Terms and Conditions
ONLINE TERMS & CONDITIONS
This Agreement applies to all purchases of products and services by you from the Villa Maria Estate website. A copy of our liquor licence is available here.
· Use of this Website is restricted to persons aged 18 and over.
· Villa Maria reserves the right in its sole discretion to change, alter or modify these Terms at any time and will update you of this by updating the "last updated" notice at the end of these Terms.
· By continuing to access the Website, including making a purchase from the Website, you agree to be bound by the Terms as amended from time to time. You should check from time to time to see if these Terms have changed or not.
2.1 In these Terms, unless the context otherwise requires:
“You” or “your” means the purchaser.
“Us”, “we” or “our” means Villa Maria Estate Ltd and all its trading divisions including (but not confined to) Vidal, Esk Valley, Te Awa Collection, Thornbury, Left Field and Riverstone.
“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.
“Services” means all services available for purchase on our website.
“Terms” means these online terms and includes any other terms incorporated by reference.
“Website(s)” means this website
3. PURCHASE AND DELIVERY
3.1 Alcohol purchases must be purchased and signed for on delivery by someone over the age of 18. Delivery personnel will insist on age verification if, in their opinion, you look 18 years of age or younger.
3.2 We are unable to leave alcohol unattended at an address. If there is no one over 18 available, we will be unable to complete delivery.
3.3 By purchasing from this Website, you warrant and understand that it is your responsibility to show (or to procure that the person or persons receiving the goods (the “Recipient”) to show) current identification on request. The identification must include your, or the Recipient’s:
· full name;
· date of birth;
3.4 If the goods cannot be delivered for any reason, such as you or the Recipient failing or refusing to accept the goods, or you or the Recipient failing to produce adequate identification, the goods will be returned to the depot of the delivery company, and held for you to collect for a specified period from first attempted delivery. You must produce adequate identification in order to collect the goods.
3.5 If the delivery person has reasonable grounds to believe that alcohol is not being purchased by a person aged over 18 for supply to minors, they may refuse to complete delivery.
3.6 We are unable to deliver alcohol on Good Friday, Christmas Day, or before 1pm on Anzac Day, or on any other day where alcohol delivery is prohibited by law.
3.7 We will dispatch orders within four business days after the day you have received confirmation of your order from us.
3.8 In the event that we fail to deliver any products, you may elect to cancel your order in respect of those products, unless you have agreed to delivery at a later date.
3.9 Our liability in respect of any failure or delay in delivering your order shall be limited to the amount paid in respect of that order.
3.10 Product prices quoted do not include transit costs.
3.11 Transit costs may vary for some deliveries (for example, oversize orders or rural delivery). These charges will be notified to you at the time you place your order and be added to the price. Purchases made on our website will be delivered only within New Zealand.
3.12 We are deemed to have fulfilled our obligations upon first attempted delivery of the goods I.e. we are not obliged to make a second or repeated attempts to deliver any goods you have ordered. See paragraph 3.4 above for what will happen if a delivery cannot be made for any reason.
4. PRICE & PAYMENT
4.1 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 given in New Zealand dollars.
4.2. We reserve the right to vary our prices without prior notice. No adjustments are made if the price of a product decreases between the time the order is submitted and the time the product is delivered.
4.3 Offers available in our Cellar Shop and those available online may vary. All products are sold subject to their availability. Promotional items may be available in limited quantities.
4.4 In the event that there is a material misstatement of price on the Website in respect of the product you have ordered, we will contact you to ask if you wish to pay the price difference. If you decline, we reserve the right to cancel your order.
4.5 You must pay us in full at the time that you submit your order.
4.6 We will not consent to cancellation if we have processed documentation in fulfilment
4.7 We will send all invoices to the physical or digital address that you have nominated as your preferred method of contact. It is your responsibility to ensure that you keep up us informed of any changes to your contact details.
4.8 We may restrict your ability to purchase products via the website by imposing a credit limit on your account.
5. REFUND POLICY
5.1 If for any reason you are not satisfied with your purchase please call us directly on 0800 505656
5.2 If the products you have received are damaged, faulty or defective in anyway, notification must be made to us within 5 working days of receipt of the products.
5.3 You acknowledge and agree that if product returns are accepted by us that you may receive a credit for products returned only if we have consented in writing. However, nothing in these Terms will limit or affect any rights you may have under the Consumer Guarantees Act 1993. The cost of return is your responsibility.
5.4 You may be entitled to a refund for the products under the Consumer Guarantees Act 1993 (“Act”) where the Act applies to you and there has been a substantial failure of the products. We will ask you information relevant to the return of the products to enable us to satisfy our requirements under the Act. We will not have to give you a refund if you fail to give us this information. We reserve the right to review the condition and age of returned products before we agree to provide a refund. This may result in a refund being refused.
5.5 If we agree to cancel your order when you have returned products, we may, in our discretion, require you to pay a minimum handling charge of $4.00 exclusive of GST per case or part thereof or a maximum of 15% of the total value of your order.
6.1 To the maximum extent permitted by law, this Website is provided to you on an "as is" basis, and Villa Maria Estate gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including but not limited to: delivery; or any warranties or representations that material on this Website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this Website will be un-interrupted or error-free; that this Website will be secure; that any advice or opinion obtained from Villa Maria through this Website is accurate or to be relied upon, and any representations or warranties thereto are expressly disclaimed.
7. USE OF YOUR INFORMATION
7.1 Your use of the Website will generate certain information that will be recorded electronically by us, including, for example, your IP address, your usage statistics. We will also record your contact details, credit information and any related details that you supply or that we obtain independently. We will not use your information other than as disclosed in this Agreement.
7.2 Subject to clause 8 and 9 below, 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 services to you, including, for example:
(a) administration of your account with Villa Maria Estate or on the website.
(b) carrying out credit checks.
(c) keeping you up to date with new offers/changes at Villa Maria Estate
(d) sharing with contractors to enable you to use or facilitate your use of the website.
8.1 Where information disclosed through your use of this Website is personal information for the purposes of the Privacy Act 2020, it will be dealt with in accordance with the Act.
8.2 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.
9. 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 direct us, at any time, to stop sending online communications and promotional offers to you.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The trademarks, logos, characters and service marks displayed on this Website belong to Villa Maria Estate or its affiliates. Nothing contained on this Website should be construed as granting any licence or right to use any trademark displayed on this Website. Your use/misuse of these trademarks or of any other content on this Website, except as provided for in these Terms, is strictly prohibited.
10.2 Villa Maria Estate and its affiliates reserve all their rights to enforce their intellectual property rights to the fullest extent of the law.
11. GENERAL TERMS
11.1 No waiver: 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.
11.2 Severability: If any part of these terms is deemed to be invalid, illegal or unenforceable, the remainder of the terms will remain in full force and effect.
11.3 Jurisdiction: This agreement is governed by New Zealand law and the parties submit to the exclusive jurisdiction of the courts of New Zealand.
11.4 Assignment: 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.
11.5 Force Majeure: Villa Maria shall not be liable in respect of any breach of these Terms, where such breach or alleged breach arises out of circumstances beyond its control, including but not limited to acts of God; natural disasters; pandemics; sabotage; accident; riot; shortage of supplies, equipment, materials; strikes and lockouts; civil commotion; computer hacking; or malicious damage.
11.6: Prior Agreements: These terms replace all previous agreements between you and us.
11.7: Conflict of terms: In the event these Terms conflict with the terms of any invoice issued to you, the terms of the invoice shall prevail.
11.8: Notices: Any notices shall be posted on this Website from time to time. It is your responsibility to check. These Terms were last updated on 18 May 2020.