Term & Conditions
In this agreement we refer to you, the purchaser as "you" or "your" and Vino Voyage Ltd "us", "we" or "our", and the name that will appear on your statement will be Vino Cellar. Below points in T&C are mainly for any unforeseen circumstances.
1.GENERAL
1.1 This agreement applies to all purchases of Vino Cellar Products by you from the Vino Cellar website and replaces all previous agreements between you and us.
1.2 We may change the terms of this agreement from time to time using the process set out in clause 17.
1.3 This agreement is important. You should ensure that you have read it thoroughly prior to purchasing any products on our website.
2.DEFINITIONS
2.1 In this agreement unless the context otherwise requires:
"agreement" means this agreement and includes any other terms incorporated into it by reference;
"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;
"late payment interest rate" means 1.5%;
"products" means all products available for purchase on our website;
"website" means our website, accessible via the www.vinocellar.co.nz domain name.
3.PURCHASE TERMS
3.1 When purchasing products on the website you confirm and acknowledge that:
(a) you are legally entitled to purchase alcohol (if products you purchase include alcohol) and that you can produce sufficient evidence (e.g. NZ Driver's Licence, Passport or 18+ card) of that entitlement on request prior to or upon delivery of the products;
(b) all information supplied by you to us is true and correct at the time you make any purchase on the website;
(c) notwithstanding the above, we may refuse to accept your order at our sole discretion;
(d) we may disclose your information to your bank or credit card company and for the purposes of any debt recovery proceedings we may issue against you; (e) An order containing alcohol made by a Customer on an Easter Sunday, Good Friday, Christmas Day or before 1pm on Anzac Day shall not be accepted by "Vino Cellar" immediately at checkout but will be deemed to have been accepted at 12.05 am the following day.
4.PRICE
4.1 Product prices quoted on our website are inclusive of GST. You must pay us the full price quoted.
4.2 We reserve the right to vary prices without notice. TRANSIT COST
4.3 Product prices are quoted exclusive of transit costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price. MISTAKES IN PRICE ARISING FROM COMPUTER ERROR
4.4 In the event that computer error results in a material misstatement of the price of your order we may, prior to your receipt of the order or at any time, thereafter, require that you pay us the different between the amount actually paid by you in respect of your order and the correct amount payable.
4.5 In the event that we become aware of any misstatement prior to delivery, we will make reasonable endeavors to contact you and advise you accordingly. You may elect to cancel your order to the extent of the misstatement.
5.PRODUCT AVAILABILITY
5.1 All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply products to you where they are not presently available or where our stock of the relevant product(s) has been exhausted.
5.2 In the event that we are unable to supply products in the quantities specified in your purchase order you may elect to cancel or vary your order by agreement with us.
6.DELIVERY & TRANSIT
6.1 We aim to ship your order within two to four business days after it's placed, and we'll send you a confirmation email once it’s on the way. Please note, while we strive for timely delivery, some delays might be beyond our control.
6.2 If for any reason we’re unable to deliver part of your order, you can choose to cancel just that portion unless we’ve been in touch to arrange a new delivery date that suits you.
6.3 In the rare event that something goes wrong with your delivery and it’s on us, we’ll either replace the items or refund the cost – whichever works best.
6.4 If there’s an issue with your order, like missing or damaged items, just let our customer service team know within a day, and we’ll sort it out.
6.5 Your order is considered complete once it reaches the delivery address you’ve provided. We ensure all packages up until they arrive safely, but we can’t cover any issues that occur after they’ve been delivered.
7.PAYMENT TERMS CHARGES
7.1 You must pay us in full by selected mode of payment at the time that you submit your order unless we have agreed to give you credit.
7.2 If the merchant has sent the incorrect order of fulfilled the order in error at no fault of the cardholder then a full refund is required to be offered to the cardholder and the return of goods is the merchants responsibility and cost.
(a) After we have accepted your order for the products, you may not cancel the order without our consent;
(b) We will not consent to cancellation if we have processed documentation in fulfilment of your order;
(c) Returns for credit will be given at our discretion. The cost of return is your responsibility;
(d) In the event that we consent to cancellation, we may require you to pay a minimum handling charge of $5.00 exclusive of GST per case or part thereof or a maximum of 15% of the total value of your order. REMEDIES FOR NON-PAYMENT
8.WARRANTIES
8.1 We represent and warrant to you that:
(a) We have the right to sell the products to you;
(b) The products are not subject to any undisclosed security or charge;
(c) You have the right to undisturbed possession of the products.
