Terms and conditions
In this agreement we refer to you, the customer as "you" or "your" and Wine Export Marketers NZ Ltd (wem) t/a nzwinehome as "us", "we" or "our"
1. GENERAL
1.1 This agreement applies to all export transactions submitted by you to the nzwinehome 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 proceeding with using our export services.
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%;
"services" means all export services provided by our website;
"website" means our website, accessible via the www.nzwinehome.co.nz domain name.
3. PURCHASE TERMS
3.1 When submitting orders on the website you confirm and acknowledge that:
(a) you are legally entitled to receive alcohol in the form of wine under the local laws of your destination country.
(b) nzwinehome is not liable or responsible for any costs associated with failed delivery due to age issues
4. PRICE
4.1 Delivery prices quoted on our website are zero rated for GST. You must pay us the full price quoted.
4.2 When submitting prices of wine purchased/sold you must use the full 'retail transaction price' i.e. the
price wine was sold/purchased that includes GST & Excise tax.
4.3 We reserve the right to vary prices without notice.
5. MISTAKES IN PRICE ARISING FROM COMPUTER ERROR
5.1 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 difference between
the amount actually paid by you in respect of your order and the correct amount payable.
5.2 In the event that we become aware of any misstatement prior to delivery, we will make reasonable
endeavours to contact you and advise you accordingly. You may elect to cancel your order to the extent of the misstatement.
6. DELIVERY & TRANSIT
6.1 We will use our best endeavours to dispatch orders as per our stated delivery dates. We are not responsible for any failure to deliver or delay in delivery caused by any event outside of our reasonable control.
6.5 Delivery is complete when the products reach the address you have specified for delivery. You are required to notify us within 10 days from the date of delivery if you are concerned about the quality/condition of received product.
6.6 Nothing in these terms entitles you to return the products as being surplus to your needs, or for any other reason other than set out herein.
7. PAYMENT TERMS-
CHARGES & INVOICING
7.1 Personal deliveries; You must pay us in full and in cash or by credit card (as applicable) at the time that you submit your order unless we have agreed to give you credit.
7.2 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.
7.3 Commercial customers; if we agree to give you credit, you are required to pay us in full no later than the 20th month following date of export. We reserve the right to cancel the credit period and require that you pay us immediately.
REMEDIES FOR NON-PAYMENT
7.4 We will charge you interest at the rate of 10% per month if your account is unpaid after the due date. Interest will accrue on a daily basis and will continue to be payable even if we obtain a court judgement.
7.5 We reserve the right to recover any outstanding costs by applying a lien on future orders received.
7.6 All costs associated with collection of any unpaid amounts will be charged to you in the event that your account remains unpaid.
8. WARRANTY
You agree to supply true, correct and accurate information and data. i.e. wine values, wine details such as Alc. %, variety etc.. We will not be liable for consequences of any false declarations made to customs based on the information that you have provided. You indemnify us for loss and any costs incurred if NZ Customs or destination customs are not satisfied with the integrity of the information you have supplied.
9.1 CANCELLATION
(a) After you have submitted your order you may not cancel the order without our consent;
(b) We will not consent to cancellation if we have processed the order beyond NZ boarders.
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 or on the website;
(b) carrying out credit checks;
10.3 We will not solicit to your customers or supply your information to any unauthorized
2nd or 3rd party's without your consent.
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 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.
