In these terms:
Customer means any person who purchases a product online or offline;
mail order means the sale or a product either online or offine;
person includes a corporation sole, a body corporate, and an unincorporated body;
product means any product for sale on the website;
Stonecroft means Stonecroft Wines Limited; and
website means the Stonecroft website.
Wine Club means any Stonecroft wine club membership shown on the Membership page of the website, which the Customer has joined.
2. Liquor Licensing Laws
- 2.1 Stonecroft warrants that it has an off licence as defined in the Sale and Supply of Alcohol Act 2012 and is authorised to sell wine by mail order.
- 2.2 The Customer warrants that the Customer, or recipient of a product sent as a gift through mail order, is aged 18 years or over. Proof of age may be required on delivery.
- 3.1 Fulfilment of any order is subject to supply and Stonecroft does not accept liability to the Customer as a result of a product being unavailable.
- 3.2 If the Customer has purchased wine through a Wine Club and a wine in the Customers’s selection is not available, then Stonecroft will suggest an alternative wine and the Customer may either accept the alternative or advise Stonecroft that the Customer does not accept that alternative, in which case Stonecroft will provide a refund for that wine.
- 4.1 The price of a product is the price stated on the website at the time of the Customer’s order or the Wine Club price, if applicable.
- 4.2 Subject to Clause 4.3, Stonecroft reserves the right to vary the website price of a product from time to time.
- 4.3 The Wine Club price applicable at the later of the date the Customer signed up to the Wine Club or selected the relevant wine to be part of the Customer’s Wine Club selection will remain the same unless Stonecroft notifies the Customer, at which time the Customer will be entitled to cancel his or her membership
- 4.4 All prices are in New Zealand currency and are inclusive of GST.
- 5.1 Stonecroft will take reasonable steps to prevent any unauthorised entry into the Stonecroft database. However, Stonecroft 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 Stonecroft.
- 5.2 In order to keep the Customer’s information secure the following steps are taken:
- 5.2.1 the encryption transfer of personal data placed onto the website by the Customer; and
- 5.2.2 when the Customer’s personal data is received it is stored on a secure server protected by firewalls to try and prevent unauthorised access from the internet.
- 5.3 Stonecroft is not responsible for any loss, cost, or expenses either directly or indirectly incurred by the Customer or as a result of the Customer using the website.
- 6.1 The Customer authorises Stonecroft to collect information about the Customer.
- 6.2 Stonecroft agrees to use personal information collected about a Customer only for:
- 6.2.1 completing transactions with the Customer;
- 6.2.2 enforcing Stonecroft’s contractual rights against the Customer; and
- 6.2.3 promoting Stonecroft’s activities to the Customer.
- 6.3 The Customer acknowledges that Stonecroft will provide its employees and/or agents with the Customer’s personal information to enable Stonecroft to deliver products to or on behalf of the Customer.
- 6.4 Stonecroft will provide the Customer with access to the information held by Stonecroft in relation to that Customer.
- 6.5 Stonecroft will hold Customer information in accordance with the principles of the Privacy Act 1993 and no Customer information may be disclosed to any third party (other than in accordance with Clause 6.3) to any third party without the permission of the Customer.
- 6.6 Subject to Clause 6.7, if a Customer wishes at any time to have their details removed from Stonecroft’s records, the Customer can email Stonecroft or write to Stonecroft at 121 Mere Road RD 5, Hastings 4175.
- 6.7 If the Customer has signed up to a Wine Club, Stonecroft may retain the Customer’s details until the Customer is no longer a member of the Wine Club.
- 7.1 Each product will be delivered by courier to the Customer or the delivery address specified by the Customer.
- 7.2 If Stonecroft is unable to deliver a product to the Customer’s address or the delivery address by courier the Customer agrees that Stonecroft may arrange for the product to be delivered to a recognised freight collection or by an alternative agent such as rural post.
- 7.3 Excluding Wine Club sales, which will be sent in the relevant month shown in the details for that Wine Club, Stonecroft will endeavour to make deliveries in the North Island within 5 working days and deliveries in the South Island within 7 working days of the order. The Customer acknowledges that Stonecroft’s ability to deliver is dependent upon the delivery address.
- 7.4 Delivery is deemed to have taken place once the product has been left at the delivery address. Any instruction to leave wine unattended at the point of delivery is carried out at the Customer’s risk. Stonecroft accepts no liability for the theft, spoiling or any other damage caused to the product when it is left at an unattended delivery address.
If the Customer’s wine is found to be damaged or incorrect on delivery, the Customer should contact Stonecroft. Stonecroft will arrange collection and send a new consignment or alternatively refund the amount paid.
The Customer may terminate his or her membership of the Wine Club at any time by giving notice in writing (which may be by email).
10. Intellectual Property
All intellectual property rights in the website are owned by Stonecroft. If the Customer would like to copy or reproduce any of the site content, the Customer can contact Stonecroft asking for written permission.
Both title and risk in a product will pass to the Customer once the product is despatched from Stonecroft.
12. Site Access
The website is controlled and operated from New Zealand and is subject to the laws of New Zealand. The Customer is responsible for ensuring that its access to this site is not illegal or prohibited and for compliance with applicable local laws. The Customer may not use or export the materials in this site in violation of New Zealand laws and regulations.
- 13.1 These terms apply to any contract between Stonecroft and the Customer relating to any mail order sale.
- 13.2 Stonecroft will not be liable for any delay or failure to perform its obligations if that delay or failure is caused by any event beyond its reasonable control, provided that it promptly gives written notice of fact and circumstances of that event to the Customer and uses all reasonable endeavours to mitigate its effects.
- 13.3 These terms are be governed by and construed in accordance with the laws of New Zealand and are be subject to the exclusive jurisdiction of the New Zealand courts.