables, may not be eligible for return unless required by law or supplied in error.
15. Machine Warranty
Commercial beverage machines supplied by TWEAK are covered by a separate Warranty Terms & Conditions document. The warranty applies only where the machine has been:
- installed correctly;
- used in accordance with the operating instructions;
- maintained appropriately;
- serviced using approved parts where required.
Warranty exclusions are set out in the Warranty Policy.
16. Intellectual Property
All content on this Website, including but not limited to:
- logos;
- trademarks;
- business names;
- graphics;
- product photographs;
- videos;
- packaging designs;
- icons;
- software;
- written content;
- downloadable materials;
is owned by or licensed to TWEAK and is protected by applicable intellectual property laws. You may not reproduce, modify, distribute, publish, transmit or commercially exploit any content without our prior written consent.
17. Promotions and Discounts
From time to time, TWEAK may offer promotional discounts, coupon codes, giveaways or special offers. Unless expressly stated:
- promotions cannot be combined;
- promotions are subject to availability;
- promotions may end without notice;
- promotions cannot be exchanged for cash.
We reserve the right to cancel promotions where misuse or fraud is identified.
18. Limitation of Liability
To the maximum extent permitted by law, TWEAK shall not be liable for any indirect, incidental, consequential or special loss or damage, including loss of profits, business interruption or loss of data arising from the use of our Website or Products. Where liability cannot legally be excluded, our liability is limited to the remedies available under applicable New Zealand law.
19. Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control, including but not limited to:
- natural disasters;
- pandemics;
- strikes;
- transport disruptions;
- government actions;
- power outages;
- internet failures;
- cyber attacks.
Our obligations will resume once the event has ended.
20. Privacy
Your personal information is handled in accordance with our Privacy Policy. By using our Website, you consent to the collection, use and disclosure of your information as described in that policy.
21. Governing Law
These Terms are governed by the laws of New Zealand. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand unless otherwise required by law.
22. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
23. Entire Agreement
These Terms, together with all policies published on our Website, constitute the entire agreement between you and TWEAK relating to your use of the Website and the purchase of Products.
24. Contact Us
If you have any questions regarding these Terms & Conditions, please contact us:
- TWEAK
- Website: www.tweak.co.nz
- Email: info@tweak.co.nz
- Phone: +64 22 061 1243