Terms and Conditions
1. Application of Terms
- 1.1 These terms and conditions apply to your use of the website www.batchwinery.com (website), the purchase by you of products and services from the website, and the supply by Batch Winery Management Limited (Batch Winery) of products and services to you.
- 1.2 By using this website you are confirming to us that you agree to these terms and conditions. If you do not agree to be bound by these terms and conditions you must not use this website or order products or services from Batch Winery. We may amend these terms and conditions at any time without notice.
- 1.3 You acknowledge that it is illegal for us to sell liquor to you if you are less than 18 years of age. By purchasing liquor from our website you confirm that you are 18 years of age or older.
- 2.1 You or your means the purchaser;
- 2.2 Us, we or our means Batch Winery;
- 2.3 products and services means the products and services available for purchase on our website;
- 2.4 package deals refers to the combination of goods and services offered on our website.
3. Orders of wine and other products
- 3.1 To order product you must fully and correctly complete an online order form and submit this to us. You are responsible for ensuring the information you give us is complete and accurate.
- 3.2 The price for products supplied is the price set out on our website at the time and date of order. You accept the price by placing an order. The price is payable in full at the time of ordering the products. The purchase price must be paid by credit card in accordance with our online order form.
- 3.3 Your payment for products will be processed through the online payment platform on our website which is operated by a third party provider. Separate terms and conditions may apply to the processing of your payment as set out on our third party providers payment platform/website.
- 3.4 We may change the product range available, the description of products on the website and the prices of the products at any time without notice.
- 3.5 Subject to product availability and your payment for the products being processed, we will supply you with the products you order. If the products you order are not available, or they are not available in the quantities you require, We will advise you by contacting you at the email address given by you in your online order form. If you have made payment for these products, we will refund you the amount you have paid for the products that we cannot supply.
- 3.6 If the products supplied by us do not match the products that you ordered, or the products supplied to you are damaged, you must advise us within 5 days of the date the products are delivered. If such products are returned to us (in original condition in the case of incorrectly supplied products), we will at our option (a) refund you the purchase price you paid for the products or, (b) supply you with the correct products, or (c) supply replacement products.
- 3.7 We will accept a cancellation of any product orders, and issue a full refund (if applicable) if the cancellation is received by us before the end of the business day on which the order is made, or before the product has been dispatched for delivery, whichever is the earliest.
- 3.8 Delivery is only available to a physical New Zealand delivery address, not PO boxes. A delivery fee may be charged in addition to the purchase price for the product(s).
- 3.9 We will do our best to meet any estimated time frames we give you for supplying and delivering the products. However, these time frames are estimates only and are not guaranteed. We are not liable for any delay or failure to supply products arising from any reason beyond our control.
- 3.10 Risk and title to the products passes to you when the products are dispatched by us to you.
4. Package deals
- 4.1 The price for our package deals is the price set out on our website at the time and date of booking. You accept the price by booking a package deal and the price is payable in full at the time of booking. The purchase price must be paid by credit card in accordance with our online order form.
- 4.2 If a package deal is cancelled by us or by reason of a cause outside your control (including the transport to Waiheke Island that is included in your package deal being cancelled or unavailable), we will only refund you the price paid for the package deal. We will not pay any compensation or redress as a result of a cancelled package deal, and our liability to you will not exceed the price you paid for the package deal. This clause is subject to the terms of clause 7.1.
- 4.3 We will accept a cancellation of any package deal that you have booked, and issue a full refund (if applicable), if the cancellation is received by us within 24 hours after the booking has been made.
- 4.4 All refunds made in accordance with these terms and conditions will be made only to the credit card used for the original purchase.
- 4.5 All prices for all products and services are in New Zealand dollars and include GST unless specifically stated otherwise.
5. Subscription and receipt of electronic communication
- 5.1 You may create an account on the website for making regular orders by completing and returning the online registration form. We will provide you with a login and password once your registration has been validated. You are responsible for keeping your login and password secure and protected from unauthorised access.
- 5.2 You are solely responsible for all activities undertaken under your login and password and for ensuring that all use of your account fully complies with these terms and conditions. You must notify us immediately if you know or suspect that any third party has obtained unauthorised access to your login or password.
- 5.3 You agree that by providing your email address, you expressly consent to your inclusion in our direct marketing database and accept that you may receive regular electronic communications and promotional material from us. You have the right to unsubscribe from these communications.
6. Use of your information
- 6.1 The use of the website will generate certain information about you which will be retained by Batch Winery. Such information may include your IP address, contact details, credit information and any personal details that you supply or that we obtain independently.
- 6.2 You acknowledge that we, our employees, carriers, contractors and agents may use or disclose any of the information included at clause 6.1 for the purposes of supplying our products and services to you. These purposes include:
(a) The administration of your account;
(b) Carrying out credit checks;
(c) Providing you with the latest offers or important information about Batch Winery.
- 6.3 You have a right to request any personal information that Batch Winery holds about you and to request the correction of any mistakes in that information.
7. Consumer Guarantees Act 1993 (the Act)
- 7.1 Where you are purchasing products and services for your personal use, we will meet our obligations under the Act.
- 7.2 Where you are acquiring, or holding yourself out as acquiring, products for the purposes of a business you agree that the Act will not apply to the supply of products and services by us to you.
8. Extent of liability
- 8.1 To the maximum extent permitted by law, warranties implied by customary practice, statute or at law are excluded. Notwithstanding any clause above, our liability for any cost, loss, damage or claim arising directly or indirectly in relation to any product or service supplied by us, whether arising in contract, tort (including negligence) or otherwise, is limited to refunding the amount that you have paid us for the product or service. We are not responsible in any circumstances for any damage, injury, indirect, consequential or special loss, loss of data, loss of profits or economic loss. All warranties implied by customary practice, at law or under statute are excluded to the extent legally permitted.
- 9.1 We own all proprietary rights and intellectual property rights in the website, our products and services, including, but not limited to, copyright. We own or are licensed to use any trademarks and such trademarks are protected by New Zealand law. Nothing in these terms and conditions shall constitute the grant of any licence of intellectual property rights to you. Any infringement of our intellectual property rights will be fully enforceable under New Zealand law.
- 9.2 While we will take reasonable steps to ensure the security of information on the website, there is no guarantee of security. As information transmitted over the internet is inherently insecure, we cannot ensure and do not warrant, the security of any information transmitted to or from the website.
- 9.3 We make no representations or warranties in relation to the content or the security of websites that may be linked to the website.
- 9.4 These terms and conditions and the provision of products and services by Batch Winery to you are governed by, and will be interpreted in accordance with, New Zealand law.