Terms and Conditions of Sale
PERNOD RICARD WINEMAKERS NEW ZEALAND LIMITED TERMS AND CONDITIONS OF SALE
1.1. In these terms “PRW” means “Pernod Ricard Winemakers New Zealand Limited” and “Customer” or “you” means the person, firm or corporation to whom PRW products are supplied.
1.2. These terms apply from the date specified above. These terms may be varied by PRW from time to time.
2.1. The prices charged by PRW, as set out in PRW’s applicable price list, and these prices may be altered at any time without notice.
2.2. Prices quoted include GST, all other taxes and duties but exclude freight and are in New Zealand dollars.
2.3 Freight cost will depend on the amount of wine purchased and the destination. Freight costs will be provided at the point of purchase.
3.1. When placing an order with PRW, you confirm that all the details that you have provided in completing the order and offer to purchase the Goods are true and correct.
3.2 It is a condition of purchase that you verify that you are 18 years of age or over. All orders are subject to acceptance by PRW.
3.3. Supply of products is subject to availability and to any order minimums or limits imposed in respect of a product by PRW. PRW may, in its sole discretion, waive the application of a minimum order requirement or an order limit in respect of an order.
3.4. The Customer cannot cancel an order nor delay delivery once an order has been accepted without PRW’s written consent.
3.5 Where an order for a wine vintage is not available, another vintage may be substituted.
3.6 All specials, promotions, clearances, offers and discounted items are subject to their specific terms and conditions and are whilst stocks last unless otherwise indicated.
4.1. Products will be delivered to the address provided at time of check-out.
4.2 The freight cost will be provided at check-out.
4.3. Risk in the products passes to the Customer upon delivery to the Customer.
4.4. PRW may consign or ship products to the Customer in instalments at varying times.
4.5. PRW is not responsible for and does not accept liability for delay or non-delivery of products. In the case of late delivery, the Customer must accept goods delivered.
4.6 If you are not at the delivery address at the time of delivery your Goods may be left with a person at the delivery address who is, for deliveries within New Zealand, 18 years or older and for deliveries to all other countries, a person who is legally entitled to receive deliveries of alcohol in the form of wine under the local laws of the destination country. This person may be required to show proof of age. In the event nobody is at the delivery address who meets the criteria under these terms and conditions, a waiting card will be left in your mailbox. This card will advise the next steps required to obtain delivery of your order. Your order will not be left with person under the age of 18 years (proof of age may be required in the sole discretion of the delivery person or PRW). PRW cannot agree to unattended deliveries in any circumstances.
4.7 Orders are despatched Monday – Friday, excluding public holidays and subject to any restrictions under the Sale and Supply of Alcohol Act 2013. If we are in stock of your item at time of picking, we aim to dispatch your order the next business day. We do not accept requests to delay dispatch.
4.8 Each order may only be sent to one delivery address. If you need to send products to more than one delivery address, you will need place a separate order for each delivery address. Once an order has been completed, addresses cannot be changed, please contact Customer Service with any queries or changes and they will try their best to accommodate you.
5.1. For corporate Customers, payment terms will, at PRW’s discretion, be payment on order or credit.
5.2 For all other Customers payment terms will be payment on order.
5.2 PRW accepts the following forms of payment online: - Visa, Mastercard, American Express, Diners.
5.3. Credit accounts must be paid in accordance with the payment terms notified in writing to the Customer by PRW.
5.4. Credit accounts are subject to PRW’s standard credit terms and conditions.
5.5. If the Customer’s account has not been paid by the due date, PRW may cease supplying products to the Customer, withdraw credit facilities. PRW may also charge interest at the rate of 2% per calendar month on all overdue amounts from the date of default until the date of payment (payable daily).
5.6. The Customer must not deduct from the price any set-off, counterclaim or other sum without PRW’s written consent.
6. Retention of Title & PPSA
6.1 Title and property in all products delivered to the Customer is retained by PRW and passes to the Customer only when the Customer has paid all amounts owing to PRW (whether under this agreement or any other agreement or arrangement) in full or upon Delivery of the Goods, whichever is the latest.
