1.0 Delivery and risk

1. 1.1 You are responsible for insurance and risk passes in the goods from the earliest time they are picked up for delivery.
2. 1.2 You shall pay all delivery costs. If we deliver any order in instalments, then each delivery is a separate contract on these terms.
3. 1.3 You do not have the right to possess goods until they are delivered to you or collected by you. Where you ask us to deliver goods directly to another person, that person takes possession of the goods for you as your agent and you are still directly responsible to us on these terms.
4. 1.4 All claims for shortage or delivery damage must be made to the carrier and to us on the earlier of 5 business days of the date of receipt of delivery, or in the case of non-delivery due to your default or otherwise failing to accept delivery within 2 business days of the due date for delivery.

2.0 Quotations, Orders and Prices

1. 2.1 Unless otherwise agreed in writing before you place an order, prices for goods or services are those stated in our price list (which may change without notice) or otherwise in force at the date when you place the order.
2. 2.2 Unless we state otherwise in writing:
   1. Quoted prices are the New Zealand dollar price exclusive of GST and are valid only for the time stated on any quotation, or if no time is stated, on the date of quotation only.
   2. All goods will be box shipped and it is your responsibility to assemble, configure and install the goods.
3. 2.3 You must pay goods and services tax and any other government duties, levies or taxes in respect of the goods or services.

3.0 Payments and property

1. 3.1 You must pay for all goods in full before delivery or collection.
2. 3.2 All payment must be made within 3 working days from the confirmation of the order. Your payment is made only when funds have fully cleared through the banking system into our bank account. If you will pick up the goods in person, you must do so within 5 working days from the confirmation of the order. Our insurance cover for any sold goods will only be extended to 5 working days after the confirmation of the order.
3. 3.3 Property and ownership in goods, whether in their original form or incorporated in, commingled with or attached to another product, will not pass to you but will remain with us until we receive payment in full of the purchase price of the goods and all other amounts that you owe us for any reason.
4. 3.4 Where you acquire goods from us for your personal, domestic or household use, nothing in our terms and conditions will limit or derogate from rights you may have under the Credit Contracts and Consumer Finance Act and we will comply with that Act in exercising our powers under the terms and conditions.
5. 3.5 You indemnify us against all costs (including legal costs on a solicitor-client basis) and claims in respect of our exercise of rights under the terms and conditions.

4.0 Returns

1. 4.1 You acknowledge and agree that returns of goods shall only be accepted by us in accordance with our returns policy as applicable and notified to you in writing.
2. 4.2 However, nothing in these terms and conditions or in the returns policy will limit or affect any rights that a non-business consumer may have under the Consumer Guarantees Act 1993.

5.0 Warranties

1. 5.1 Where the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986 applies to the supply of goods or services under these terms and conditions, you may have additional rights under that or those Act/s.
2. 5.2 Where goods are subject to manufacturers' warranties, we will to the extent possible pass on the benefit of those warranties to you, without being directly liable to you under any warranty. You are responsible for the cost of returning goods to the manufacturer or to us under any warranty, and you may be responsible for additional costs, including (but not limited to) freight depending on the terms of the relevant manufacturers' warranty. Where you require us to do anything related to a warranty claim, you must pay our reasonable service and call-out charges unless covered by the manufacturer. You may discuss the terms of the manufacturer's warranty with us so that any associated costs and responsibilities are clear to you. We may refuse to assist with warranties if any sum that you owe us for any reason is overdue.
3. 5.3 Any warranty may be voided by unreasonable use, damage after the goods left our possession, and inadequate packaging not supplied by us and in respect of a manufacturers' warranty any other reason according to its terms.
4. 5.4 Where the goods that you acquire from us are not of a kind ordinarily acquired for personal household or domestic use or consumption, or where you acquire, or hold yourself out as acquiring, the goods or services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 and the conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017, sections 9, 12A, 13 of the Fair Trading Act 1986 or implied by common law will not apply and are excluded from these terms and conditions.

6.0 Customer Warranties

1. 6.1 If you acquire any goods or services from us for re-supply as, use or incorporation in, any goods or services ordinarily acquired for personal household or domestic use or consumption ("Consumer Products") you warrant that, to the extent permissible by law;
   1. If you supply the Consumer Products directly to an end user/consumer you will do so using terms and conditions of supply which, to the extent possible, exclude liability for any claims under the Consumer Guarantees Act 1993; and
   2. If your customer acquires any goods or services for re-supply, your customer and each person in the distribution chain will exclude liability in its contract for supply for any claims under the Consumer Guarantees Act 1993,
   but in each case only where the end user/consumer acquires the Consumer Products for business purposes.
2. 6.2 You agree to indemnify us, our suppliers and the manufacturers of any goods against any failure by you, your customers or any person in your distribution chain to properly contract out of liability to business end users/consumers under the Consumer Guarantees Act 1993.

7.0 Sale of Liquor Act

We hold a New Zealand owned off license, in accordance with New Zealand's Sale of Liquor Act, allowing us to legally promote, sell, and deliver wine through online or mail order channels. It is strictly 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. If you are under 18, it is against the law to buy liquor. By accepting our terms and conditions, you confirm that you are 18 years of age or older and that you are not purchasing our goods for individuals under the age of 18.

8.0 Limitation of liability

1. 8.1 We will not be liable for any losses of any kind or any delay in supplying goods or services which are caused in whole or in part by circumstances beyond our reasonable control.
2. 8.2 Subject to clause 8.1, our liability shall, at our option, be limited to repairing or replacing any relevant goods, resupplying any relevant services or refunding the price received and paid for the goods and/or services, and none of us, our employees, contractors or agents, any manufacturer(s) or developer of the goods, will be liable to you for loss or damage of any kind in excess of the options above. This limitation of liability includes, but is not limited to, costs (including costs of returning goods to us or to any manufacturer), loss of data, indirect, consequential or special loss, loss of contracts or loss of profits. For the avoidance of doubt, any of our employees, contractors or agents, any manufacturer(s) or developer of the goods, or any suppliers of services shall be entitled to the benefit of this clause 8.2 for the purposes of Part 2, Subpart 1 of the Contract and Commercial Law Act 2017.

9.0 Personal Information and Confidential Information

1. 9.1 We will use any personal information that you supply for credit, administration, service and marketing purposes and otherwise in accordance with our privacy policy from time to time. You have the right of access to, and to ask for correction of, your personal information.
2. 9.2 You authorise any person or company to provide us with any information we may require in response to your application for credit and/or other enquiries, and you authorise us to search the Personal Property Securities Register for any information about you (or, in the case of a company) your parent or associated companies.
3. 9.3 You consent to us sending you marketing and promotional materials including by email, text message and other electronic means in accordance with Unsolicited Electronic Messages Act 2007. You may withdraw this consent at any time using the unsubscribe facility including in such communication or by otherwise notifying us in writing.
4. 9.4 Both we and you must keep all information known to be or reasonably expected to be confidential ("confidential information") protected and held in strict confidentiality and in particular ensure their respective employees, agents and contractors maintain strict confidentiality as to all confidential information.