domainroad.co.nz - Terms & Conditions
Welcome to
domainroad.co.nz by Domain Road Vineyard. We exist to enable purchase of our fine wines by credit card using our website.
By using
domainroad.co.nz, you acknowledge that you have read, understood and agree to be bound by the Terms & Conditions. When you purchase wine via
www.domainroad.co.nz, you accept these Terms and Conditions, and the specific conditions that apply to that purchase. Together these terms and conditions form a legal contract between you the "Buyer" and Domain Road Vineyard, the "Seller" when you purchase Goods.
If you have any questions regarding these Terms and Conditions please contact us at
wine@domainroad.co.nz
1. PRICE AND ORDERS
1.1 All purchasers of wine from this site declare that they are 18 years of age or older.
1.2 All prices are stated in New Zealand dollars (NZ$), and include Goods and Services Tax (GST).
1.2 Prices displayed on the website are subject to change without notice. Prices for items on an Order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.
1.3 There is no obligation on the Seller to inquire as to the authority of any person placing an Order on behalf of the Buyer.
2. PAYMENT
2.1 Domain Road Vineyard operates a credit card payment process to enable you to make payment for all purchases of Goods. Your credit card details will be captured at the time you place an Order. Your Credit Card will be charged once your Order has been accepted and prior to dispatch.
2.2 Alternative payment arrangements can be made by contacting
wine@domainroad.co.nz
2.3 No Order will be shipped until payment has been received and the funds cleared.
2.4 In the event of any default in payment by the due date the Seller shall be entitled to charge interest to the Buyer at the rate of 1.5% per month until the amount owing and all interest has been paid in full.
3. DELIVERY, RISK and SECURITY
3.1 Delivery will be made to a New Zealand address nominated on the Order by the Buyer.
3.2 Delivery will usually be made within 5-7 business days.
3.3 Risk of any loss, damage or deterioration of or to the Goods passes to the Buyer on delivery (as determined in accordance with clause 3).
3.4 The Buyer acknowledges that the Seller has a security interest under the Personal Property Securities Act 1999 (‘PPSA’) in all the Goods supplied by the Seller together with any debts owing to the Buyer from the sale by the Seller of those Goods and any subsequent monies collected from such a sale.
3.5 The Buyer waives its rights under the PPSA to receive a copy of any verification statement and any financing change statement.
4. REFUND POLICY
4.1 If for any reason you are not satisfied with your purchase please call us directly. You will find our contact details on the packing slip that was delivered with your wine.
4.2 We do not have to provide a refund if you have changed your mind about a particular purchase or would like to cancel your Order, so please choose your product carefully. A refund is at our discretion and is likely to incur a booking fee of 10% of the original purchase price. This booking fee covers the transaction charge that we incur for accepting your credit card transaction, our time in processing the Order and in refunding. You may also incur the return freight charge.
4.3 If the Goods you have received are damaged, faulty or defective in anyway, notification must be made within 5 working days and this will be dealt with in accordance with clause 5.
5. WARRANTIES
5.1 In respect of any Goods supplied to a Buyer registered in New Zealand: to the extent the Goods are acquired by the Buyer for business purposes the Consumer Guarantees Act 1993 ("CG Act") does not apply;
- the Buyer agrees to indemnify the Seller against any liability or cost incurred by the Seller under the CG Act as a result of any breach by the Buyer of its obligations under the CG Act to any person; and
- nothing in these terms is intended to have the effect of contracting out of the provisions of the CG Act except to the extent permitted under that Act.
5.2 In the event of any Claim under these Terms at the Seller’s discretion Goods may be replaced or the Price refunded. These are the sole remedies available to the Buyer for default by the Seller under these terms.
5.3 In any event, the Seller’s liability arising out of any Claim or otherwise under these Terms will not exceed the Price of the Goods. No claim may be made against the Seller for consequential damages or loss of profits.
5.4 The only guarantees agreed to by the Seller are those confirmed by the Seller in writing.
6. EXCLUSION/LIMITATION of LIABILITY by DOMAIN ROAD VINEYARD
6.1 Except to the extent expressly set out in these Terms you acknowledge that Domain Road Vineyard will not be liable for any damage, loss, cost, Claim or expense arising out of or relating to:
- The supply of Goods to the Buyer except to the extent expressly set out in these Terms; or
- Your use of this site or any ‘hot linked’ site, or
- Your use of or reliance on information contained in or accessed through this site.
6.2 To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. This disclaimer does not attempt or purport to exclude liability under statute if, and to the extent, such liability cannot be lawfully excluded (such as under the Consumer Guarantees Act 1993).
6.3 Subject to the other express provisions of these Terms, the maximum liability of the Seller to the Buyer for any Claim relating to the supply of Goods and services pursuant to these Terms shall be limited to the value of those Goods and services supplied.