8.2 We represent and warrant to you that the products:
(a) Are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels;
(b) Are reasonably fit for the purpose that we represent;
(c) Supplied by description correspond with their description. (d) Any product packaging, taste, vintage can be different mentioned online.
9.CANCELLATION, RETURN AND REPLACEMENT
9.1 Subject to clause 8 of this agreement:
(a) After we have accepted your order for the products, you may not cancel the order without our consent;
(b) We will not consent to cancellation if we have processed documentation in fulfilment of your order;
(c) Returns for credit will be given at our discretion. The cost of return is your responsibility;
(d) In the event that we consent to cancellation, we may require you to pay a minimum handling charge of $5.00 exclusive of GST per case or part thereof or a maximum of 15% of the total value of your order.
(e) If, for any reason, you are dissatisfied with your order, please contact us within 3 days of receipt of your order on 0800 035 992 for assistance.
10.USE OF YOUR INFORMATION
10.1 During the term of this agreement your use of the website will generate certain information that will be recorded electronically by us. 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.
10.2 You acknowledge that we, our employees, carriers, contractors and agents may use or disclose any of the information identified in the previous paragraph for purposes connected with the supply of the services to you. Examples of purposes connected with supply include, for example:
(a) administration of your account with Vino Cellar or on the website;
(b) carrying out credit checks;
(c) keeping you up to date with new offers/changes at Vino Cellar;
(d) sharing with contractors to enable you to use or facilitate your use of the website.
10.3 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.
11.CONSENT TO RECEIPT OF ELECTRONIC MESSAGES
11.1 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.
12.INTELLECTUAL PROPERTY RIGHTS
12.1 We own, control or have the right to use and provide the website and all content on the website, including text, images, articles, photographs, illustrations, audio and video clips. You may electronically reproduce and store the content of the website solely for the purposes of viewing, using the services or saving website content, for your own personal use. 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.
12.2 Any infringement of our intellectual property rights will be fully enforced under New Zealand law.
13.GENERAL TERMS NO WAIVER
13.1 No delay, neglect or forbearance in 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. SEVERABILITY
13.2 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. PRIVITY
13.3 Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
14.JURISDICTION
14.1 The website is provided for use by New Zealand residents. We make no representations that the website complies with the laws of any country outside of New Zealand. If you access the website from outside New Zealand, you do so at your own risk and you are responsible for complying with the laws in the place where you use the website when purchasing products online.
14.2 This agreement is governed by New Zealand law and any legal action against us must be taken in a Court in New Zealand.
15.ASSIGNMENT
15.1 You may not assign any rights under this agreement except with our prior written consent.
15.2 We may assign our rights under this agreement without seeking your prior consent.
16.NOTICES
16.1 We will send all invoices and notices required under this agreement to the address (postal, fax or email) that you have nominated as your preferred method of contact. It is your responsibility to ensure that you keep up us informed of any changes to your contact details.
16.2 You will be deemed to have received a notice:
(a) sent by email or fax, at the time that we send it;
(b) sent by post, four days after we send it.
17.AMENDMENTS
17.1 We may change the terms of this agreement by sending you notice ("amendment notice") to that effect by your preferred contact method and supplying you with the amended agreement.
17.2 The agreement, as modified, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice.
Billing Terms and Conditions
- PURCHASE TERMS
- When purchasing products on the website you confirm and acknowledge that:
- You are legally entitled to purchase alcohol (if products you purchase include 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;
- All information supplied by you to us is true and correct at the time you make any purchase on the website;
- Notwithstanding the above, we may refuse to accept your order at our sole discretion;
- We may disclose your information to your bank or credit card company and for the purposes of any debt recovery proceedings we may issue against you.
- We may restrict your ability to purchase products via the website by imposing a credit limit on your account.
- Price
- 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 without notice. TRANSIT COST
- Product prices are quoted exclusive of transit costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price. MISTAKES IN PRICE ARISING FROM COMPUTER ERROR
- In the event that computer error results in a material misstatement of the price of your order we may, prior to your receipt of the order or at any time thereafter, require that you pay us the different between the amount actually paid by you in respect of your order and the correct amount payable.
- In the event that we become aware of any misstatement prior to delivery, we will make reasonable endeavors to contact you and advise you accordingly. You may elect to cancel your order to the extent of the misstatement.
Payment Methods
- Shop pay
- Google Pay
- Apple Pay
- Debit Card
- Credit Card (VISA, MASTER, AMEX, UNION PAY)
- Bank deposit