"Customer" - Any person or entity who orders products from Radburnd Cellars whether online or offline.
"Radburnd Cellars" - Radburnd Cellars Limited.
"Product" or "Products" - Products offered on the Radburnd Cellars 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 Radburnd Cellars.
"The website" - The Radburnd Cellars Online Wine Sales website www.radburndcellars.co.nz
2. Application of Terms and Conditions
(a) These terms and conditions apply to any contract between Radburnd Cellars and the customer in which the customer purchases a 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) Radburnd Cellars may vary these terms and conditions at any time without notice.
3. Licensing/Sale and Supply of Alcohol Act 2012
(a) Radburnd Cellars warrants that it is the holder of an off licence as defined in the Sale and Supply of Alcohol Act 2012, 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 and Supply of Alcohol Act 2012 (and any Regulations) as to fitness to purchase including that they, or the recipient of a gift sent through the Radburnd Cellars mail order, are aged 18 years or over. Proof of age may be required to be produced on delivery. Radburnd Cellars shall not be liable to any customer where that customer falsely confirms that he/she or the intended recipient is at least 18 years of age.
(a) Radburnd Cellars will take all reasonable steps to prevent any unauthorised entry into the Radburnd Cellars database. However, Radburnd Cellars 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 Radburnd Cellars.
(b) The measures Radburnd Cellars uses to keep customers information secure are:
(c) Radburnd Cellars 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 online forms at the customer's risk.
(a) The customer authorises Radburnd Cellars and its agents to collect, retain and use information about the customer from any relevant source in accordance with this clause 5.
(b) Radburnd Cellars agrees only to use personal information collected about a customer for the purposes connected with, the supply of services to the customer, marketing purposes and/or statistical analysis, and as otherwise set out in this clause 5.
(c) The customer acknowledges that Radburnd Cellars may provide its employees, contractors and/or agents with the customer's personal information for the purposes connected with the supply of services to or on behalf of the customer. Radburnd Cellars may also disclose personal information to a third party in relation to any proposed purchase or acquisition of its business.
(d) Radburnd Cellars will provide the customer with access to the information held by Radburnd Cellars in relation to that customer.
(e) Radburnd Cellars 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) without the permission of the customer or unless Radburnd Cellars is required by law to disclose such information.
(f) The customer has the right to request access to and correction of any personal information held by Radburnd Cellars. If you would like to exercise these rights, please email us at firstname.lastname@example.org.
(g) When you visit this website, Radburnd Cellars may use automated technology (such as usage monitoring software, cookies, and sessions) to collect and store certain information about your visit, including (without limitation):
We may contact you directly to gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches.
6. Availability of Product
(a) All products offered by Radburnd Cellars will be sold subject to their availability. Products will be as described on the website (or in accordance with clause 6(e)).
(b) Radburnd Cellars reserves the right to restrict the numbers of products available to an individual customer when available quantities are limited. Radburnd Cellars will give preference to those customers with regular standing orders or special allocations.
(c) Radburnd Cellars will advise the customer of its inability to fulfil the customer's order as soon as reasonably possible.
(d) Radburnd Cellars does not accept liability to the customer as a result of product unavailability.
(e) Customers who do not have access to the website will be advised of the products available and of the price when ordering by phone or email.
(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) Radburnd Cellars 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 (NZD) and are inclusive of GST.
(a) Radburnd Cellars proposes that payment be made by credit card. When placing an order for an account the customer will be required to indicate their preferred method of payment. Payment must be made in full at the time the order is placed.
(b) Radburnd Cellars reserves the right to require an alternative method of payment to the customer's preferred choice.
(c) Radburnd Cellars reserves the right to vary the method of payment by a customer for any reason.
(d) Orders will be dispatched once payment is received in full.
(a) Orders may be placed via the website.
(b) Radburnd Cellars may, in its absolute discretion, refuse to fulfil an order by a customer. Radburnd Cellars shall contact the customer in the first instance to inform them should this occur.
(c) The customer may cancel or change their order any time before the goods have been dispatched from the winery. In order to cancel or change the order, the customer must call Radburnd Cellars on 06 6511815 or email email@example.com.
(d) If an order is cancelled, Radburnd Cellars agree to refund the payment less any costs incurred by Radburnd Cellars on that order.
(e) Orders may be placed offline by either calling 06 6511815, emailing firstname.lastname@example.org or from the winery direct.
(a) This clause applies to delivery within New Zealand.
