WINESITE TERMS AND CONDITIONS
1. GENERAL
1.1 These Terms and Conditions apply to WineSite’s services, your use of this Website and any sales of Products entered into using the services provided by this Website. By accessing and using this Website, you accept these Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using this Website.
1.2 WineSite may amend these Terms and Conditions at any time by updating them on this Website. All amendments will be effective immediately upon an update being made (but will only apply to sales made after the amendments become effective). You are responsible for ensuring that you are familiar with the latest Terms and Conditions. By continuing to use this Website following such an update, you agree to be bound by the amended Terms and Conditions.
1.3 These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever made by WineSite, its employees or its affiliates, whether oral or written, and constitutes the entire agreement between you and WineSite relating to the subject matter of these Terms and Conditions.
1.4 No delay, neglect or forbearance by WineSite in taking enforcement action in relation to any provision of these Terms and Conditions will be a waiver, or in any way prejudice WineSite’s rights hereunder.
1.5 If any part of these Terms and Conditions is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the Terms and Conditions will remain in full force and have full effect.
2. DEFINITIONS
2.1 "Customer" means you and all other persons who purchase the Products under your Login.
2.2 "GST" means goods and services tax.
2.3 "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
2.4 "Login" means a Customer's personal password and access to the Website under that Customer’s registration.
2.5 "Products" means all the products for sale in the Website.
2.6 “Website” means this website.
2.7 "WineSite" means Spencer Enterprises Limited trading as Big Nose Wines.
3. PURCHASE TERMS
When purchasing Products on this Website the Customer confirms and acknowledges that:
3.1 The Customer is over 18 years of age and is legally entitled to purchase alcohol. The Customer warrants that the Customer can produce sufficient evidence (e.g. New Zealand Drivers Licence or passport.) of that entitlement on request prior to or upon delivery of the product.
3.2 All information supplied by the Customer to WineSite is correct at the time of purchase on this website.
3.3 WineSite may disclose the Customer’s information to its bank or Credit Card Company and for the purposes of any debt recovery proceedings WineSite may issue against the Customer.
4. PRICE
4.1 Product prices are displayed in New Zealand currency.
4.2 The price of the Products is inclusive of GST.
4.3 If the Customer requests a variation to the order which WineSite accepts then the price payable for the order will be adjusted to reflect the variation and recorded on the invoice.
4.4 WineSite may vary the prices of the Products at any time without notice.
4.5 In the event that computer error results in a material misstatement of the Customer’s order WineSite may, prior to the customer’s receipt of the completed order or at any time thereafter, require that the Customer pay WineSite the difference between the amount charged for the order and the correct amount payable.
5. PAYMENT
5.1 The Customer shall make payment of each order by credit card The Customer must pay on line as directed. WineSite accepts payment by Visa, MasterCard, Amex or Diners
5.2 The Customer is liable for all costs associated with the collection of any unpaid amounts where the Customer has defaulted on payment. The Customer agrees to indemnify WineSite against any default by his or her credit card company to make payment to WineSite in full.
6. PRODUCT RANGE AND AVAILABILITY
6.1 All Products are sold subject to their availability while stocks last. WineSite shall not be responsible for its inability to supply products to the Customer where the Product is unavailable or where stock has been exhausted.
6.2 The WineSite website does not allow back orders for Products that are not available at the time of ordering.
6.3 WineSite reserves the right to limit the range of Products available to certain areas.
6.4 WineSite reserves the right to limit quantities of the Products.
6.5 WineSite may delay dispatch of a bulk order because of temporary stock unavailability.
6.6 An order for any Product containing alcohol, made by a Customer on a Good Friday or Christmas Day (or any other day on which it is illegal to sell alcohol), shall not be accepted by WineSite immediately on placement but be deemed to have been accepted at 12.05 am the following day.
7. DELIVERY
7.1 WineSite delivers to most locations within the North and South Islands of New Zealand. Delivery is deemed to have taken place when the Products reach the address the Customer has specified for delivery.
7.2 Property and risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address.
7.3 Nothing in these Terms and Conditions entitles the Customer to refuse to take delivery or return the Products as being surplus to the Customer’s needs or for any other reason other than those agreed herein.
7.4 WineSite reserves the right to refuse delivery of the Products to the Customer for any reason whatsoever.
7.5 WineSite shall use all reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form on a timely basis. WineSite is not responsible for any failure to deliver or delay in delivery caused by any event outside its reasonable control.
7.6 The Customer is to notify WineSite info@bignosewines.co.nz immediately of a change to the delivery address and in such case the notification shall be treated as a new application for registration.
7.7 Advice regarding order shortages or damage in transit must be given to WineSite no later than three (3) days after receipt of the Products.
7.8 Where WineSite fails to deliver or delays all or part of the Customer’s order or when loss is incurred by the Customer in relation to such delivery which is within WineSite’s control, WineSite’s liability shall be restricted to payment of the cost of replacing the order of part of the order as WineSite may determine in WineSite’s sole discretion.
