TERMS OF TRADE
In this agreement we refer to you the purchaser as "you" or "your" and TWL as "us", "we" or "our"
- This agreement applies to all purchases of TWL by you from the website
- We may amend the terms of this agreement from time to time by updating them on this site. All amendments will be effective immediately upon an update being made.
- In this agreement unless the context otherwise requires:
- "agreement" means this agreement and includes any other terms incorporated into it by reference;
- “CGA” means the Consumer Guarantees Act 1993;
- “force majeure” means an act of god, fire, act of government or state, labour dispute, strike, war, natural disaster, epidemic or any other reason beyond the control of either party;
- "information" means all information supplied by you to us via the website or otherwise and includes, for example, your name, contact details, credit card details and your payment and transactions history;
- "GST" means goods and services tax;
- "products" means all products available for purchase on our website;
- "website" means our website, accessible via the www.thewinelist.co.nz domain name.
- PURCHASE TERMS
- When purchasing products on the website you confirm and acknowledge that:
- you are over 18 years old and are legally entitled to purchase alcohol and that you can produce sufficient evidence (e.g. NZ Driver's Licence or Passport) of that entitlement on request prior to or upon delivery of the products; and
- all information supplied by you to us is true and correct at the time you make any purchase on the website;
delivery of alcoholwill not be made on Good Friday, Easter Sunday, Christmas Day or before 1pm on Anzac Day. Delivery will not be made on any day between 11pm and 6am.
- You agree that we have absolute discretion to accept or cancel any order for any reason at our sole discretion.
- Your goods are supplied to you by TWL on behalf of Red and White Cellar Limited using their TWL is license 007/OFF/9147/2017 which can be viewed here (insert hyperlink).
- Product prices quoted on our website are inclusive of GST. You must pay us the full price quoted.
- We reserve the right to vary prices of our products without notice.
- Product prices are quoted exclusive of delivery costs. Any delivery charges in relation to your order will be notified to you at the time you place your order and be added to the price.
- In the event that we misstate the price of your order we may require that you pay us the different between the amount actually paid by you in respect of your order and the correct amount payable before we deliver it. You may elect to cancel your order to the extent of the misstatement.
- PRODUCT AVAILABILITY
- All products are sold subject to their availability. We will do what we reasonably can to fulfil all purchase orders placed by you, but we will not be liable to you in the event that we are unable to supply the products specified in your purchase order. If this occurs you may cancel or vary your order by agreement with us.
- We reserve the right to limit quantities able to be ordered by you or delivered to you. If your order is reduced in accordance with this clause, the price payable by you for it will be adjusted accordingly.
- Products on special or promotion are subject to availability while stocks last.
We will use our best endeavours to despatch orders no later than [three] business days after the day your order is received by us.
- Delivery is complete when the products reach the address you have specified for delivery.
- We are entitled to assume that any person accepting delivery of the products is authorised to do so on your behalf. If no person is present at the delivery location at the time of delivery, or if you or any other person fail or refuse to take delivery of the products, the products will be left at the delivery location and be deemed to have been delivered at that point in time
If you do not think you have received your full order, you need to advise us within48 hours of delivery, otherwise you will be deemed to have accepted the Order.
- LIABILITY AND INDEMNITY
- Subject to any statutory rights available to you under law, including under the CGA, we shall not be liable, whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in a product or any other breach of our obligations under this agreement.
- We shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever related to the products or the delivery or failure to deliver any products.
- CONSUMER GUARANTEES ACT:
- You acknowledge and agree that:
- where the products are ordered for business purposes (as the term "business" is defined in the CGA), the provisions of the CGA shall not apply to the sale of the products by us; and
- nothing in this agreement is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA and all provisions of these terms shall be read as modified to the extent necessary to give effect to that intention.
- PAYMENT TERMS
- You must pay us in full and in cash or by credit card (as applicable) at the time that you submit your order on the website.
- If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.
We will charge you interest at the rate of [xx]% per month in the event of default.
- We reserve the right to recover any products for which you have not paid by the due date. You agree that we shall not be responsible for any loss or damage arising as a result of recovery and resale of the products save where such loss or damage arises from our negligence including that of our employees and contractors.
- All costs (including legal costs) associated with collection of any unpaid amounts will be charged to you in the event that your account remains unpaid.
- CANCELLATION, RETURN AND REPLACEMENT
- Subject to clause 8 of this agreement:
- After we have accepted your order for the products, you may not cancel the order without our agreement;
- Returns for credit will be given at our discretion. The cost of return is your responsibility;
- In the event that we consent to cancellation, we may require you to pay a reasonable handling charge per case or part thereof or a maximum of 15% of the total value of your order.
