1. Use of Website and Agreement to Terms
1.1 You agree to be bound by all the provisions of these Terms where:
a.) You use this Website; or
b.) Purchase goods or Services from Us from this Website.
1.2 These Terms are important and You should read these Terms before proceeding to use the Website including making a purchase of Products or Services from the Website. By using or purchasing from the Website, You are agreeing to be bound by these Terms.
1.3 We hold a licence in accordance with New Zealand’s legislation regulating the supply of alcohol allowing Us to legally promote, sell, and deliver alcohol through online or mail order channels. It is prohibited for Us to sell alcohol to individuals under the age of 18. Furthermore, it is unlawful for anyone under 18 to provide false information about their age for the purpose of purchasing alcohol.
1.4 If You are under 18, it is against the law to use this Website to buy alcohol. By using this Website and purchasing alcoholic Products, You confirm that You are 18 years of age or older and that You are not purchasing alcoholic Products for individuals under the age of 18.
2. Definitions
2.1 In these Terms, unless the context otherwise requires:
“You” or “Your” means the purchaser.
“Us”, “We” or “Our” means Oraterra Limited and all its affiliates and related entities including (but not confined to) “4Kiwis Holdings Limited” and “Oraterra”
“GST” means goods and services tax.
“PersonalInformation” means all the information supplied to Us via the Website or otherwise and includes, for example, Your name, contact details, credit card details and Your payment and transactions history
“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 conditions and includes any other terms incorporated by reference and any amendment or variation that may occur from time to time.
“Website” means this website.
3. Purchase Terms
3.1 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.
3.2 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.
3.3 Prices available at Our cellar door and at retail outlets and those available online may vary.
3.4 In the event that there is a material misstatement of price on the Website in respect of the Product You have ordered or miscalculation of the price of Your order, 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.
3.5 You must pay Us in full at the time that You submit Your order.
3.6 All products are sold subject to their availability. Promotional items may be limited as to quantity. 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.
3.7 We will send all invoices to the digital address that You have nominated as Your preferred method of contact. It is Your responsibility to ensure that You keep Us informed of any changes to Your contact details.
3.8 We may restrict Your ability to purchase Products via the Website by imposing a credit limit on Your account.
3.9 Orders are accepted at Our sole discretion, and We maintain the right to decline orders at any time prior to delivery without explanation.
3.10 We make every effort to protect Our customer’s Personal Information and payment details. All online purchases are processed through a secure payment provider Stripe. Stripe both hosts and manages the payment gateway on Our Website. Stripe is committed to data security and uses a variety of technologies and procedures to help protect Personal Information from unauthorised access. Stripe uses encryption to transmit all sensitive information such as credit card numbers. They also adhere to the Payment Card Industry Security Standard (PCI DSS) governed by the PCI Security Standards Council to ensure they maintain the highest safety standards with regard to transmitting and storing sensitive card holder data. For more details regarding the Stripe Privacy policy visit https://stripe.com/nz/privacy.
4. Delivery and Title
4.1 Title to Products purchased on Our Website passes on delivery of the Products.
4.2 Product prices quoted do not include delivery costs.
4.3 Delivery 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.
4.4 We will use Our best endeavours to dispatch orders no later than four business days after the day Your order is received by Us and You have received confirmation of Your order from Us via email or equivalent. We are not responsible for any failure to deliver or delay in delivery caused by any event outside Our reasonable control.
4.5 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 make alternative arrangements that are accepted by Us by email.
4.6 If the Products cannot be delivered for any reason, such as You or the recipient failing or refusing to accept the Products, or You or the recipient failing to produce adequate identification, the Products 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 Products.
4.7 We are deemed to have fulfilled Our obligations upon first attempted delivery of the Products. We are not obliged to make a second or repeated attempts to deliver any Products You have ordered. See paragraph 4.6 above for what will happen if a delivery cannot be made for any reason.
4.8 In the event that We fail to deliver any Products, We will cancel Your order only for the Products not delivered unless We have contacted You and You have agreed to delivery at a later date.
4.9 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 or part of the order not delivered.
5. Credits, Returns and Cancellations
5.1 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 in these Terms.
5.2 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.
5.3 Claims regarding order shortages, damage in transit or defective Products must be given to Our Customer Services team no later than three days after receipt of Products. The Customer Services team can be contacted atwine@oraterra.nz.
5.4 In any other circumstances any Credits sought for Products returned are at Our discretion and:
(a) must be returned by You within 10 days of delivery;
(b) You shall bear all costs of return freight.
(c) the Products must be in good saleable condition in the original containers, unsoiled and undamaged;
(d) no Products which have been specifically manufactured by Us at Your request may be returned;
(e) procured Products or Products sold on a special are not returnable;
(f) You must pay a minimum handling charge of $15 exclusive of GST per case or part thereof or a maximum of 15% of the total value of Your order.
