1.1 This agreement applies to all purchases of Foley Wines products and services by you from The Foley Wine Club website and emails and replaces all previous agreements between you and us.
1.2 Foley Wines Limited may change the terms of this agreement from time to time using the process set out in clause 19.
1.3 This is an important agreement which you must read through before purchasing products from our websites and emails. Making a purchase from our website/email specifies you have agreed to these terms and conditions.
2.1 In this agreement unless the context otherwise requires:
“You”, “your” or “customer” means the purchaser.
“Us”, “we”, “our” or “FWL” or “The Foley Wine Club” means Foley Wines Limited (trading as The Foley Wine Club).
“Agreement” means this agreement and includes any other terms incorporated into it by reference.
“Information” means all the information supplied by you to us via the website/email or otherwise and includes, for example, your name, contact details, credit card details and your payment and transactions history.
“GST” means goods and services tax.
“Products” means all products available for purchase on our website/email.
“Services” means all services available for purchase on our website/email.
“Website” means our website, accessible via the www.foleywineclub.co.nz domain name.
“Email” means an email offer received by you from Foley Wines.
- PURCHASE TERMS
3.1 When purchasing products on the website/email you confirm and acknowledge that:
(a) You are legally entitled to purchase alcohol (if the products you purchase include alcohol) and that you can provide sufficient evidence of that entitlement on request (e.g. NZ Driver’s Licence or Passport) prior to or upon delivery of the products.
(b) All information supplied by you to us is true and correct at the time you make any purchase on the website/email.
(c) Notwithstanding the above, we may refuse to accept your order at our sole discretion.
(d) We may disclose your information to your bank and Credit Card Company and for the purposes of any debt recovery proceedings we may issue against you.
(e) We may restrict your ability to purchase products via the website/email by imposing a credit limit on your account.
- f) Alcohol purchases must be purchased and signed for on delivery by someone over the age of 18. Delivery personnel will insist on age verification if, in their opinion, you look 18 years of age or younger.
- g) We are unable to leave alcohol unattended at an address. If there is no one over 18 available, we will be unable to complete delivery.
- h) By purchasing from this Website, you warrant and understand that it is your responsibility to show (or to procure that the person or persons receiving the goods (the “Recipient”) to show) current identification on request. The identification must include your, or the Recipient’s:
• date of birth;
i) If the goods cannot be delivered for any reason, such as you or the Recipient failing or refusing to accept the goods, or you or the Recipient failing to produce adequate identification, the goods will be returned to the depot of the delivery company and held for you to collect for a specified period from first attempted delivery. You must produce adequate identification in order to collect the goods.
- j) If the delivery person has reasonable grounds to believe that alcohol is not being purchased by a person aged over 18 for supply to minors, they may refuse to complete delivery.
4.1 Prices quoted on our website/email are inclusive of GST. You must pay us the full price quoted on the website/email at the time the order is submitted. Prices are given in New Zealand dollars.
4.2. We reserve the right to vary our prices without notice. No adjustments are made if the price of a product increases or decreases between the time the order is submitted and the time the product is delivered.
4.3 Prices and specials in our Cellar Door Shops and those available online may not necessarily be the same.
- TRANSIT COST
5.1 Product prices quoted do not include transit costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price. Purchases made on our website/email will be delivered only within New Zealand.
- MISTAKES IN PRICE ARISING FROM COMPUTER ERROR
6.1 In the event that computer error results in a material misstatement of the price of your order we may, prior to your receipt of the order or at any time thereafter, require that you pay us the different between the amount actually paid by you in respect of your order and the correct amount payable.
- PRODUCT AVAILABILITY
7.1 All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply products to you where they are not presently available or where our stock of the relevant product(s) has been exhausted. A full refund will be provided for the product selected that is not available.
- DELIVERY & TRANSIT
8.1 We will use our best endeavours to despatch orders no later than three business days after the day your order is received by us and you have received confirmation of your order from us via email or equivalent. We are not responsible for any failure to deliver or relay in delivery caused by any event outside of our reasonable control.
8.2 In the event that we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered unless we have contacted you and you have agreed to delivery at a later date.
8.3 Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).
8.4 Advice regarding order shortages or damage in transit must be given to our Customer Services team no later than three days after receipt of products. The Customer Services team can be phoned at the Winery on (03) 572 6406.
8.5 Delivery is complete when the products reach the address you have specified for delivery. We will be responsible for arranging the delivery of products unless you arrange otherwise with us.
