IMPORTANT INFORMATION WHEN ORDERING
- Mt Beautiful does not send orders outside
- Wine can only be ordered in lots of 12 bottle but mixed or whole
case lots are possible.
- Only people 18 years or over may order or receive wine
- When you decide to process your order you are agreeing to these
terms and conditions
1
Definitions
"You"
the
customer who orders Products online from the Website or offline (but excluding
Trade Account Customers).
"Force
majeure" fire,
unforeseeable accident, act of God, natural disaster, any law/ order/ proclamation/
regulation/ demand or requirement of any government or government agency
(including local government), strikes, labour disputes, electricity or
communication failures or any other cause that is beyond the reasonable control
of Mt Beautiful.
"Mt
Beautiful" the
business operated by David Teece trading as Teece Family Vineyards and including
its successors, agents or assigns.
"Product"
or "Products" product(s)
offered for sale by Mt Beautiful.
"the
Website" The
website operated by Teece Family Vineyards and accessible via the www.mtbeautiful.co.nz domain name.
“Trade Account Customers” customers who have entered into written agreements with Teece Family Vineyards pursuant to the “Terms and Conditions (Trade Account Holders)” contract or any successor to that contract
2
General Provisions and Application
of Terms and Conditions
2.1.
This agreement applies when you order Products from Mt Beautiful using its
online or offline facilities.
2.2.
These terms and conditions prevail over any other purported contract
between you and Mt Beautiful (whether written or verbal) and (to the extent permitted
by law) any Act or Regulation of Parliament.
2.3.
Mt Beautiful may vary this agreement at any time by amending the terms
on its Website. Orders placed after such an amendment is made will be deemed to
be on the revised terms.
2.4.
Where legislation is referred to in this agreement those references will
be taken to include successor or replacement legislation which may be enacted
from time to time.
2.5.
You warrant that any information you provide to Mt Beautiful is true and
correct.
2.6.
No delay, neglect or forebearance on the part of Mt Beautiful in taking
enforcement action in relation to this agreement shall amount to a waiver, nor
in any way prejudice its rights at law or in equity.
3
Licensing/
3.1.
Mt Beautiful warrants that it is the holder of an “off licence” pursuant
to the Sale of Liquor Act 1989, and is therefore entitled to promote, supply
and deliver wine or other alcohol.
3.2.
You warrant that you are 18 years of age or over. If you are ordering on
behalf of someone else you warrant that the intended recipient of the Products
is also 18 years of age or over. You acknowledge that Mt Beautiful (acting
through its delivery agents) may require proof of age to be produced when the Product
is delivered.
4
Price
4.1.
The price of any Product ordered by you shall be the price:
a.
stated on the Website when you order if you place your order on-line;
b.
the price quoted to you over the telephone if you place a telephone
order; or
c.
the price referred to in a confirmation facsimile if your order was
placed by facsimile.
4.2.
Mt Beautiful reserves the right to vary Product prices from time to
time.
All prices
are in
4.3.
You agree to pay the price of the Products you order plus any relevant handling
and delivery charges (“delivery costs”).
4.4.
The relevant delivery costs will be made known to you:
a. If you
place an online order prior to the purchase being confirmed.
b. If you
order by telephone when the call is taken;
c. If you
order by facsimile when the confirmation facsimile is sent through.
4.5.
The delivery costs will vary from time to time and are dependent on the
method of delivery and the location of the delivery address.
4.6.
Deliveries outside
5
Availability of Product
5.1.
The Website will show the range of Products available to you online. If
you do not have access to the Website you will be informed about the range of
Products available at that time and the prices either when ordering (if
ordering by phone) or when the order is confirmed (if ordering by facsimile).
5.2.
Due to the seasonal nature of the Products offered by Mt Beautiful you accept
that there may be limited numbers of each type of Product available.
5.3.
Mt Beautiful may, in its absolute discretion, refuse to fulfill your
order and reserves the right to restrict the number of Products available to
you. It may also give preference to those customers with regular standing
orders.
