"Customer" - Any person or entity who orders products whether online or offline.
"Te Mata Estate Winery" - Te Mata Estate Winery Limited.
"Product" or "Products" - Products offered on the Te Mata Estate Winery website
"Force majeure" - Fire, unforeseeable accident, act of God, natural disaster, any law/order/proclamation/regulation/demand or requirement of any government or government agency (including local government), strikes, labour disputes, electricity or communication failures or any other cause that is beyond the reasonable control of Te Mata Estate Winery Ltd "The website" - The Te Mata Estate Winery Online Wine Sales website for New Zealand only.
(a) These terms and conditions apply to any contract between Te Mata Estate Winery and the customer in which the customer purchases a Wine product online or offline.
(b) These terms and conditions prevail over any other purported contract between the parties (whether written or verbal) and (where permitted by such act or regulation) any act or regulation of Parliament.
(c) Te Mata Estate Winery may vary these terms and conditions at any time without notice.
(a) Te Mata Estate Winery warrants that it is the holder of an 'off' licence as defined in the Sale of Liquor Act, and as such is legally authorised to promote and deliver wine for sale by mail order.
(b) The customer warrants that they comply with all the conditions imposed in the Sale of Liquor Legislation as to fitness to purchase including that they, or the recipient of a gift sent through the Te Mata Estate mail order, are aged 18 years or over. Proof of age may be required to be produced on delivery.
(a) Te Mata Estate Winery will take all reasonable steps to prevent any unauthorised entry into the Te Mata Estate Winery data-base. However, Te Mata Estate Winery will not be liable for any loss to a customer where a third party has gained unauthorised access to a customer's information held by Te Mata Estate Winery.
(b) The measures Te Mata Estate Winery uses to keep customers information secure are:
The encryption transfer of personal data placed onto the website by the customer. Once the customer's personal data is received it will be stored on a secure server protected by firewalls to try and prevent unauthorised access from the internet.
(c) Te Mata Estate Winery will not be responsible for any loss, costs, or expenses either directly or indirectly incurred by a customer or as a result of the customer using the website. The customer uses this website and the on-line forms at the customer's risk.
(a) The customer authorises Te Mata Estate Winery to collect information about the customer from any relevant source (including the on-line forms).
(b) Te Mata Estate Winery agrees only to use personal information collected about a customer for the purposes of:
completing transactions with the customer
carrying out credit checks on the customer
checking the online service effectiveness through demographic surveys
enforcing Te Mata Estate Winery's contractual rights against the customer for promoting Te Mata Estate Winery's activities.
(c) The customer acknowledges that Te Mata Estate Winery will provide its employees and/or agents with the customer's personal information to enable Te Mata Estate Winery to deliver products to or on behalf of the customer.
(d) Te Mata Estate Winery will provide the customer with access to the information held by Te Mata Estate Winery in relation to that customer.
(e) Te Mata Estate Winery shall hold customer information in accordance with the Principles of the Privacy Act and no customer information shall be disclosed to any third party (other than in accordance with clause 5(c) above) to any third party without the permission of the customer.
(a) The website will show the range of products available to the customer online. However, due to the seasonal nature of the products offered by Te Mata Estate Winery, the customer acknowledges that there may be limited numbers of each type of product available.
(b) Te Mata Estate Winery reserves the right to restrict the numbers of products available to an individual customer when available quantities are limited. Te Mata Estate Winery will give preference to those customers with regular standing orders.
(c) Te Mata Estate Winery will advise the customer of its inability to fulfil the customer's order as soon as reasonably possible.
(d) Te Mata Estate Winery does not accept liability to the customer as a result of product unavailability.
(e) Customers who do not have access to the web-site will be advised of the range of products available and of the price either when ordering (if ordering by phone) or when the order is confirmed (if ordering by fax).
(a) The price of any product ordered by the customer shall be as per the price stated on the website at the time of the customer's order or the price advised to the customer as per clause 6(e) above.
(b) Te Mata Estate Winery reserves the right to vary the price of each product from time to time. Any price variations will be shown on the website and on the online order form.
(c) All prices are in New Zealand currency and are inclusive of GST but are subject to variation insofar as Government charges and levies, such as excise and the ALAC levy, can be altered at the Government's discretion.
(a) Te Mata Estate Winery proposes that payment may be made either by credit card (VISA /MASTERCARD) or cheque. When placing an order for an account the customer will be required to indicate their preferred method of payment.
(b) Te Mata Estate Winery reserves the right to require an alternative method of payment to the customer's preferred choice.
(c) Te Mata Estate Winery reserves the right to vary the method of payment by a customer for any reason.
(a) Except as provided in the Consumer Guarantees Act 1993 and in the guarantee with respect to quality in clause 13 of these terms and conditions, no warranty, description, representation or advice given to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise are made by Te Mata Estate Winery in relation to product available for purchase on the website.
(b) The customer expressly acknowledges and agrees that Te Mata Estate Winery has no obligation or liability for any advice given concerning the products and they are accepted by the customer at the customer's risk.
All right, title and interest in any intellectual property in relation to all aspects of the Te Mata Estate Winery website and its elements shall at all times remain the property of Te Mata Estate Winery.
Te Mata Estate Winery be excused from its obligation to a customer when Te Mata Estate Winery is prevented from performing its obligations by an occurrence of "force majeure".