8.6 Nothing in these terms entitles you to return the products as being surplus to your needs, or for any other reason other than set out herein.
- PAYMENT TERMS
CHARGES & INVOICING
9.1 You must pay us in full by credit card at the time that you submit your order.
9.2 If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.
9.3 We use “Payment Express” to securely authorise credit card payments before any charges are made. For further information regarding “Payment Express” and how it encrypts and processes transactions, please visit www.paymentexpress.com. Alternate payment options are unavailable online, please contact our Customer Services team if you wish to pay via a different method.
10.1 We represent and warrant to you that:
(a) We have the right to sell the products to you.
(b) The products are not subject to any undisclosed security or charge.
(c) You have the right to undisturbed possession of the products.
10.2 We represent and warrant to you that the products:
(a) Are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels.
(b) Are reasonably fit for the purpose that we represent.
(c) Supplied by description correspond with their description.
- CANCELLATION, RETURN AND REPLACEMENT
11.1 Subject to clause 8 of this agreement.
(a) After we have accepted your order for the products, you may not cancel the order without our consent.
(b) We will not consent to cancellation if we have processed documentation in fulfilment of your order.
(c) Returns for credit will be given at our discretion. The cost of return is your responsibility (unless as noted in 11.3 below).
(d) In the event that we consent to cancellation, we may require you to pay a minimum handling charge of $4.00 inclusive of GST per case or part thereof or a maximum of 15% of the total value of your order.
11.2 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.
11.3 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 FWL 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 FWL has breached a consumer guarantee). In all other circumstances, the delivery charge will be deducted from the refund to the consumer.
11.4 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 FWL’s discretion. If FWL agree to exchange a delivered product, additional delivery charges will be incurred at your expense. All returns (with the exception of faulty or damaged orders) must be in their original condition and packaging.
- USE OF YOUR INFORMATION
12.1 During the term of this agreement your use of the website/email will generate certain information that will be recorded electronically by us. Information of this type may include, for example, your IP address, your usage statistics, etc. We will also record your contact details, credit information and any related personal details that you supply or that we obtain independently.
12.2 You acknowledge that we, our employees, carriers, contractors and agents may use or disclose any of the information identified in the previous paragraph for purposes connected with the supply of the services to you. Examples of purposes connected with supply include, for example:
(a) administration of your account with Foley Wines or on the website/email.
(b) carrying out credit checks.
(c) keeping you up to date with new offers/changes at Foley Wines.
(d) sharing with contractors to enable you to use or facilitate your use of the website/email.
12.3 You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.
- CONSENT TO RECEIPT OF ELECTRONIC MESSAGES
13.1 You agree by registering on the website/email that you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive regular electronic communications and promotional communications from us. You have the right to ask us at any time to stop sending online communications and promotional offers to you.
- INTELLECTUAL PROPERTY RIGHTS
14.1 All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Foley Wines’ online shop and its contents owned by, and shall at all times remain the exclusive property of Foley Wines, its licensors and the providers of products accessible through Foley Wines’ online shop, and is protected by New Zealand law and international shop. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.
14.2 Any infringement of our intellectual property rights will be fully enforced under New Zealand law.
- GENERAL TERMS NO WAIVER
15.1 No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice any right, of that party.
15.2 If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the terms will remain in full force and have full effect. PRIVITY 15.3 Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
16.1 The website/email is provided for use by New Zealand residents. We make no representations that the website/email complies with the laws of any country outside of New Zealand. If you access the website/email from outside New Zealand, you do so at your own risk and you are responsible for complying with the laws in the place where you use the website/email when purchasing products online.
16.2 This agreement is governed by New Zealand law and any legal action against us must be taken in a Court in New Zealand.
17.1 You may not assign any rights under this agreement except with our prior written consent.
17.2 We may assign our rights under this agreement without seeking your prior consent.
18.1 We will send all invoices and notices required under this agreement to the address (postal, fax or email) that you have nominated as your preferred method of contact. It is your responsibility to ensure that you keep up us informed of any changes to your contact details.
18.2 You will be deemed to have received a notice:
(a) Sent by email or fax, at the time that we send it;
(b) Sent by post, four days after we send it.
19.1 We may change the terms of this agreement by sending you notice ("amendment notice") to that effect by your preferred contact method and supplying you with the amended agreement.
19.2 The agreement, as modified, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice.