Cellar Select Website Terms & Conditions
In this agreement we refer to you, the purchaser as "you" or "your" and Top Value Liquor Association t/a Cellar Select as "us", "we" or "our"
1. GENERAL
1.1 This agreement applies to all products of Cellar Select wines by you from the Cellar Select website and replaces all previous agreements between you and us.
1.2 We may change the terms of this agreement from time to time using the process set out in clause 17.
1.3 This agreement is important. You should ensure that you have read it thoroughly prior to purchasing any products through our stores.
2. DEFINITIONS
2.1 In this agreement unless the context otherwise requires:
"agreement" means this agreement and includes any other terms incorporated into it by reference;
"information" means all information supplied by you to us via the website or otherwise and includes, for example, your name and contact details
"GST" means goods and services tax;
"products" means all products available on our website through our stores;
"website" means our website, accessible via the www.cellarselect.co.nz domain name.
3 PRICE
3.1 Product prices quoted on our website are inclusive of GST.
3.2 We reserve the right to vary prices without notice.
3.3 Stores prices may vary from store to store. See each store for their individual specials.
3.4 Pricing on products on special promotions is set while stocks last - customer may need to order a full case if products has sold through (please discuss with your nearest store).
TRANSIT COST
3.3 Product prices are quoted exclusive of transit costs
4 MISTAKES IN PRICE
4.1 In the event that we become aware of any misstatement, we will make reasonable endeavours to contact you and advise you accordingly.
4.2 We take the responsibility of Sale of Liquor very seriously and do not approve of selling alcoholic beverages as 'loss leaders' or at a price point that encourages excessive consumption. Therefore should any misstatement or error occur in pricing in such manner we endeavour to place an immediate Disclosure to ensure that we do not break our Policy of Repsonsible Alcohol providers.
5. PRODUCT AVAILABILITY
5.1 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.
5.2 Should any product not be in stock at the time of ordering a seven day lead-time at any time may apply.
5.3 In the event that we are unable to supply products in the quantities specified in your purchase order you may elect to cancel or vary your order by agreement with us.
6. DELIVERY & TRANSIT
6.2 In the event that we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered unless we have contacted you and you have agreed to delivery at a later date.
6.3 Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).
6.4 Advice regarding order shortages or damage in transit must be given to our head office no later than three days after receipt of products.
6.5 Delivery is complete when the products reach the address you have specified for delivery. We will be responsible for arranging the delivery of products unless you arrange otherwise with us.
6.6 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 herein.
7. PAYMENT TERMS
7.1 Payment required at time of purchase according to each stored individual trading terms. Please contact your local store for further information.
8. WARRANTIES
8.1 We represent and warrant to you that:
(a) Our stores have the right to sell the products to you;
(b) The products are not be subject to any undisclosed security or charge;
(c) You have the right to undisturbed possession of the products.
8.2 We represent and warrant to you that the products:
(a) Are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels;
(b) Are reasonably fit for the purpose that we represent;
(c) Supplied by description correspond with their description.
9. CANCELLATION, RETURN AND REPLACEMENT
9.1 Subject to clause 8 of this agreement:
(a) After we have accepted your order for the products, you may not cancel the order without our consent;
(b) We will not consent to cancellation if we have processed documentation in fulfilment of your order;
(c) Returns for credit will be given at our discretion. The cost of return is your responsibility;
(d) In the event that we consent to cancellation, we may 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.
10. USE OF YOUR INFORMATION
10.1 During the term of this agreement your use of the website will generate certain information that will be recorded electronically by us. Information of this type may include, for example, your IP address, your usage statistics, etc. We will also record your contact details, credit information and any related personal details that you supply or that we obtain independently.
10.2 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. Examples of purposes connected with supply include, for example:
(a) administration of your account with Cellar Select;
(b) carrying out credit checks;
(c) keeping you up to date with new offers/changes at Cellar Select;
10.3 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.
11. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES
11.1 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 ask us at any time to stop sending online communications and promotional offers to you.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 We own, control or have the right to use and provide the website and all content on the website, including text, images, articles, photographs, illustrations, audio and video clips. You may electronically reproduce and store the content of the website solely for the purposes of viewing, using the services or saving website content, for your own personal use. You may not display or distribute the content of any part of the website or its content in public, including any reproduction in any form on the Internet, without our express permission.
12.2 Any infringement of our intellectual property rights will be fully enforced under New Zealand law
13. GENERAL TERMS
NO WAIVER
13.1 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.
SEVERABILITY
13.2 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 will remain in full force and have full effect.
PRIVITY
13.3 Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
14. JURISDICTION
14.1 The website is provided for use by New Zealand residents. We make no representations that the website complies with the laws of any country outside of New Zealand. If you access the website from outside New Zealand, you do so at your own risk and you are responsible for complying with the laws in the place where you use the website when purchasing products online.
14.2 This agreement is governed by New Zealand law and any legal action against us must be taken in a Court in New Zealand.
15. ASSIGNMENT
15.1 You may not assign any rights under this agreement except with our prior written consent.
15.2 We may assign our rights under this agreement without seeking your prior consent.
16. NOTICES
16.1 We will send all notices required under this agreement to the address (postal, fax or email) 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.
16.2 You will be deemed to have received a notice:
(a) sent by email or fax, at the time that we send it;
(b) sent by post, four days after we send it.
17. AMENDMENTS
17.1 We may change the terms of this agreement by sending you notice ("amendment notice") to that effect by your preferred contact method and supplying you with the amended agreement.
17.2 The agreement, as modified, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice.
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