5.4.
Promotional items may also be limited as to quantity.
5.5.
Mt Beautiful will use reasonable endeavours to advise you of its
inability or refusal to fulfill your order as soon as reasonably practicable.
5.6.
Where Mt Beautiful is unable or unwilling to supply Products in the
quantities requested by you you will be entitled to cancel your order.
Alternatively, you may vary your order by agreement with Mt Beautiful.
5.7.
If a payment has already been made for the Products and Mt Beautiful
decides not to fulfill your order you will be entitled to a refund of the
moneys advanced except where you have agreed to amend your order in accordance
with clause 5.6. In those
circumstances you will receive a refund if the difference in price is in your
favor. Where the difference is in favour of Mt Beautiful you will be required
to make up the difference and if you are unwilling or unable to do so Mt
Beautiful may amend its delivery accordingly.
5.8.
Mt Beautiful does not accept liability to you as a result of Products
being unavailable.
6
Payment
6.1.
Payment must be made by credit card except where an alternative
arrangement is expressly agreed between you and Mt Beautiful.
6.2.
If you pay by credit card you agree to indemnify Mt Beautiful against
any default by your credit card company should it fail to make all or part of the
payment.
6.3.
Mt Beautiful reserves the right to vary the method of payment for any reason
but shall advise you where it proposes that an alternative method will be used.
6.4.
Delivery of the Products is conditional upon prior receipt by Mt
Beautiful of the payment except where Mt Beautiful has agreed in writing to
some alternative arrangement.
7
Ordering Online
7.1.
Orders may be placed by using the online order form. The order form requires
you to specify a delivery address. The Products will be delivered to the
specified delivery address or the default address indicated on the online form
if you have failed to specify a delivery address (refer to clause 9 for qualifications and exclusions).
8
Ordering Offline
8.1.
Orders may be placed offline by either facsimile or phone. Details of
the appropriate contact numbers are shown on the Website and may be updated
periodically.
8.2.
The Products will be delivered to the delivery address specified by you
(refer to clause 9 for
qualifications and exclusions).
8.3.
Facsimile orders can be made using the prescribed form. The up-to-date
form can be obtained on request from Mt Beautiful.
9
Delivery
9.1.
Mt Beautiful will only deliver to addresses in
9.2.
Product(s) will be delivered to the delivery address specified by you. However,
Mt Beautiful may, in its absolute discretion, refuse to deliver Products to a delivery
address specified by you. In those circumstances Mt Beautiful will use
reasonable endeavours to contact you in order to arrange some alternative
address for delivery. If a mutually acceptable address cannot be agreed upon Mt
Beautiful may decline to fulfill your order and no charge for the unfulfilled
order will be made against you. Where you have already made the payment Mt
Beautiful will reimburse you for the amount of the undelivered order. Mt
Beautiful will have no liability to you or the intended recipient beyond
reimbursing you for the payment made.
9.3.
Mt Beautiful will ordinarily use a courier service to perform its
deliveries. However, where this is impracticable you agree that Mt Beautiful
may arrange for the Product(s) to be delivered by an alternative agent such as
rural post or to a recognised freight collection point reasonably proximate to your
specified delivery address. In such cases you acknowledge that the delivery may
be delayed.
9.4.
Delivery is deemed to have taken place once the Product has been left at
the specified delivery address or in accordance with clause 9.3. Instructions to
leave Products at an unattended delivery point shall be at your risk. Mt
Beautiful accepts no liability for the theft, spoiling or any other damage
caused to the Product when it is left at an unattended delivery address.
9.5.
Mt Beautiful will use reasonable endeavours to affect delivery of the
products within the timeframe specified on its website, or over the phone or by
confirmation facsimile, depending upon the manner in which you placed your
order.
9.6.
