Terms and conditions of Trade
1. Applications of Terms
1.1 The following terms and conditions of trade ("Terms") are applicable to the provision by Love Wine NZ Limited ("Company") of wine products through their online service ("Services") to customers ("Customers")
1.2. References to "us", "we" and/or "our" in these Terms shall mean the Company and references to "you" and "your" shall mean the Customers using the Services provided by us.
2. Performance, Delivery and Shipping
2.1. We will use all reasonable commercial efforts to provide the Services in an efficient and timely manner.
2.2. You agree and acknowledge that from the date you commence use of our Services this constitutes the date of acceptance by you of these Terms and creates a binding contract between us and you.
2.3. We will, where practicable, advise you of any matter, circumstance or instruction that may affect the timely delivery or quality of the Services and/or constitute a variation to the Services. No material variation to the Services shall be binding unless recorded in writing and signed by us and you.
2.4. All shipping is arranged by us and conducted by a third party. Shipping generally takes from 4 to 6 weeks, this is dependent on processing times at customs and other potential constraints outside of our control. In all cases, including where there is an unforeseen delay will use best endeavours to get the product to you as soon as possible.
3. Fees and Refund
3.1. You shall pay our fee for the Services in accordance with the instructions on the site through which you conduct your purchase.
3.2. Prices on our website include shipping, unless otherwise specified. We collect the delivery fee on behalf of nzwinehome.
3.3. You will not be entitled to a refund or replacement as a result of change of mind or for any purchaser error. We will only provide a refund or replacement where strictly required to do so by New Zealand Law. Each request for a replacement or refund will be reviewed on a case by case basis.
4. Privacy and Personal Information
4.1. You authorise us to collect, retain and use any information about you for the purpose of enforcing any rights under these Terms.
4.2. If at any time, you would like a copy of your information or you discover that any personal information we hold about you is incorrect, you may contact us by email or by messaging us on our website.
4.3. You accept and acknowledge the risk that transmission of data to and from our website over the internet may be intercepted, used and modified by third parties and that materials obtained from and through our website may contain computer viruses or other defects. You agree and acknowledge that we will not be held responsible for events arising from unauthorised access to your personal information that we hold or otherwise. We will use our reasonable endeavours to protect your personal information and once we receive your transmission we will use commercially reasonable endeavours to ensure its security on our system.
5.1. We are not liable in any event for any loss of profits, loss of revenue, loss of goodwill or business opportunities, loss of customers or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person arising directly or indirectly out of the provision of the Services.
5.2. To the extent permitted by law, all warranties, conditions and obligations (express or implied) are excluded and if such warranties, conditions and obligations are not able to be excluded by law they shall only apply to the minimum extent required by the relevant legislation.
5.3. Insofar as we may be liable to you notwithstanding anything contained in these Terms, to the extent permitted by law our total liability to you whether in tort (including negligence), contract, equity, or otherwise for any loss, damage or injury arising directly or indirectly out of the provision of the Services or any other breach of our obligations is limited to the amount paid by you to us for the Services.
5.4. We are not responsible for the acquisition, or liable for the accuracy and validity of any consents, licences, permits and authorisations required to lawfully undertake the Services.
5.5. You indemnify us against all claims, liabilities, costs, damages, fees and expenses (including legal costs) suffered or incurred at any time by us arising as a direct or indirect result of any act, omission or default on your part or from any breach or alleged breach of these Terms by you or relating to an action or claim brought by a third party against us which relates directly or indirectly to the Services.
6. Force Majeure
6.1 We shall not be liable for any delay or failure in performance of the Services or for any loss or damage arising directly or indirectly due to any occurrence or contingency beyond our reasonable control, including but not limited to, acts of God, acts of war, fire, laws or regulations, riots, earthquakes, floods, explosions, armed conflict, labour dispute, civil commotion, government intervention, accidents, Covid, pandemic, epidemic, interruption to transportation or weather.
7.1. The provisions of these Terms shall not be varied except by agreement signed by both of us.
7.2. No right or obligation under these Terms shall be deemed to be waived except by notice in writing signed by the relevant party.
7.3. If any provision of the Terms shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
7.4. These Terms record the entire agreement between us and you and supersede any prior representations, agreements, statements, and understandings, whether verbal or in writing, on the subject matter of these Terms unless previously agreed by us and you.
7.5. Any dispute or difference between you and us regarding these Terms will be negotiated between us through good faith negotiations.
8. Governing Law
8.1. The Terms shall be governed by and construed in accordance with the laws of New Zealand and the parties shall submit to the non-exclusive jurisdiction of the Courts of New Zealand.