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.