By purchasing products and services from the Neudorf Vineyards website, you are entering into an agreement with Neudorf Vineyards Limited (New Zealand company number 1180301) (“Neudorf Vineyards”) for the sale and purchase of wine products that you select on the basis of these terms and conditions.
This agreement applies to all purchases of Neudorf Vineyards wine products by you from Neudorf Vineyards. Neudorf Vineyard may change the terms of this agreement from time to time using the process set out in clause 18.
This is an important agreement which you must read through before purchasing wine products from our website. Making a purchase from our website indicates you have agreed to these terms and conditions.
In this agreement unless the context otherwise requires: “You” or “your” means the purchaser. “Us”, “we” or “our” means Neudorf Vineyards. “Agreement” means this agreement and includes any other terms incorporated into it by reference. “Information” means all the 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. “Products” means all products available for purchase on our website. “Website” means our website, accessible via the www.neudorf.co.nz, domain name.
3. PURCHASE TERMS
When purchasing products on the website you confirm and acknowledge that:
You are legally entitled to purchase alcohol and that you can provide sufficient evidence of that entitlement on request (e.g. NZ Driver’s Licence or Passport) 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.
Prices quoted on our website are inclusive of GST. You must pay us the full price quoted on the website at the time the order is submitted. Prices are listed in New Zealand dollars.
We reserve the right to vary our prices without notice. No adjustments are made if the price of a product increases or decreases between the time the order is submitted and the time the product is delivered.
Prices and specials in our Cellar Door and in shops and those available online may not necessarily be the same.
4. FREIGHT COST
Product prices quoted do not include 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.
5. 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 difference between the amount actually paid by you in respect of your order and the correct amount payable.
6. PRODUCT AVAILABILITY
All products are sold subject to their availability. 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.
7. TITLE & DELIVERY
Title to products purchased on our website passes on delivery of the products.
We will use our best endeavours to dispatch orders no later than two business days after the day your order is received by us.
Delivery is complete when the products reach the address or instructions you have specified for delivery. We will be responsible for arranging the delivery of products unless you arrange otherwise with us.
If we have taken responsibility for the delivery of products, we will replace at our cost any products damaged on delivery upon verification of the damaged products.
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.
8. PAYMENT TERMS. CHARGES & INVOICING
You must pay us in full by credit card at the time that you submit your order.
You agree to indemnify us against any default by your credit card company to make payment to us in full.
We use “Payment Express” to securely authorise credit card payments before any charges are made. For further information regarding “Payment Express” and how it encrypts and processes transactions, please visit www.paymentexpress.com.
We represent and warrant to you that:
We have the right to sell the products to you.
The products are not be subject to any undisclosed security or charge.
You have the right to undisturbed possession of the products.
We represent and warrant to you that the products:
Are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels.
Are reasonably fit for the purpose that we represent.
Supplied by description correspond with their description.
10. CANCELLATION, RETURN AND REPLACEMENT
Subject to clause 8 of this agreement.
After we have accepted your order for the products, you may not cancel the order without our consent.
We will not consent to cancellation if we have processed documentation in fulfilment of your order.
Returns for credit will be given at our discretion. The cost of return is your responsibility.
11. PRIVACY AND USE OF YOUR INFORMATION
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 and any related personal details that you supply.
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 products to you.
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.
12. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES
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.
13. INTELLECTUAL PROPERTY RIGHTS
All rights, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Neudorf Vineyard’s online shop and its contents owned by, and shall at all times remain the exclusive property of Neudorf Vineyards, its licensors and the providers of products accessible through Neudorf Vineyard’s online shop, and is protected by New Zealand law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to you.
Any infringement of our intellectual property rights will be fully enforced under New Zealand law.
14. GENERAL TERMS
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.
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.
Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
The website complies with the laws of New Zealand. 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.
This agreement is governed by New Zealand law and any legal action against us must be taken in a Court in New Zealand.
You may not assign any rights under this agreement except with our prior written consent.
We may assign our rights under this agreement without seeking your prior consent.
We reserve the right to make changes to the agreement as and when we feel changes are required. We encourage you to review this agreement from time to time, in particular when you are purchasing from our online store.