6.2 If the Goods are subject to credit then these terms and conditions constitute a security agreement for the purpose of section 36 of the Personal Property Securities Act 1999 (“PPSA”) (as amended) and create a security interest in favour of PRW until PRW gives the Customer a final release;
6.3 The Customer and PRW agree that on the enforcement of those security interests created by these terms and conditions to which the PPSA applies, sections 114(a), 133 and 134 of the PPSA shall not apply. The Customer also agrees to waive any rights the Customer may have under sections 116,120(2) and 121 of the PPSA on such enforcement. Additionally, the Customer waives its right to receive a copy of any Financing Statement or any Financing Change Statement registered by PRW in respect of the security interest created by these terms and conditions.
7.1 The Customer’s rights under the Consumer Guarantees Act 1993 are not affected by these terms and conditions. You are entitled to a replacement or refund for failure of substantial character. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a failure of substantial character.
7.2 In the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will refund your money or exchange the product upon presentation of your proof of purchase. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return (only when PRW is at fault, that is if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or PRW has breached a consumer guarantee. In all other circumstances, the delivery charge will be deducted from the refund to the consumer).
7.3 Unfortunately, you cannot amend an order after it has been placed. If in the event that you change your mind then please contact our Customer Service Team during business hours, exchanges may be possible if the order has not be processed and at PRW’s discretion. If PRW agree to exchange a delivered product, additional delivery charges will be incurred at your expense. All returns (with the exception of faulty, damaged or inaccurate orders must be in their original condition and packaging.
8.1. Pallets delivered by PRW to the Customer do not become the property of the Customer.
8.2. The Customer must either replace the pallets delivered with pallets of a comparable quality or de-hire at the time of delivery. If the Customer fails to do this, PRW may charge the Customer a fee equivalent to the hiring charge until the pallets are exchanged and/or the pallet accounts are reconciled.
9. Website Content
9.1 PRW may make changes to the contents at this site, or to the products and services described in them, at any time without notice. The contents may be out of date, and PRW makes no commitment to update the contents.
9.2 Information published at this site refers to products and services in New Zealand.
10.1. Subject to any relevant statutory provision, these terms contain the entire agreement between PRW and the Customer and all representations, warranties and agreements (whether express or implied and whether statutory or otherwise) are expressly excluded and PRW’s liability is limited to the lesser of:
• the cost of replacing the products; or
• the cost of obtaining equivalent products.
10.2 Contents of the site do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
10.3 To the extent permitted by law, PRW disclaims all liability (however arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the content, the site and/or any website to which the site is linked, or any action taken (or refrained from being taken) as a result of using any of these.
10.4. PRW will not be liable in any circumstances to the Customer for consequential damages.
11. Third Party Sites
This website may contain links to third party sites. The links do not indicate any endorsement of PRW of the site or the products or services provided at those sites. The Customer accesses those sites and use the products and services made available at those sites solely at their own risk.
12. Promotional Vouchers
Promotional vouchers cannot be exchanged for cash, used in conjunction with one another, re-used on another transaction, or partially used across multiple orders.
13. On Supply of Products
13.1. The Customer must not sell, solicit sales of or promote PRW products outside of New Zealand or to any person whom the Customer knows, believes or ought to reasonably suspect will buy those products:- for resale outside New Zealand; for sale to a third party who will sell those products outside New Zealand.
13.2. The Customer must indemnify PRW against all claims, actions, liabilities, charges, expenses, losses damages and costs (whether incurred by or awarded against PRW) arising out of or in connection with a breach of clause 13.1 by the Customer.
14. Set-Off (applicable to Credit accounts only)
PRW may set off any amount owed to it by the Customer (including, without limitation, any amount that PRW is entitled to recover under clause 13.2) against any amount owed by PRW to the Customer.