8. ORDER VARIATIONS/CANCELLATIONS/RETURNS
8.1 The Customer may vary or cancel the order up to the point in time that WineSite has commenced packing the order by contacting the WineSite Office on info@bignosewines.co.nz.
8.2 Subject to the Customer's consent, WineSite may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
8.3 Subject to clause 7.7, if for any reason the Customer is dissatisfied with the delivered order, the Customer must contact WineSite within five (5) days of receipt of the order info@bignosewines.co.nz for assistance.
9. DISCLAIMERS WARRANTIES AND LIMITATIONS OF LIABILITY
9.1 WineSite makes no representations or warranties of any kind express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. The Customer expressly agrees that his/her use of this site is at his/her sole risk and that he/she is buying the Products in reliance upon his/her own judgement. To the full extent permissible by applicable law, WineSite disclaims all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. WineSite does not warrant that this Website, its servers, or e-mail sent from WineSite are free of viruses or other harmful components. WineSite will not be liable for any damages of any kind including (but not limited to) contract, tort (including negligence), equity or breach of statutory duty, arising from the use of this site, including (but not limited to) indirect, incidental, punitive, and consequential damages.
9.2 The liability of WineSite whether in contract, tort (including negligence), equity or breach of statutory duty or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of WineSite obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.
9.3 Nothing in these Terms and Conditions, including clause 9.1 and 9.2, is intended to have the effect of contracting out of the provisions of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law in relation to which WineSite cannot contract out (unless and only to the extent permitted by that Act or law). To the extent, however, that liability cannot be excluded, then WineSite’s liability under that Act or law is limited (at its option) to:
(a) the price paid for the relevant Products to which the liability relates; or
(b) replacement of the Product with equivalent Product.
10. INTELLECTUAL PROPERTY
10.1 All right, title and interest in all Intellectual Property and in all concepts, systems, written, graphic and other material relating to WineSite shall at all times remain the property of WineSite. The Customer may not display or distribute the content of any part of the Website in public, including any reproduction in any form on the internet, without WineSite’s express permission.
10.2 Any infringement of WineSite’s intellectual property rights will be subject to litigation under New Zealand Law.
11. USE OF YOUR INFORMATION
11.1 The Customer’s use of this Website will generate certain information that will be recorded electronically by WineSite. Information of this type may include, for example, the Customer’s IP address, usage statistics etc. WineSite will also record the Customer’s contact details, credit information and any related personal details that the Customer supplies or that WineSite obtains independently.
11.2 The Customer acknowledges that WineSite, its employees, carriers, contractors and agents may collect, use or disclose any of the information identified in clause 11.1 for purposes connected with the supply of services to the Customer. Examples of purposes connected with supply include, for example:
(a) administration of the Customer’s order or account on the Website;
(b) carrying out credit checks;
(c) keeping the Customer up to date with new offers / changes at WineSite;
(d) sharing with contractors to enable the Customer to use or facilitate their use of the Website;
(e) undertaking any dealings or transactions with the Customer;
(f) enforcement of any legal or other rights WineSite sees fit
(g) statistically analysing Website usage and Products purchased;
(h) improving content and Product offering on the site; and
(i) improving customer ease and satisfaction.
11.3 The Customer may at any time make a written request to see any personal information that WineSite holds or to ask to correct any mistakes in that information.
12. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES
12.1 The Customer agrees by registering on this Website that he/she expressly consents to the Customer’s inclusion in WineSite’s direct marketing database and accepts that the/she may, as a result, receive regular electronic communications and promotional communications from WineSite. The Customer has the right to ask WineSite at any time to stop sending online communications and promotional offers to him/her.
13. SECURITY OF INFORMATION
13.1 WineSite shall use its best endeavours to prevent any unauthorised entry into the WineSite website. However WineSite shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
13.2 The Customer is obligated to keep his/her login and password details safe and confidential at all times.
14. JURISDICTION / DISPUTES
14.1 This Website is provided for use by New Zealand residents. WineSite makes no representations that the Website complies with the laws of any country outside of New Zealand.
14.2 These Terms and Conditions are governed by New Zealand law and any legal action against WineSite must be taken in a Court in New Zealand.
14.3 The Customer agrees that in the event of any legal dispute relating to these Terms and Conditions that, at the sole discretion of WineSite, the parties may attempt to settle matters by way of mediation at first instance.
15. ASSIGNMENT
15.1 The Customer may not assign any rights under these Terms and Conditions except with the written consent of WineSite.
15.2 WineSite may assign its rights under these Terms and Conditions without seeking the Customer’s consent.
16. NOTICES
16.1 WineSite will send all invoices and notices required to the address (postal, fax or email) that the Customer nominated as his/her preferred method of contact. It is the Customer’s responsibility to ensure that the Customer keeps WineSite informed of any changes to his/her contact details.
16.2 The Customer will be deemed to have received a notice:
(a) sent by email or fax, at the time it is sent; or
(b) sent by post, three (3) days after it is sent.