7. SITE CONTENT / AVAILABILITY
7.1 Although the information provided in this site is presented in good faith and believed to be correct as at the date it was submitted, we make no warranties or representations about the accuracy or completeness of this site, its contents or the content of any web site ’hot linked’ to or from this site, nor do we undertake to keep this site updated. We will not be liable for any damage, loss, claim or expense suffered as a result of the information on this site or any 'hot linked site' not being accurate or updated.
7.2 You must take your own steps to ensure that the process which you employ for accessing this site does not expose you to the risk of viruses or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to your computer system arising out of or relating to your use of this site or any ‘hot linked’ site. Any information which you transmit to us is transmitted through a secure internet system. All reasonable steps to ensure that this information is secure have been taken but we can not warrant all information will be secure at all times.
8. DEFAULT
8.1 If any Event of Default occurs, the Seller may suspend or terminate these Terms;
-
any Amount Owing will immediately become due and payable notwithstanding that the due date has not arisen; and/or
- the extent permitted by law, each security interest created by these Terms will become immediately enforceable and the Buyer must return the Goods to the Seller promptly on request or the Seller may take possession of and Sell the Goods and the Seller has all the rights of a natural person in relation to the Goods and all other rights conferred by law (including under Part 9 of the PPSA) in relation to the Goods; and
- the Seller shall not be liable for any loss or damage that results from the exercise, attempted exercise or non-exercise by the Seller of its rights under these Terms or conferred by law.
9. INTELLECTUAL PROPERTY
The Buyer acknowledges that the Seller is the exclusive owner of all Intellectual Property in any Goods and related services supplied to the Buyer under these Terms or otherwise. The Buyer will not claim any interest in the intellectual property in those Goods nor will it in any way attempt to or allow the copying or reengineering of those Goods. For the purposes of this clause ‘Intellectual Property’ means any patent, design, trade mark, copyright, know how, trade secret and any other proprietary right or form of intellectual property (whether protectable by registration or not) in respect of any technology, concept, idea, data, programme or other software (including, without limitation, source and object codes, specifications and process).
The Buyer also acknowledges that Domain Road Vineyard is the exclusive owner of the
domainroad.co.nz website and owns all intellectual property rights including copyright in the form, display and content of the website.
10. FORCE MAJEURE
10.1 Without limiting the foregoing, neither the Seller nor the Buyer will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these Terms or for any loss or damage (including indirect or consequential loss or damage) if such performance or exercise is prevented or hindered in whole or in part by reason of a Force Majeure Event. Nothing contained in this clause will excuse payment of any money due or which becomes due under these Terms.
10.2 The rights and obligations of either party which are affected by a Force Majeure Event will be suspended during the continuance of the Force Majeure Event, and either party claiming to be affected by the Force Majeure Event will give immediate notice to the other party containing full particulars of the Force Majeure Event. The party giving notice under this clause will take all reasonable steps to mitigate the effects of the Force Majeure Event and remove such Force Majeure Event provided that neither party will be required to remove any such Force Majeure Event if to do so would require it contrary to its judgement to settle a strike or labour dispute or otherwise submit to the demands of opposing parties.
10.3 If the Force Majeure Event prevents or hinders performance of these Terms for a continuous period of 180 days either party may, on not less than 14 days prior written notice to the other party, terminate these Terms.
11. USE OF INFORMATION
11.1 The Buyer agrees that Domain Road Vineyard may obtain information about the Buyer from the Buyer or any other person including any credit or debt collection agencies and direct marketing activities, and the Buyer consents to any person providing Domain Road Vineyard with such information.
11.2 The Buyer agrees that Domain Road Vineyard may use any information it has about the Buyer relating to the Buyer’s creditworthiness and give that information to any other person, including any credit or debt collection agency for credit assessment and or, debt collection purposes.
12. WAIVER
12.1 If the Seller exercises or fails to exercise or delays exercising any right or remedy available to it, this will not prejudice the Seller’s rights in exercising that or any other right or remedy unless expressly specified in writing and signed by the Seller.
13. NO ASSIGNMENT
13.1 The Buyer must not transfer or assign its rights under this contract to anyone else without the Seller’s prior consent in writing. The Seller may assign or transfer any of its rights or obligations under these Terms without the Buyer’s consent. Each assignee or transferee is to have the same rights against the Buyer under these Terms as if named as the Seller.
14. GOVERNING LAW
14.1 These Terms will be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.
15. WORDS USED IN THESE TERMS
15.1 "Amount Owing" means, at any time, all amounts owing by the Buyer to the Seller under these Terms.
15.2 "Buyer" means the person purchasing the Goods from the Seller pursuant to these Terms, including that person’s successors and assigns.
