Terms & ConditionsDOLBEL ESTATE : ORDERING ONLINE – TERMS & CONDITIONS:
Important Notes About Ordering Online:
- We cannot send orders outside New Zealand
- All prices are shown in NZD and include GST but exclude delivery. Freight is charged at a rate of $12 per case.
- Wine can only be ordered in lots of 12 bottles from this site but mixed or whole case lots are possible.
- Only persons over 18 years can order or receive wine.
- When you Process This Order you are agreeing to our Terms and Conditions.
TERMS AND CONDITIONS
Any person or entity who orders products whether online or offline.
"Dolbel Estate "
Dolbel Estate Limited.
"Product" or "Products"
Products offered on the Dolbel Estate website
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 Dolbel Estate.
The Dolbel Estate Online Wine Sales website for New Zealand only.
2. Application of Terms and Conditions
(a) These terms and conditions apply to any contract between Dolbel Estate and the customer in which the customer purchases a Wine product online or offline.
(b) These terms and conditions prevail over any other purported contract between the parties (whether written or verbal) and (where permitted by such act or regulation) any act or regulation of Parliament.
(c) Dolbel Estate may vary these terms and conditions at any time without notice.
3. Licensing/Sale of Liquor Act
(a) Dolbel Estate warrants that it is the holder of an 'off' licence as defined in the Sale of Liquor Act, and as such is legally authorised to promote and deliver wine for sale by mail order.
(b) The customer warrants that they comply with all the conditions imposed in the Sale of Liquor Legislation as to fitness to purchase including that they, or the recipient of a gift sent through the Dolbel Estate mail order, are aged 18 years or over. Proof of age may be required to be produced on delivery.
(a) Dolbel Estate will take all reasonable steps to prevent any unauthorised entry into the Dolbel Estate data-base. However, Dolbel Estate will not be liable for any loss to a customer where a third party has gained unauthorised access to a customer's information held by Dolbel Estate.
(b) The measures Dolbel Estate uses to keep customers information secure are:
• The encryption transfer of personal data placed onto the website by the customer.
• Once the customer's personal data is received it will be stored on a secure server protected by firewalls to try and prevent unauthorised access from the internet.
(c) Dolbel Estate will not be responsible for any loss, costs, or expenses either directly or indirectly incurred by a customer or as a result of the customer using the website. The customer uses this website and the online forms at the customer's risk.
(a) The customer authorises Dolbel Estate to collect information about the customer from any relevant source (including the online forms).
(b) Dolbel Estate agrees only to use personal information collected about a customer for the purposes of:
• completing transactions with the customer
• carrying out credit checks on the customer
• checking the online service effectiveness through demographic surveys
• enforcing Dolbel Estate's contractual rights against the customer for promoting Dolbel Estate's activities.
(c) The customer acknowledges that Dolbel Estate will provide its employees and/or agents with the customer's personal information to enable Dolbel Estate to deliver products to or on behalf of the customer.
(d) Dolbel Estate will provide the customer with access to the information held by Dolbel Estate in relation to that customer.
(e) Dolbel Estate shall hold customer information in accordance with the Principles of the Privacy Act and no customer information shall be disclosed to any third party (other than in accordance with clause 5(c) above) to any third party without the permission of the customer.
6. Availability of Product
(a) The website will show the range of products available to the customer online. However, due to the seasonal nature of the products offered by Dolbel Estate, the customer acknowledges that there may be limited numbers of each type of product available.
(b) Dolbel Estate reserves the right to restrict the numbers of products available to an individual customer when available quantities are limited. Dolbel Estate will give preference to those customers with regular standing orders.
(c) Dolbel Estate will advise the customer of its inability to fulfil the customer's order as soon as reasonably possible.
(d) Dolbel Estate does not accept liability to the customer as a result of product unavailability.
(e) Customers who do not have access to the website will be advised of the range of products available and of the price either when ordering (if ordering by phone) or when the order is confirmed (if ordering by fax).
