1. GENERAL

1.1. All the products sold on the WineLabel.co.nz website are sold subject to these terms and conditions. The Customer should ensure that they have read them thoroughly prior to purchasing any products.

1.2. These terms and conditions shall prevail over any other documentation or representation by WineLabel, its employees or its affiliates.

1.3. WineLabel may at any time, vary these terms and conditions.

1.4. No delay, neglect or forbearance by WineLabel in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice WineLabel’s rights hereunder.

1.5. 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 and conditions will remain in full force and have full effect.

2. DEFINITIONS

2.1. "Customer" means you and all other persons who purchase the products under your Login.

2.2. "GST" means goods and services tax.

2.3. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.

2.4. "Login" means a Customer's personal password and access to the WineLabel website under that Customers registration.

2.5. "Products" means all the products for sale in the WineLabel website

2.6. "Site Policy" means the website policy of the WineLabel website.

2.7. “Website” means this website, accessible via the www.WineLabel.co.nz domain name.

2.8. "WineLabel" means this Internet site being the medium by which products are offered for sale by WineLabel.co.nz to the Customer. WineLabel.co.nz Limited is owned by The Mill Liquorsave Limited.

2.9. "WineLabel fundraiser" means this Internet site assists organisations to fundraise through the sale of selected products to customers where the fundraising organisation has invited these customers to participate.

3. PURCHASE TERMS

When purchasing Products on this website The Customer confirms and acknowledges that:

3.1. The Customer is over 18 years of age and is legally entitled to purchase alcohol.  The Customer warrants that they can produce sufficient evidence (e.g. New Zealand Drivers Licence or passport.) of that entitlement on request prior to or upon delivery of the product.

3.2. All information supplied by the Customer to WineLabel. is correct at the time of purchase on this website.

3.3. WineLabel may disclose the Customer’s information to their bank or Credit Card Company and for the purposes of any debt recovery proceedings WineLabel may issue against the Customer.

4. PRICE

4.1. The Customer shall not be liable for any registration costs to register with the WineLabel website.

4.2. Product prices are displayed in New Zealand currency.

4.3. The price of the products is inclusive of GST.

4.4. WineLabel shall charge the Customer a delivery fee which covers the costs associated with picking, packing and the delivery of their order. The fee shall be identified and included in the total price at the time of purchase. WineLabel is entitled to change this fee at any time.

4.5. If the Customer requests a variation to the order which WineLabel accepts then the price payable for the order will be adjusted to reflect the variation and recorded on the invoice.

4.6. WineLabel may vary the prices of the products at any time without notice. 

4.7. In the event that computer error results in a material misstatement of the Customer’s order WineLabel may, prior to the customer’s receipt of the order or at any time thereafter, require that the Customer pay WineLabel the difference between the amount charged for the order and the correct amount payable.

5. PAYMENT

5.1. The Customer shall make payment of each order by credit card online as directed.  WineLabel accepts payment by Visa, Mastercard or Diners Club.

 
5.2. The Customer is liable for all costs associated with the collection of any unpaid amounts where the Customer's payment has defaulted.  The Customer agrees to indemnify WineLabel against any default by their credit card company to make payment to WineLabel in full.

6. PRODUCT RANGE AND AVAILABILITY

6.1. All products are sold subject to their availability while stocks last.  WineLabel. shall not be responsible for its inability to supply products to the Customer where the product is unavailable or where stock has been exhausted.

6.2. The WineLabel website does not allow back orders for specials that are not available at the point of ordering.

6.3. WineLabel reserves the right to limit the range of products available to certain areas.

6.4. WineLabel reserves the right to limit quantities of the product.

6.5. WineLabel may delay dispatch of a bulk order due to stock availability.

6.6. Gift Vouchers and Christmas Vouchers may not be purchased Online. Gift Vouchers, Christmas Vouchers and supplier vouchers can not be redeemed online.

6.7. Acceptance of an order containing alcohol made by a Customer on a Good Friday or Christmas day shall not be accepted by WineLabel immediately on placement but be deemed to have been accepted at 12.05 am the following day.

7. DELIVERY

7.1. WineLabel delivers to most locations within the North and South Islands of New Zealand.  Delivery is deemed to have taken place when the products reach the address the Customer has specified for delivery.

7.2. Property and risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address.

7.3. Nothing in these terms and conditions entitles the Customer to refuse to take delivery or return the products as being surplus to their needs or for any other reason other than those agreed herein.

7.4. WineLabel reserves the right to withhold delivery of the Products to the Customer for any reason whatsoever.

7.5. WineLabel shall use all reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form on a timely basis. WineLabel is not responsible for any failure to deliver or delay in delivery caused by any event outside its reasonable control.

7.6. The Customer is to notify WineLabel (admin@WineLabel.co.nz) immediately of a change to their delivery address and in such case the notification shall be treated as a new application for registration.