15.3 "Claim" includes any claim: for loss of profits; or for any consequential, indirect or special loss, damage or injury of any kind suffered by any person arising directly or indirectly from:
- any breach of the Seller’s obligations under these Terms; or
- any cancellation of these Terms; or
- any negligence, misrepresentation or other act or omission by the Seller or its employees, agents or contractors; or
- for compensation, demand, remedy, liability or action.
15.4 "Domain Road Vineyard" means Domain Road Vineyard, the owner and operator of the website,
domainroad.co.nz upon which the Goods are being promoted and through which they are being sold.
15.5 "Event of Default" means an event where: the Buyer fails to comply with these Terms ; or
- the Buyer commits an act of bankruptcy; or
- the Buyer enters into any composition or arrangement with its creditors; or
- if the Buyer is a company:
- the Buyer does anything which would make it liable to be put into liquidation; or
- a resolution is passed or an application is made for the liquidation of the Buyer; or
- a receiver or statutory or official manager is appointed over all or any of the Buyer’s assets. or the Buyer, its board or shareholders is considering appointing an administrator or liquidator; or
- an administrator is appointed to the Buyer;
- if anything analogous to or having similar effect to any of the other events arises.
15.6 "Force Majeure Event" means the compliance by either party with an Order or request of any governmental, provincial, local, public or military authority or person purporting to act therefore which is beyond their control or by reason of acts of God, fire, explosions, earthquakes, volcanic eruptions, storms, wars, hostilities, public disorders, quarantine restrictions, embargoes, strikes or other disturbances, or by reason of any other cause beyond its control whether or not similar to any of the foregoing.
15.7 "Goods" means all goods and/or services supplied to the Buyer by the Seller under these Terms now and at any time in the future.
15.8 "Order" means an order placed by the Buyer with the Seller for the purchase of Goods.
15.9 "Order Acknowledgement" means the acceptance of an Order communicated by the Seller to the Buyer whether by written notification or otherwise.
15.10 "Ownership" means the property in and legal and beneficial ownership to the Goods.
15.11 "Person" includes a corporation, association, firm, company, partnership or individual.
15.12 "Price" means the purchase price of the Goods as most recently specified by the Seller to the Buyer in writing or otherwise (or, if no such price has been specified, the Seller’s then-current market price for the Goods) and any taxes or duties payable under clause 1.3 and any other costs payable by the Buyer under these terms (including, without limitation, costs relating to transportation, storage and insurance).
15.13 "Seller" means Domain Road Vineyard, or if a different party, the seller of the Goods identified in the Order submitted by the Buyer to Domain Road Vineyard and each and every subsidiary and related body corporate at any time and, in each case its successors and assigns.
15.14 "Terms" means these terms of sale and, as the context requires, each contract entered into between the Buyer and the Seller for the supply of Goods and each invoice issued by the Seller to the Buyer for Goods into which these terms of sale are incorporated.
15.15 References to legislation includes as amended, re-enacted or substituted and any statutory instruments, regulations and orders issues under such legislation.
PRIVACY POLICY
Please note that
domainroad.co.nz collects and retains information regarding visitors to the site and products purchased for the following purposes:
1. Advising members of new offers
2. To statistically analyse site usage and products purchased
3. To improve content and product offering on the site
4. To improve customer ease and satisfaction.
Personal information collected for the above purposes will be retained by
domainroad.co.nz in its database. You have the right under the Privacy Act 1993 to access any personal information held about you and to request correction of the
domainroad.co.nz database. If so requested Domain Road Vineyard may make the requested correction or attach a note to the record recording that a request for correction was made but not acted upon. You can do this by sending an e-mail request to the following address
wine@domainroad.co.nz.
By placing an Order for product through the site you are also expressly authorising
domainroad.co.nz to provide your details as entered on the site (including without limit your name, address, phone numbers and credit card details) to suppliers so they can process your payment for orders placed with them for products and arrange for the delivery of those products to you (note.
domainroad.co.nz does not retain any details relating to credit cards used to order products).
Other than as set out in these terms your information will not be made available to any other organisation.
EMAIL POLICY
Where you have subscribed to CBMail on the site or where you have provided your email address in the course of placing an order you have authorised us to contact you by email to advise you of offers being advertised on the site. In general new products are released and communicated via an email with a hyperlink which allows easy access to advertisements for products on sale on the site. We may send further emails to advise you of newly released exclusive offers, particularly limited offers or offers which we think may be of particular interest to you. You may advise us at any time that you no longer wish to receive emails from
domainroad.co.nz and upon receipt of such advice we will remove your email address from our mailing list. Please note: Members who purchase product via
domainroad.co.nz will also receive an email 10 days after purchase to ensure:
1. The product has arrived safely
2. The member is satisfied with the product.
You may advise us at any time that you no longer wish to receive from us notice of offers available through this site by emailing
wine@domainroad.co.nz and upon receipt of such advice we will remove your email address from the mailing list used by us for such offers.
