Our Terms & Conditions
1. Definitions and Interpretation
1.1 In these Terms and Conditions the following words have the following meanings:
- CGA means the Consumer Guarantees Act 1993.
- Goods means goods to be supplied by us as agent for the Manufacturer including wine and other alcoholic beverages.
- GST means goods and services tax payable under the Goods and Services Tax Act 1985.
- Manufacturer means New Zealand Unlimited Vineyards Limited.
- Terms and Conditions means these terms and conditions.
- Website means the internet site or sites operated by us and / or the Manufacturer under which Goods are offered for sale online including the website at www.tankersleyestate.co.nz.
- We refers to New Zealand Unlimited (NZ) Limited.
- You refers to you, the buyer of Goods.
1.2 You are a Consumer where you do not acquire the Goods for the purpose of resupplying them in trade.
1.3 In these Terms and Conditions:
- Headings are for convenience only and will not affect the interpretation of these Terms and Conditions; and
- All references to legislation are references to New Zealand legislation in force and include any subordinate legislation, by-law, regulation, order, statutory instrument or determination made under it, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation.
2.1 We are the agent for the sale of the Goods in New Zealand and we manage the sales, marketing and distribution of the Goods on behalf of the Manufacturer. The Tankersley Estate brand is solely owned by the Manufacturer.
2.3 The Website is provided for use by people located in New Zealand only.
3. Customer Acknowledgements
3.1 When the Goods that you order include alcohol you acknowledge that:
- You are at least 18 years of age; and
- You will provide evidence required by us (passport or New Zealand driver’s licence) following the order, including when the Goods are delivered.
4.1 Any order of Goods made through the Website is an offer to buy the Goods in accordance with these Terms and Conditions.
4.2 The Goods are as described on the Website at the time of your order.
4.3 You must provide full and accurate details when you place an order.
4.4 On acceptance of your order a contract to supply the Goods shall come in force governed by these Terms and Conditions.
4.5 We appreciate receiving potential orders but we are not required to accept any order.
4.6 We or the Manufacturer may cancel an order for Goods that we have accepted at any time before delivery. We shall promptly repay to you any sums paid in respect of the price for those Goods but neither we nor the Manufacturer shall otherwise be liable for any loss or damage whatsoever arising from such cancellation.
5. Use of the Website
5.1 You shall be liable for every order placed using your account.
6. Prices and Payment
6.1 The price for the Goods shall be the price stated on the Website at the time of your order but neither we nor the Manufacturer will be bound by any manifest errors or omissions.
6.2 Payment must be made by credit or debit card at the time of order or as otherwise permitted on the Website.
6.3 All prices shall be in New Zealand dollars and include GST and other taxes and duties where applicable.
6.4 Any delivery and other charges are in addition to the prices stated and are payable at the time of order.
7.1 We only deliver to physical addresses in New Zealand and we are unable to deliver to PO boxes or private mail bags.
7.2 We will inform you after we have shipped your Goods and provide you with an estimated delivery date.
7.3 Whilst we make every effort to deliver the Goods on any dates stated to you, these dates are estimates only.
7.4 Delivery of the Goods shall be made to the delivery address specified by you at the time of your order.
7.5 You shall make all arrangements necessary to take delivery of the Goods whenever they are delivered. We may assume that any person accepting delivery of the Goods is authorised to do so on your behalf. If there is no one present at the delivery address to take delivery you shall be responsible for our costs of redelivery.
8.1 Property and risk in the Goods passes to you on delivery.
8.2 We sell the Goods as agent for the Manufacturer which has title in the Goods until delivery to you under clause 8.1.
9. Returns – Change of Mind
9.1 After we have accepted your order we are not obliged to accept returns of Goods except where you are a Consumer and you have a right to return defective Goods under the CGA (see below).
10.1 Where you order Goods as a Consumer the CGA sets out minimum standards for the Goods. We provide the following guarantees in accordance with and as further set out in the CGA:
- We have the right to sell the Goods to you;
- The Goods are free of any undisclosed security;
- You have the right to undisturbed possession of the Goods;
- The Goods are of acceptable quality;
- The Goods are reasonably fit for the intended purpose made known to us or represented by us;
- The Goods match the sample and / or description.
10.2 We will also comply with our obligations under the Fair Trading Act 1986 (FTA). The FTA is designed to protect customers from being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including: pricing, where the product was made, where the product is from, the meeting of New Zealand safety standards, the availability of products and the sales techniques used.
10.3 Apart from any express warranties provided by us in relation to particular Goods or any implied warranties imposed under the CGA or any other applicable legislation, neither we nor the Manufacturer make any representations or give any assurances, warranties or guarantees to you in relation to the Goods. To the maximum extent permitted by law, any warranty or guarantee implied by law, custom or practice is excluded.
10.4 To the maximum extent permitted by law neither we nor the Manufacturer are liable to you for any indirect or consequential loss or damage of any kind however arising and ours and the Manufacturer’s monetary liability to you shall be limited to the price of the Goods.
10.5 Nothing in these Terms and Conditions is intended to limit or exclude any liability that cannot be excluded by law.
11. Returns – Defective Goods
11.1 We will replace or refund any Goods in accordance with the CGA if the Goods do not meet the standards set out in the CGA (see above) or as otherwise required by law.
11.2 Goods must be returned and inspected with proof of purchase before we will provide any repair, replacement or refund.
11.3 Any refund will be credited to the card used to purchase the Goods.
11.4 You should inform us no later than three days after the receipt of Goods of any defect, damage or shortfall to the Goods.
12. Contacting Us
12.1 In order to contact us, including to discuss a return of Goods, please contact us via the “Connect With Us” form on the Website, or via the following contact details:
- Address: PO Box 302130, North Harbour, Auckland 0751
- E-mail address: firstname.lastname@example.org
- Telephone: +64 27 269 9691
13. Personal Information
14.1 These Terms and Conditions cannot be varied except as agreed in writing by us.
14.2 None of our agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by a director in writing nor are we bound by any such unauthorised statements.
14.3 If any of these Terms and Conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.4 We shall not be liable for any delay or failure to comply with our obligations under these Terms and Conditions which are caused by any act of God, epidemic, pandemic, terrorism, war, strike, lock out, industrial action, flood, storm or other event beyond our reasonable control.
14.5 We may license or sub-contract all or any part of our rights and obligations without your consent.
14.6 These terms are intended to and do confer rights on the Manufacturer.
14.7 These Terms and Conditions and each contract formed between you and us for the supply of Goods shall be governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the courts of New Zealand.