(a) The price of any product ordered by the customer shall be as per the price stated on the website at the time of the customer's order or the price advised to the customer as per clause 6(e) above.
(b) Dolbel Estate reserves the right to vary the price of each product from time to time. Any price variations will be shown on the website and on the online order form.
(c) All prices are in New Zealand currency and are inclusive of GST but are subject to variation insofar as Government charges and levies, such as excise and the ALAC levy, can be altered at the Government's discretion.
(a) Dolbel Estate proposes that payment may be made either by credit card or cheque. When placing an order for an account the customer will be required to indicate their preferred method of payment.
(b) Dolbel Estate reserves the right to require an alternative method of payment to the customer's preferred choice.
(c) Dolbel Estate reserves the right to vary the method of payment by a customer for any reason.
9. Ordering Online
(a) Orders may be placed by using the online order form.
(b) The order form provides for a delivery address. Where a delivery address is not entered the product(s) shall be delivered to the default delivery address as indicated by the customer on its registration form (see delivery below).
(c) Dolbel Estate may, in its absolute discretion, refuse to fulfil an order by a customer. Dolbel Estate cannot be required to provide its reasons for doing so.
(d) Dolbel Estate will not supply in contravention of any distribution agreements in force.
10. Ordering Offline
(a) Orders may be placed offline by either facsimile or phone.
(b) Facsimile orders can be made by faxing the form that accompanies one of Dolbel Estate's regular newsletters, or forwarded by Dolbel Estate at the customer's request.
(a) Dolbel Estate will only deliver to addresses in New Zealand.
(b) Product(s) will be delivered by courier to the customer or the delivery address specified by the customer. Dolbel Estate may, in its absolute discretion, refuse to deliver a product(s) to a customer's address or a delivery address specified by a customer.
(c) If Dolbel Estate is unable to deliver a product(s) to the customer's address or the delivery address by courier, the customer agrees that Dolbel Estate may arrange for the product(s) to be delivered to a recognised freight collection or by an alternative agent such as rural post. In such a case the delivery may be delayed.
(d) Dolbel Estate shall take all reasonable steps to make deliveries in the North Island within 3-4 working days. However the customer acknowledges that Dolbel Estate's ability to deliver is dependent upon the delivery address.
(e) Delivery is deemed to have taken place once the product has been left at the delivery address. Instructions to leave wine unattended at the point of delivery is done so at the customer's risk. Dolbel Estate accepts no liability for the theft, spoiling or any other damage caused to the product when it is left at an unattended delivery address.
(f) Dolbel Estate is not liable for failure to deliver within a reasonable time where that failure has been due to causes beyond the control of Dolbel Estate .
Both title and risk in the product(s) shall pass to the customer once the product(s) is despatched from Dolbel Estate.
13. Guarantee of Quality
(a) Dolbel Estate guarantees the product(s) will be despatched in top quality and condition. Where the customer is able to satisfy Dolbel Estate that the despatched product(s) was not in top quality or condition at the time of despatch Dolbel Estate agrees to replace the product(s) and/or refund the purchase price (subject to 14(b) below).
(b) Where the customer is unsatisfied with the quality of the product(s) and requires a replacement or refund, the customer must notify Dolbel Estate as promptly as is practicable.
(a) Except as provided in the Consumer Guarantees Act 1993 and in the guarantee with respect to quality in clause 13 of these terms and conditions, no warranty, description, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise are made by Dolbel Estate in relation to product available for purchase on the website.
(b) The customer expressly acknowledges and agrees that Dolbel Estate has no obligation or liability for any advice given concerning the products and they are accepted by the customer at the customer's risk.
15. Intellectual Property
All right, title and interest in any intellectual property in relation to all aspects of the Dolbel Estate website and its elements shall at all times remain the property of Dolbel Estate.
16. Force Majeure
Dolbel Estate is released from its obligation to a customer when Dolbel Estate is prevented from performing its obligations by an occurrence of "force majeure".