Should Mt Beautiful fail to deliver the Products within the time frame specified
in accordance with clause 9.5 you
may elect to cancel your order (in respect only of the Products not delivered)
unless you and Mt Beautiful have agreed to a later delivery date. You will be
entitled to a refund if you have made a payment in respect of the cancelled
order but will not be entitled to any other remedy or compensation. In the
event that Products are delivered after you cancel you agree that Mt Beautiful
will be entitled to retrieve those Products and you will take reasonable steps
to accommodate that.
9.7.
Mt Beautiful is not liable for failure to deliver within a reasonable
time where that failure is caused by factors beyond Mt Beautiful’s reaonable
control.
10
Privacy
10.1.
You agree that Mt Beautiful may collect information about you from any
relevant source (including the on-line forms).
10.2.
Mt Beautiful agrees only to use personal information collected about you
for the purposes of:
a. completing
transactions with you;
b. performing
credit checks on you;
c. checking
the effectiveness of its online, telephone or facsimile services;
d. enforcing
Mt Beautiful’s contractual rights against you; and
e. promoting
Mt Beautiful activities or Products or the activities or products of entities
associated with Mt Beautiful.
10.3.
You acknowledge that Mt Beautiful will provide its employees and/or
agents with your personal information to enable Mt Beautiful to perform the
tasks described above.
10.4.
You may make a written request to see any personal information held
about you by Mt Beautiful and/or ask that any such information be corrected.
10.5.
Mt Beautiful shall hold customer information in accordance with the principles
of the Privacy Act 1993 and no customer information shall be disclosed to any
third party (other than in accordance with 10.2 or 10.3 above) without your
permission.
11
Security
11.1.
Mt Beautiful will take all reasonable steps to prevent unauthorised
entry into its data-base. However, Mt Beautiful will not be liable for any loss
where a third party has gained unauthorised access to your information.
11.2.
Mt Beautiful uses the following means to keep online customer
information secure:
a. The
encryption transfer of personal data placed onto the Website by you.
b. Once your
personal data is received via the Website it will be stored on a secure server
protected by firewalls to try and prevent unauthorised access from the
internet.
11.3.
Mt Beautiful will not be responsible for any loss, costs or expenses
incurred by you (directly or indirectly) as a result of using the Website. You
use the Mt Beautiful Website at your own risk.
12
Title/Risk
12.1.
Both title and risk in the Product(s) shall pass to you once the Product(s)
is delivered to your specified delivery address.
12.2.
Nothing in these terms entitles you to return Products or cancel your
order apart from the circumstances provided for in clauses 9.6 and 13 or with
the express agreement of (and on terms agreeable to) Mt Beautiful.
13
Guarantee of Quality
13.1.
Mt Beautiful guarantees that the Product(s) delivered will be in merchantable
condition having regard to the nature, price and representations made by Mt
Beautiful.
13.2.
Where you are able to satisfy Mt Beautiful that Product(s) delivered
were not in merchantable condition at the time of delivery Mt Beautiful agrees
to replace the Product(s) and/or refund the purchase price (subject to clause 13.3 below) and Mt Beautiful may
retrieve the defective products.
13.3.
Where you are unsatisfied with the quality of the Product(s) and require
a replacement or refund pursuant to this clause,
you must notify Mt Beautiful within 5 days of the delivery taking place. You
must also retain the Products (to the extent practicable in the circumstances)
and give Mt Beautiful the opportunity to inspect the items within a reasonable
time period of your notification being received.
13.4.
You expressly acknowledge and agree that Mt Beautiful has no obligation
or liability (save to the extent imposed by statute) for any advice given
concerning the Products and the Products are accepted by you at your risk.
14
Intellectual Property
14.1.
The rights, title
and interest in any intellectual property in relation to all aspects of the Website
and its elements shall at all times remain the property of Mt Beautiful or
Teece Family Vineyards Limited. You may not reproduce, publish or store this
material except with the express permission of Mt Beautiful or Teece Family
Vineyards Limited.
15
Force Majeure
15.1.
A force majeure event will excuse Mt
Beautiful from its obligations to you.
16
Jurisdiction
16.1.
This agreement is governed by