- CONSENT TO RECEIPT OF ELECTRONIC MESSAGES
- You agree by registering on this website that you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive regular electronic communications and promotional communications from us. You have the right to ask us at any time to stop sending online communications and promotional offers to you.
- INTELLECTUAL PROPERTY RIGHTS
- We own, control or have the right to use and provide the website and all content on the website. You may not display or distribute the content of any part of the website or its content in public, including any reproduction in any form on the Internet, without our express permission.
- GENERAL TERMS
- No delay, neglect or forbearance in a party taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice any right, of that party.
- If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the terms will remain in full force and have full effect.
- This agreement is governed by New Zealand law and any legal action against us must be taken in a court in New Zealand.
- You may not assign any rights under this agreement except with our prior written consent. We may assign our rights under this agreement without seeking your prior consent.
- This Agreement constitutes the entire agreement between us regarding the matters set out in it and supersedes any prior representations, understandings or arrangements between the parties, whether orally or in writing.
- This Agreement may not be varied except by a later written document executed by all parties.
- We shall not incur liability in respect of anything which might otherwise constitute a breach of our obligations under these terms and conditions arising by reason of force majeure.
During your use of the website, we collect and retain information provided by you. Information of this type may include, for example, your IP address, your usage statistics, etc. We will also record your contact details, credit information and any related personal details that you supply or that we obtain independently.
You acknowledge that we may use or disclose any of such information for purposes connected with the supply of the services to you, for example:
- advising you of new offers;
- to statistically analyse site usage and products purchased;
- to improve content and product offering on the site;
- to improve customer ease and satisfaction; and
- to verify the ages of purchases of wine or other liquor products on the site.
You further acknowledge that we may provide your personal details to our contractors and agents e.g. your address to a third party courier when we are needing that courier to make a delivery to you.
You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.
1.What Kind of Information We Collect and How It Is Collected
We also collects non personal information on user activity to enhance your usage and continually improve our Service and Website. This includes information such as the number of users who visit the Website and purchase the Service, the date and time of visits, the number of pages viewed, navigation patterns, what country and what systems have used the site and when entering the Website from another website, the address of that website.
2.Use and Disclosure of Your Personal Information
We may use your personal information to inform you about the Website, the Service, and offers or other matters which we believes are of interest to you or to communicate with you as required about the Service.
We may use the personal information that we have collected so that we can provide you with the Service and any related services including to:
Verify your identity;
Administer the Service;
Notify you of new or changed service offerings related to the Service;
Carry out marketing or training related to the Service;
Assist with the resolution of technical or other support issues relating to the Service;
To find trends and statistics across our customers; and
Comply with laws and regulations and our and your obligations in relation to those laws and regulations.
We may disclose your personal information, and you consent to us disclosing your personal information, to third parties engaged by us to perform functions or provide products and services on our behalf, such as processing credit card information, mail-outs, debt collection, marketing, and research and advertising.
Reports about non personal information may also be shared with and you consent to our sharing of this non personal information to our other partners and other customers provided that information does not identify you.
3.Storage and Security of Your Personal Information
We are committed to keeping your personal information secure and we will take all reasonable precautions to protect your personal information from loss, misuse or alteration. We exercise great care and implement a variety of technologies to make the Website and the Service as secure as possible against unauthorised access and to protect your personal information. We also require our staff and service providers to respect the confidentiality of your personal information.
We hold your personal information for theService using the top tier third party data hosting provider Microsoft Azure on servers located in the U.S.A. This means that your personal information will (for non-US residents) be transferred to the U.S.A. By entering your personal information into our Service you consent to this transfer. If you do not wish your data to be transferred to the U.S.A. then you should not provide us with your personal information.
Due to the nature of the Internet, we cannot guarantee that your personal information will always be secure during transmission or from unauthorised access during storage. Despite our reasonable endeavours to protect your personal information, we cannot ensure or warrant the security of any information transmitted to us and all personal information you disclose to us is at your own risk.
Please contact us immediately should you become aware or have reason to believe that there has been any unauthorised use of your personal information in connection with the Website or the Service.
4.Access to Your Personal Information
We will use all reasonable endeavours to keep your personal information accurate. Please contact us to examine your personal information if required, and we will provide a complete list of your personal information within a reasonable time of receipt of your enquiry.
You may contact us to amend any of your personal information that is inaccurate or request that your personal information be deleted. We will amend or delete your records as requested within a reasonable time of receipt of your request. If applicable, any legal requirement on us to maintain certain records of your personal information, or not to provide you with access to your personal information, shall prevail over any of your requests. We may require you to prove your identity before providing you with copies of your personal information.
In the event of a merger, acquisition or sale of the whole of part of the business of XYZ, we reserve the right to transfer your information as part of such transaction.
7.How to Contact Us