Terms & Conditions
This agreement applies as between you, the User of this Website and The New Zealand Cellar Ltd the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
This Website is owned and operated by The New Zealand Cellar Ltd whose registered office is at Grand Union House, 20 Kentish Town Road, London, NW1 9NX. VAT number: 177277274. Company number: 08750603.
1.Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods to our customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that The New Zealand Cellar Ltd advertises and / or makes available for sale through this Website;
“The New Zealand Cellar Ltd” means The New Zealand Cellar Ltd and its employees, officers, agents, workers and affiliates;
“Service” means collectively any online facilities, tools, services or information that The New Zealand Cellar Ltd makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; “Service” means collectively any online facilities, tools, services or information that The New Zealand Cellar Ltd makes available through the Website either now or in the future;
“System” means any online communications infrastructure that The New Zealand Cellar Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by The New Zealand Cellar Ltd and acting in the course of their employment; and “Website” means the website that you are currently using (www.thenewzealandcellar.co.uk and any sub-domains of this site)
2. Purchase of Alcohol and Age Restrictions
We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By placing an order in accordance with these Terms and Conditions you confirm that you are at least 18 years of age and we or our couriers reserve the right not to deliver the Goods if we are unsure of this or to request some form of ID.
We operate a Challenge 25 age verification policy.
3. International Customers
If Goods are being ordered from outside your country of residence, import duties and taxes may be incurred once your Goods reach their destination. The New Zealand Cellar Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and The New Zealand Cellar Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering. The New Zealand Cellar Ltd makes no representation and accepts no liability in respect of the export or import of the Goods you purchase.
4. Intellectual Property
All intellectual property rights in the Website, including but not limited to copyright, is the property of The New Zealand Cellar Ltd or our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by The New Zealand Cellar Ltd.
5. Links to Other Websites and this Website
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The New Zealand Cellar Ltd or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. The New Zealand Cellar Ltd also prohibits all persons from providing hypertext or other links to the Website, (other than to our home page) from their web site or from a third party's web site without our prior written consent.
6.1 In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
6.1.1 all information you submit is accurate and truthful;
6.1.2 you have permission to submit Payment Information where permission may be required; and
6.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
6.2 It is recommended that you do not share your Account details, particularly your username and password. The New Zealand Cellar Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
6.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact The New Zealand Cellar Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, The New Zealand Cellar Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
6.4 When choosing your username you are required to adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/or deletion of your Account.
7. Termination and Cancellation
7.1 Either The New Zealand Cellar Ltd or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
7.2 If The New Zealand Cellar Ltd terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
7.3 The New Zealand Cellar Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
7.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
7.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
8. Goods, Pricing and Availability
8.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from The New Zealand Cellar Ltd correspond to the actual Goods, The New Zealand Cellar Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 12.1 for incorrect Goods.
8.2 Where appropriate, you may be required to select the required number of the Goods that you are purchasing.
8.3 The New Zealand Cellar Ltd does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the Website.
8.4 All pricing information on the Website is correct at the time of going online. The New Zealand Cellar Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
8.5 In the event that prices are changed during the period between an order being placed for Goods and The New Zealand Cellar Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
8.6 All prices on the Website are inclusive of VAT.
8.7 We must receive payment of the whole of the price of the Goods you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address provided. Acceptance of your order by The New Zealand Cellar Ltd means that a legally binding contract thereupon exists between us.
9.1 The New Zealand Cellar Ltd’ courier provider will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
9.2 If The New Zealand Cellar Ltd receives no communication from you, within 2 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
9.3 The New Zealand Cellar Ltd cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions (unless caused by our negligence).
9.4 In the event that the estimated delivery time is delayed due to a cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
10. Returns Policy
The New Zealand Cellar Ltd aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
10.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 7 days to arrange collection and return. The New Zealand Cellar Ltd is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
10.2 If any Goods you have purchased have faults when they are delivered to you, you should contact The New Zealand Cellar Ltd within 7 days to arrange collection and return. The New Zealand Cellar Ltd is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
10.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the Goods have been damaged. In any event, you should report such damage to The New Zealand Cellar Ltd within 5 working days and arrange collection and return The New Zealand Cellar Ltd will be responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
10.4 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 working days after the Goods have been delivered. If you change your mind about the Goods within this period, please notify The New Zealand Cellar Ltd that you wish to cancel the order within 14 working days of receipt of the Goods. Once you have notified us of your wish to cancel, we require you to return the goods to us at your own expense, as soon as possible and in any event no later than 28 days of receipt of the Goods.
10.5 If you wish to return Goods to The New Zealand Cellar Ltd for any of the above reasons, please contact us at [e-mail address] or [customer service telephone line] to make the appropriate arrangements.
10.6 The New Zealand Cellar Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to: 10.6.1 Any use or enjoyment that you may have already had out of the Goods; 10.6.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly; 10.6.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law.