7.7. Advice regarding order shortages or damage in transit must be given to WineLabel no later than three days after receipt of products.

7.8. Where WineLabel fails to deliver or delays all or part of the Customer’s order or when loss is incurred by the Customer in relation to such delivery which is within WineLabel’s control, WineLabel’s liability shall be restricted to payment of the cost of replacing the order of part of the order as WineLabel may determine in WineLabel’s sole discretion.

8. ORDER VARIATIONS/CANCELLATIONS/RETURNS

8.1. The Customer may vary or cancel the order up to the point in time that WineLabel has commenced packing the order by contacting the WineLabel Office on 07 8471359.

8.2. Subject to the Customer's consent, WineLabel may substitute a product for another similar product if the initial product ordered by the Customer is unavailable.

8.3. Subject to clause 7.7, if for any reason, the Customer is dissatisfied with their order, they must contact WineLabel within 7 days of receipt of the order on 07 8471359 for assistance.

9. DISCLAIMERS WARRANTIES AND LIMITATIONS OF LIABILITY

9.1. WineLabel makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.  The Customer expressly agrees that their use of this site is at their sole risk and that they buy the product in reliance upon their own judgement.  To the full extent permissible by applicable law, WineLabel disclaims all warranties, express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose.  WineLabel does not warrant that this site, its servers, or e-mail sent from WineLabel are free of viruses or other harmful components.  WineLabel will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, and consequential damages.

9.2. The liability of WineLabel 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 Product or any other breach of WineLabel obligations hereunder shall not in any event exceed an amount equivalent to the price of the product.

10. INTELLECTUAL PROPERTY

10.1. All right, title and interest in all Intellectual Property and in all concepts, systems, written, graphic and other material relating to WineLabel shall at all times remain the property of WineLabel. The Customer may not display or distribute the content of any part of the Website in public, including any reproduction in any form on the internet, without WineLabel’s express permission.

10.2. The Customer confirms and warrants that artwork supplied for customised Wine label printing via the WineLabel website by the Customer does not infringe the Law of Copyright.

10.3. Any infringement of WineLabel’s intellectual property rights will be subject to litigation under New Zealand Law.

11. USE OF CUSTOMERS INFORMATION

11.1. The Customers use of this website will generate certain information that will be recorded electronically by WineLabel.  Information of this type may include, for example, the Customers IP address, usage statistics etc.  WineLabel will also record the Customer’s contact details, credit information and any related personal details that the Customer supplies or that WineLabel obtains independently.

11.2. The Customer acknowledges that WineLabel, its employees, carriers, contractors and agents may use or disclose any of the information identified in the previous clause for purposes connected with the supply of services to the Customer.  Examples of purposes connected with supply include for example:

11.2.1. administration of the Customers order or account on the website;
11.2.2. carrying out credit checks;
11.2.3. keeping the Customer up to date with new offers / changes at WineLabel;
11.2.4. sharing with contractors to enable the Customer to use or facilitate their use of the website;
11.2.5. Undertaking any dealings or transactions with the Customer;
11.2.6. Enforcement of any legal or other rights WineLabel sees fit.

11.3. The Customer may at any time make a written request to see any personal information that WineLabel holds or to ask to correct any mistakes in that information.

12. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES

12.1. The Customer agrees by registering on this website that they expressly consent to their inclusion in WineLabel’s direct marketing database and accept that they may, as a result, receive regular electronic communications and promotional communications from WineLabel.  The Customer has the right to ask WineLabel at any time to stop sending online communications and promotional offers to them.

 
13. SECURITY OF INFORMATION

13.1. WineLabel shall use its best endeavours to prevent any unauthorised entry into the WineLabel website. However WineLabel shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.

13.2. The Customer is obligated to keep their login and password details safe and confidential at all times.

14. JURISDICTION / DISPUTES

14.1. This website is provided for use by New Zealand residents.  WineLabel makes no representations that the website complies with the laws of any country outside of New Zealand. 

14.2. These terms and conditions are governed by New Zealand law and any legal action against WineLabel must be taken in a Court in New Zealand.

14.3. The Customer agrees that in the event of any legal dispute relating to these terms and conditions the parties will attempt to settle matters by way of mediation at first instance.

15. ASSIGNMENT

15.1. The Customer may not assign any rights under this agreement except without the written consent of WineLabel.

15.2. WineLabel may assign its rights under this agreement without seeking the Customer’s consent.

16. NOTICES

16.1. WineLabel will send all invoices and notices required to the address (postal, fax or email) that the Customer nominated as their referred method of contact.  It is the Customer’s responsibility to ensure that the Customer keeps WineLabel informed of any changes to their contact details.

16.2. The Customer will be deemed to have received a notice:
16.2.1. sent by email or fax, at the time it is sent;
16.2.2. sent by post, four days after it is sent.