Terms and Conditions
Overview
This website is operated by 5 Mile Distilling. Throughout the site, the terms "we", "us" and "our" refer to 5 Mile Distilling. 5 Mile Distilling offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms and Conditions ("Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.
We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., who provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Section 1 - Online Store Terms
By agreeing to these Terms and Conditions, you confirm that you are at least 18 years of age. If you are under 18, you may only use this site with the consent and supervision of a parent or guardian.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of these Terms and Conditions will result in immediate termination of your access to our Services.
Section 2 - General Conditions
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
This site may contain historical information provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
Section 4 - Pricing and Modifications
Prices for our products, Services, and shipping charges are subject to change without notice.
We reserve the right to modify or discontinue any product or Service (or any part thereof) at any time without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any product or Service.
Section 5 - Products and Services
We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your device's display of any colour will be accurate.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction on a case-by-case basis. We reserve the right to limit quantities, discontinue any product, or change product descriptions and pricing at any time without notice. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order, including orders placed under the same customer account, credit card, or billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you using the contact details provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account information, including your email address, so that we can complete your transactions and contact you as needed.
Section 7 - Third-Party Links
Certain content, products and Services available via our Service may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for the content or accuracy of third-party websites and will not have any liability for any third-party materials, websites, products, or Services.
We are not liable for any harm or damages related to the purchase or use of goods, Services, or content from third-party websites. Please review the third party's policies and practices before you engage in any transaction. Complaints or questions regarding third-party products should be directed to the third party.
Section 8 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 9 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice, including after you have submitted your order.
Section 10 - Prohibited Uses
In addition to other prohibitions set forth in these Terms and Conditions, you are prohibited from using the site or its content:
- for any unlawful purpose
- to solicit others to perform or participate in any unlawful acts
- to violate any applicable international, national, or local laws or regulations
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- to submit false or misleading information
- to upload or transmit viruses or any other type of malicious code
- to collect or track the personal information of others
- to spam, phish, pharm, pretext, spider, crawl, or scrape
- for any obscene or immoral purpose
- to interfere with or circumvent the security features of the Service or any related website
We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
Section 11 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are provided 'as is' and 'as available' without any representation, warranties or conditions of any kind, either express or implied.
To the maximum extent permitted by New Zealand law, 5 Mile Distilling shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any products procured using the Service.
Section 12 - Indemnification
You agree to indemnify, defend and hold harmless 5 Mile Distilling and our officers, directors, agents, contractors, licensors, Service providers, suppliers, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your violation of any law or the rights of a third party.
Section 13 - Severability
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions without affecting the validity and enforceability of any other remaining provisions.
Section 14 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
Section 15 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals between you and us.
Section 16 - Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand.
Section 17 - Changes to Terms and Conditions
You can review the most current version of these Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions at our sole discretion. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.
Section 18 - Contact Information
Questions about the Terms and Conditions should be sent to us at admin@5mile.nz
Last updated: May 2025