5.5 If the Order provides for delivery by instalments, each instalment shall be deemed to be the subject of a separate contract and a non-delivery or delay in delivery of any instalments shall not affect the balance of the Order or entitle You to cancel the Order.
5.6 You may be entitled to a refund under the Consumer Guarantees Act 1993 (“Act”) where the Act applies to You and the Product is defective. 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.
6. Warranties and Liability
6.1 If You acquire the Products for the purpose of a business then;
(a) The provisions of the Consumer Guarantees Act 1993 are expressly contracted out of to the extent permitted by the Consumer Guarantees Act.
(b) Except as provided in these Terms We have no obligation to You or Your customers for sales by You to Your customers and You will be responsible for all warranties, representations and Terms of sale You enter into with Your customers.
6.2 To the fullest extent permitted by law, We exclude all liability for any loss or damage that results from Your use of Our Website and any Services or Products We provide, including from all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damages, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity).
6.3 If You are a consumer using Our Website or purchasing Products from Us for non-business activities then nothing in these Terms and conditions is intended to abrogate any rights You might have under the Consumer Guarantees Act 1993 (if any).
6.4 We are not responsible for any specifications or requirements You have in respect to Our Products it being Your exclusive responsibility to ensure that the goods supplied under this contract will be satisfactory to meet Your specifications or requirements (or both).
6.5 Our total liability whether in contract tort or otherwise for any loss damage or injury arising directly or indirectly from any defect in or non-compliance of the goods or any part thereof or for any other breach of any obligation under these Terms or in respect of any other matter whatsoever will not in any event exceed the price of the Products (or the part thereof as the case may be) upon which such liability is based.
6.6 We shall have no liability to You if We are unable to perform Our obligations due to events outside Our control.
6.7 Any claim by You against Us must be notified to Us within 30 days from delivery of the Products.
7. Disclaimer
7.1 While We will do Our best to make sure that the Website is available, We cannot guarantee that it will always be uninterrupted or that Your access will be error-free, or that any use of Our Website will be free from viruses, faults or defects.
7.2 Although We make reasonable efforts to update the information on Our site, We make no representations, warranties or guarantees, whether express or implied, that the content on Our site is accurate, complete or up to date.
7.3 We may at any time without notice suspend or withdraw or restrict the availability of all or any part of Our Website for business or operational reasons.
7.4 Links or references to other Websites are provided for Your convenience only. Other Websites are not under Our control. We have not reviewed them, and We do not endorse or assume responsibility for their contents. If You wish to link to this Website, You must not do anything which alters Our Website or interferes with how it works.
7.5 Our Website is operated by Us from New Zealand. The information on Our Website may not be appropriate or available for use in other jurisdictions. If You choose to access Our Website from a jurisdiction other than New Zealand, You do so at Your own risk and You are responsible for compliance with any applicable laws of that jurisdiction.
8. Intellectual Property
8.1 The trademarks, logos and service marks displayed on this Website belong to Us or Our affiliates. Nothing contained in this Website should be construed as granting any licence or right to use any trademark or other intellectual property contained on this Website. Your use of any of Our intellectual property or other content on this Website except as allowed under these Terms is strictly prohibited.
8.2 We reserve all Our rights to enforce Our intellectual property rights to the fullest extent of the law.
9. Consent to Receipt of Electronic Messages
9.1 You agree by using 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.
9.2 You may advise Us at any time that You no longer wish to receive from Us notice of offers available through this site by notifying us atwine@oraterra.nzand upon receipt of such advice We will remove Your email address from the mailing list used by Us for such offers.
10. Collection and Use of Personal Information
10.1 Your use of the Website will generate certain information that will be recorded electronically by Us, including, for example, Your usage statistics. We will also record Your contact details, credit information and any related details that You supply or that We obtain independently.
10.2 For information about how We collect, use, and disclose Your Personal Information, please consult Our Privacy Policy atwww.oraterra.nz/privacy-policy.
11. General
11.1 These Terms may be changed from time to time with any changes effective upon posting of the revised Terms to our Website. We encourage You to regularly check these Terms for any changes.
11.2 You may not assign any rights under these Terms except with Our prior written consent.
11.3 We may assign Our rights under these Terms without seeking Your prior consent.
11.4 If at any time We do not enforce any of these Terms or conditions, or grant You time or any other indulgence, We will not be construed as having waived that term or condition or Our rights to later enforce that, or any other, term or condition.
11.5 If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
11.6 These Terms are governed by the laws of New Zealand and all disputes or claims in relation to these Terms will be subject to the exclusive jurisdiction of the New Zealand courts.