(b) For delivery outside of New Zealand, please contact Radburnd Cellars directly on +64 6 6511815 or by email on email@example.com.
(c) Any freight or handling charges in relation to the customer’s order will be notified to them at the time of placing the order and will be added to the total price if applicable, and shall be payable at the same time as payment for the relevant products.
(d) There will be no freight charge if the customer purchases 6 bottles (or more) going to the same delivery address.
(e) Product(s) will be delivered by courier to the customer or the delivery address specified by the customer. Radburnd Cellars may, in its absolute discretion, refuse to deliver a product(s) to a customer's address or a delivery address specified by a customer.
(f) If Radburnd Cellars is unable to deliver a product(s) to the customer's address or the delivery address by courier, the customer agrees that Radburnd Cellars may arrange for the product(s) to be delivered to a recognised freight collection or by an alternative agent such as rural post. In such a case the delivery may be delayed.
(g) Radburnd Cellars shall take all reasonable steps to make deliveries within 5 working days from confirmation of order and/or receipt of payment and based on the product being available for sale. However, the customer acknowledges that Radburnd Cellars ability to deliver is dependent upon the delivery address and location.
(h) Delivery is deemed to have taken place once the product has been left at the delivery address. Instructions from the customer to leave wine unattended at the point of delivery is done so at the customer's risk. Radburnd Cellars accepts no liability for the theft, spoiling or any other damage caused to the product when it is left at an unattended delivery address.
(i) Radburnd Cellars is not liable for failure to deliver within a reasonable time where that failure has been due to causes beyond the control of Radburnd Cellars.
(j) Where Radburnd Cellars fail to deliver or delay delivery of the customer’s order or part of, or where any loss is incurred by the customer in relation to such delivery and is within the control of Radburnd Cellars, liability shall be restricted to payment of the cost of replacing the order or part of the order, as Radburnd Cellars may determine (at its sole discretion).
(k) Advice regarding order shortages or damage in transit must be given to Radburnd Cellars as soon as reasonably practical on 06 6511815 or firstname.lastname@example.org.
(a) Title to the product(s) shall pass to the customer once the product(s) is dispatched from Radburnd Cellars, provided Radburnd Cellars has received the full price payable for those products (and any associated costs) in cleared funds.
(b) Risk in the product(s) shall pass to the customer once the product(s) is dispatched from Radburnd Cellars.
12. Guarantee of Quality
(a) Radburnd Cellars guarantee the product(s) will be delivered within New Zealand in good quality and condition.
(b) Where the customer is able to satisfy Radburnd Cellars that the delivered product(s) was not in good quality or condition at the time of delivery Radburnd Cellars agrees to replace the product(s) and/or refund the purchase price (subject to clause(c) below).
(c) Where the customer is unsatisfied with the quality of the product(s) and require a replacement or refund, the customer must notify Radburnd Cellars as promptly as is practicable.
(d) Return or replacement of product will be provided at the discretion of Radburnd Cellars.
(a) Except as provided in the Consumer Guarantees Act 1993 and in the guarantee with respect to quality in the Shipping Policy (as set out in clause 12 of these terms), 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 Radburnd Cellars in relation to product available for purchase on the website.
(b) If the customer is acquiring, or holds itself out as acquiring, the products for the purposes of trade, that customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of products by Radburnd Cellars to the customer.
(c) The customer shall keep from harm and indemnity Radburnd Cellars against all claims made by third parties against Radburnd Cellars in connection with the on-sale of the products by the customer where such claims arise from any action, inaction or negligence of the customer.
(d) The customer expressly acknowledges and agrees that Radburnd Cellars has no obligation or liability for any advice given concerning the products and they are accepted by the customer at the customer's risk. The customer must use the products for their intended purpose and in accordance with any product description. Radburnd Cellars will not be responsible for any damages resulting from the products where the purchaser does not use the goods in accordance with this clause.
14. Intellectual Property
All right, title and interest in any intellectual property in relation to all aspects of the Radburnd Cellars website and its elements and the products shall at all times remain the property of Radburnd Cellars.
15. Force Majeure
Radburnd Cellars will be excused from its obligation to a customer when Radburnd Cellars is prevented from performing its obligations by an occurrence of "force majeure".
(a) 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.
(b) This agreement is governed by New Zealand law and any legal action against us must be taken in a Court in New Zealand.
If any provision of these terms is deemed invalid, void or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.