12.1 The New Zealand Cellar Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
12.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
12.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
12.4 Whilst The New Zealand Cellar Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
13. Changes to the Service and these Terms and Conditions
The New Zealand Cellar Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If The New Zealand Cellar Ltd is required to make any changes to Terms and Conditions relating to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
14. Availability of the Website
14.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
14.2 The New Zealand Cellar Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
15. Limitation of Liability
15.1 To the maximum extent permitted by law, The New Zealand Cellar Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
15.2 Nothing in these Terms and Conditions excludes or restricts The New Zealand Cellar Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of The New Zealand Cellar Ltd.
15.3 Nothing in these Terms and Conditions excludes or restricts The New Zealand Cellar Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery or late delivery of Goods or out of reliance on incorrect information included on the Website.
15.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
15.5 [Subject to the rest of these Terms and Conditions, The New Zealand Cellar Ltd’s total liability to you for any loss or damage you sustain as a result of our failure to deliver the Goods or where we are late in making delivery should be limited to: (i) re-delivering the Goods to you within ten days of you telling us about the non-delivery or late delivery; or (ii) at our option, refunding to you the price you paid for the Goods ordered but not received, plus the delivery charge for those Goods. Which would equate to the maximum delivery charge of £12.99
16. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
17. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
18. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The New Zealand Cellar Ltd.
All notices / communications shall be given to us either by post to Grand Union House, 20 Kentish Town Road, London, NW1 9NX or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
20. Law and Jurisdiction
These Terms and Conditions and the relationship between you and The New Zealand Cellar Ltd shall be governed by and construed in accordance with the laws of England and Wales and The New Zealand Cellar Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
21. Voucher code, Promotion code & Sale Terms and Conditions
21.1 Promotion codes are only valid for orders placed online and aren't available for pick up in store.
21.2 Promotion codes entitle you, at the time of ordering, to a saving on a new order placed with The New Zealand Cellar.
21.3 The New Zealand Cellar reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed.
21.4 Promotion codes are only valid on specific products while stocks last and may be withdrawn at any time.
21.5 Only one promotion code can be used per order.
21.6 Promotion codes are not valid in conjunction with any other promotion. Offer is not valid on sale items or other discounted items.
21.7 In the event of product returns, refunds will be given for cash used in the original purchase once the discount is applied, less any shipping, for the cash component of the original order.
21.8 In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value, less any shipping, gift wrap or gift card costs charged on the original order, will be returned to the customer. The promotional discount will not be applied to replacement items, if the offer is still valid at the time of making a return - you should place a new order using the original promotional code.
21.9 In the event of part of the order being returned, the value of the promotion code will be deemed to be spread between the goods proportionately. The sum in cash exceeding this value, less any delivery or gift box costs charged on the original order, will be returned to the customer.
21.10 In the event of any returns meaning that the order no longer qualifies for the promotion advertised, The New Zealand Cellar reserves the right to deduct the value of the offer from the refund.
21.11 Free delivery offers apply to UK standard delivery only.
21.12 The New Zealand Cellar reserves the right to change these Terms and Conditions at any time.
21.13 Promotion codes found in The New Zealand Cellar’s leaflets may only apply to items advertised in the leaflet.
21.14 New Customer Promotion (£15 Free) is applicable only to new online customers and is valid until the 30th of June, 2017.
22. Referral and Welcome Credits
22.1 The New Zealand Cellar Referral Voucher has no official monetary value and can’t be exchanged, transferred, redeemed, replaced or refunded for proper cash). Use it as part or full payment for any wine purchase online at thenewzealandcellar.co.uk
22.2 Referral and welcome credits expire 12 months from the date of issue and can only be used for 1 purchase...so use it all! The New Zealand Cellar reserves the right to modify, suspend or cancel unused referral and welcome credits at any time.
22.3 The Referral Voucher can't be used again for purchase of any promotional or sale items or tickets.
22.4 The New Zealand Cellar Referral Voucher ultimately belongs to The New Zealand Cellar and can’t be transferred from person to person.
22.5 If a referred friend cancels their first order, The New Zealand Cellar will void the voucher given to the referring account holder.
22.6 Referral Vouchers can only be applied against shipped orders. Store pickup is unavailable if a Referral Voucher is used.
The New Zealand Cellar account holders can...
22.6a Refer multiple friends — there’s no limit. Referred friends must be completely new to The New Zealand Cellar. They can’t have placed an order or have been gifted The New Zealand Cellar products at any time.
22.6b Only have one The New Zealand Cellar account (which must have a problem-free history) and can’t refer themselves — sorry!
22.6c Post the unique referral link on personal social media accounts, excluding any site that is contributed to or is owned by someone else (e.g. Wikipedia and coupon websites). Note: Search Engine Marketing (e.g. Adwords, Yahoo, or Bing) or the words ‘coupon’, ‘code’, ‘promo code’, ‘discount code’, ‘voucher code’ or ‘voucher’ must not be used to promote posts.
22.6d Referred friends can only redeem their referral voucher as a referred friend if they’ve never made (or paid) for an order. They can start referring their own friends as soon as they have a The New Zealand Cellar account.