15. Registration for an account
15.2 PRW may require additional information and PRW reserve the right to decline, suspend or terminate your account at any time at PRW absolute discretion.
15.3 The Customer is responsible for maintaining the confidentiality of their password and or access code (“Password”) and they will be liable for any breach of privacy arising from unauthorised access to the site caused by or connected with the disclosure of the email address and/or password. The Customer is further responsible for all fees and charged incurred on the account arising from access to the account due to this.
16. Grand Cru Club
16.1 Customers who elect to join the Grand Cru Club will receive an automatic shipment of wine at the intervals detailed in the “Club Packs” tab on this website. You may terminate your membership of the Grand Cru at any time and all future shipments will be cancelled, with the exception of any shipment due to be dispatched within one month of cancellation. In such a case, the termination shall take effect after that shipment is dispatched.
17. Responsible Service of Alcohol
PRW supports the responsible service and consumption of alcohol and recommends that alcohol be enjoyed in moderation. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. The Customer therefore warrants that you are 18 years or over of age; and that any person that you are obtaining the products for is also 18 years or over.
CROWDED HOUSE COMPETITION TERMS AND CONDITIONS
Entry Mechanism / Promotion period:
Sign up to the Church Road Grand Cru Club at the Church Road Cellar Door or via the Church Road Online Store between 10.00am Monday 21 December 2020 and 4.30pm 20 February 2021 and pay for your first quarterly wine shipment, consisting of 6 bottles, from the wine options available.
Entry Limit: Limit 1 Entry per person per Grand Cru sign up.
Entrants must be 18+ years of age to enter the competition.
Entrants must be a New Zealand resident.
Nominated Business: N/A
Draw Date / Time:
10.00am 22 February 2021
There are six (6) prizes to be won. Each prize consists of two (2) General Admission tickets to the Crowded House concert at Church Road Winery. 3 prizes are for the concert on Saturday 6th March 2021 and 3 prizes are for the concert on Sunday 7th March 2021. The Prizes are tickets to the Crowded House concert only - no travel, accommodation or refreshments are provided.
Total Prize Value: $224 NZD
Approved Notification Method: Phone call
Prize Delivery Method: Email
Prize Delivery Date: 24 February 2021
Re-Draw Date / Time: 10.00am 25 February 2021
Re-Draw Notification Method: Phone call
The winner must respond to our message by Tuesday 23rd February 2021 at 2.00pm with their contact details in order to redeem the prize.
The winner’s Prize companion must also be 18 years or over.
To be eligible for the prize, entrants must sign up to the Church Road Grand Cru Club at the Church Road Cellar Door or via the Church Road Online Store and pay for their first quarterly wine shipment, consisting of 6 bottles, from the wine options available.
By signing up to the Church Road Grand Cru Club the entrant agrees to receive 4 shipments of 6 bottles of wine from Church Road on an annual basis.
Terms & Conditions
- Information on how to enter and prizes forms part of these conditions. By participating, entrants agree to be bound by these conditions. Entries must comply with these conditions to be valid. For the avoidance of doubt the Schedule to the Terms & Conditions forms part of these conditions.
- Entry is open to Eligible Entrants. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion; and any retailer activating the promotion are ineligible to enter the promotion.
- To enter the promotion, eligible entrants must, complete the Entry Mechanism during the Promotion Period.
- The Entry Limit applies to entries.
- The Promoter accepts no responsibility for late, lost or misdirected entries. Incomplete, ineligible or incomprehensible entries will be deemed invalid. Entries must be submitted in the manner required and received by the Promoter during the promotional period. Entries received will be considered final by the Promoter. Late entries will not be accepted.
- Promotion commences at the Commencement Time on the Commencement Date and closes at the Close Time on the Close Date. The draw will take place at the Nominated Business at the Draw Time (local time) on the Draw Date. The Promoter’s decision is final and no correspondence will be entered into.
- The Prize must be taken as offered and cannot be varied. Prizes are not transferable or exchangeable and cannot be taken as cash. Any change in the value of a prize between the publishing date and the date the prize is claimed is not the responsibility of the Promoter. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. All warranty claims in respect of the prizes must be directed towards the applicable manufacturer and not the Promoter.
- The Winner will be notified by telephone by the Approved Notification.
- Prizes will be delivered to winners by the Prize Delivery Method by the Prize Delivery Date. The Promoter and its agents associated with this promotion take no responsibility for a prize (or part of a prize) damaged or lost in transit (if relevant).
- The Promoter encourages the responsible use of the Prize(s), in accordance with applicable State legislation.
- If for any reason a prize, or any part of a prize becomes unavailable for any reason beyond the Promoter’s reasonable control, the Promoter reserves the right to substitute the prize (or part thereof) for an alternative prize to the same value of the original prize value, subject to any written directions made under applicable State or Territory legislation.
- Entrants must only enter in their own name. The Promoter reserves the right to request the winner(s) to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm their identity, age, residency, eligibility to enter and claim a prize and any information submitted by the entrant in entering the promotion before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entrant has not been verified or validated to the Promoter’s satisfaction within the time requested, that winner’s entry will become invalid. Proof of identification, residency and entry considered suitable for verification is at the sole discretion of the Promoter. The prize(s) will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion. In the event that a prize winner cannot provide suitable proof, the relevant prize will be forfeited and no substitute will be offered.
- The Promoter may conduct such further draws as are necessary (including a second chance draw) at the same place as the original prize draws on Re-Draw Date at the Re-Draw Time (AEST) in order to distribute any prizes forfeited or unclaimed by that time in respect of those draws, subject to any written directions given under applicable State legislation.
- The Winner(s) of any unclaimed prize draw will be notified by the Approved Notification. All reasonable steps to notify the winner of the results of any unclaimed prize draws will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
- Where applicable, the Promoter reserves the right to refuse to allow the prize winner or any of their companions to take part in any or all aspects of the prize if the Promoter determines, in its absolute discretion, that the prize winner or any of their companions are not in the mental or physical condition necessary to be able safely to participate in the prize.
- No compensation will be payable if a winner, or their companions (if applicable) are unable to use any element of the prize as stated for whatever reason, including refusal of entry or ejection from the date locations or participation in certain activities for health, age, behaviour or safety reasons. Any part of a prize that is not taken for any reason is forfeited.
- Liability: Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
- If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- The Promoter and its associated agencies and companies are not responsible for any problems, delays or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a network or a mobile network or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset, computer or peripherals related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.
- Entry and continued participation in this promotion is subject to the licensee’s liquor serving policy.
- Right to verify: The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any entrant for tampering with the entry process or for submitting an entry which is not in accordance with these conditions of entry, or if the entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible. The decision to accept or reject an entry is at the Promoter’s sole discretion and no correspondence will be entered into.
- The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter.
- Caution: any attempt to deliberately undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of entry or any other legal obligation by an entrant, the entrant agrees to indemnify the promoter for those losses, damages and costs.
- Consent: As a condition of entering this promotion, entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner of a draw (including photograph, film and/or recording of the same) in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting, publicising or marketing this promotion (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter. The winner(s) agree to participate in all reasonable promoted activities in relation to this promotion as requested by the Promoter and its agents.
- As a condition of accepting the prize, the winner (and his/her companion(s), if applicable) may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
- All entries and any copyright subsisting in the entries become and remain the property of the Promoter.
- All entries are subject to the Special Conditions.
- The Promoter supports responsible consumption and recommends that alcohol be enjoyed in moderation.
- The Promoter is Pernod Ricard Winemakers New Zealand Ltd of Level 3, 4 Graham St, Auckland Central, Auckland 1010. The Promoter can also be contacted at the Promoter Contact Number.