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Terms & Conditions

PLEASE READ THE FOLLOWING NZ TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

All users of this site must be over 18 years of age and agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

INTRODUCTION

About the supplier: Brockenchack Wines NZ Ltd trading as Brockenchack Wines (NZBN: 9429042111917) operates under New Zealand Remote Sales Off-Licence 68/OFF/1004/2017 (pursuant to the Sale and Supply of Alcohol Act 2012 and is endorsed under Section 40 of the Act.

Brockenchack Wines owns the website and is the supplier of wines via the website.

About these terms and conditions: Use of this website is acceptance of these terms and conditions. If you do not agree to these terms and conditions, do not use this website. These terms and conditions govern visitors’ access to and use of the website, and the supply of products ordered via the website. Brockenchack Wines NZ Ltd T/A Brockenchack Wines may modify or repeal these terms and conditions without prior notice. In case of a modification or repeal, the pre-existing terms and conditions continue to apply to any products ordered via the website before the change takes effect.

THE WEBSITE

Intellectual property: Material displayed on the website is subject to copyright, is owned by Brockenchack Wines NZ Ltd or its content suppliers and is protected by law. Brands and logos displayed on the website may be the subject of registered trademarks of Brockenchack Wines or its product suppliers and protected by law. A visitor to the website may access, display, download and print portions of the website for their own private non-commercial use and to order products via the website, subject to any additional restrictions displayed on the website. Any other use of material on the website is prohibited.

COPYRIGHT

All content included on this site, including but not limited to text, graphics, logos, button icons, images and software is the property of Brockenchack Wines NZ Ltd or its content suppliers and is protected by the New Zealand Copyright Act 1994 and other international copyright laws. This excludes property in which the rights of third parties are expressly identified on this site. Permission is granted to display and, subject to any expressly established restrictions or limitations relating to specific material, download or print portions of the material from the site solely for your own non-commercial use, or to place an order with Brockenchack Wines NZ Ltd. Any improper use, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.

Third-party links: If the website links to another website, Brockenchack Wines NZ Ltd (Brockenchack Wines) is not responsible for the content neither of such other website, nor for any use (or misuse) of information a visitor may supply to that other website, nor for any goods or services on offer at that other website. If a visitor has a problem with a third party website so linked, please notify Brockenchack Wines NZ Ltd.

Third-party content: If the website displays material sourced from a third party (including a supplier of product, or a consumer of product),  Brockenchack Wines does not warrant or represent the accuracy, utility or other characteristic of that material.

Visitors’ use of the website: A visitor to the website must not post on the website any material that is abusive, defamatory, and obscene, contrary to law or to the rights of any party.  Brockenchack Wines may block/delete from the website any material posted to the website that Brockenchack Wines decides contravenes that requirement. A visitor in using the website must not impersonate the identity of another person. A visitor must not attempt to use the website or any of its content to solicit others to participate in any organisation or commercial on-line service. Improper use of the website may result in the visitor being banned from the website, being liable to Brockenchack Wines for breach of contract and/or infringe applicable law.

Indemnity: A visitor agrees to indemnify, defend, and hold harmless each of Brockenchack Wines, its officers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs resulting from any violation of these terms and conditions or any activity related to the visitor’s account (including negligent or wrongful conduct) by the visitor or any other person accessing the website using the visitor’s Internet account.

Website functionality: Brockenchack Wines does not represent or warrant that the functions within the website would be uninterrupted or error-free, that any defects would be corrected, or that the website or the server that makes the website available is free of viruses or other harmful elements.

Password security: A visitor to the website allocated a password is responsible to prevent the password being disclosed to any third party.

Privacy: Visitors’ privacy is of the utmost important to Brockenchack Wines. No credit card details are retained on our website. Credit card details are only retained by our payment gateway providers Stripe who deploy and adhere to the strictest encryption and other technology with the aim of protecting personal details. Please refer to the Stripe NZ Privacy Policy. Access to the customer database within Brockenchack Wines is restricted. Brockenchack Wines does not sell, rent, trade or rent personal information. By providing their details to Brockenchack Wines on the website, a visitor consents to Brockenchack Wines maintaining, recording, holding and using that information to process their orders, to improve the service to customers and to inform the visitor of promotions. If a visitor has any questions regarding privacy, please direct those queries to Brockenchack Wines (info@brockenchack.com.au).

SUPPLY OF PRODUCTS

Buyers: To buy wine via the website, the buyer must be at least 18 years of age, be located within New Zealand and specify a delivery address within New Zealand. Under law, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By placing an order, the buyer confirms they are at least 18 years of age. If buying wine as a gift, the recipient must also be at least 18 years of age. Wine will generally be delivered by Courier and the Courier has the right to request photo identification if there is any doubt about the age of the recipient of the delivery. If that recipient is unable to produce appropriate identification, the Courier will not leave the wine.

Special offers: At any time Brockenchack Wines may terminate any special offer without advance notice.

Vouchers: Each promotional voucher may only be redeemed once per household. Vouchers may not be used in conjunction with any other vouchers – strict limit of one voucher per order.

Prices: Prices stated are in New Zealand Dollars (NZ$), and may be per bottle or per case, as stated. Prices include GST of 15%, unless otherwise stated. Delivery charges are extra and not included in stated prices.

Payment: A buyer must pay for their online order by Visa or MasterCard. There are no other payment methods accepted via the website. If the credit card issuer does not authorise the transaction, or later revokes authorisation for the transaction, Brockenchack Wines may cancel the order.

Pricing errors: If a product inadvertently appears on the website at the wrong price, Brockenchack Wines may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged. If a credit card was charged for the purchase and the order is so cancelled, Brockenchack Wines will notify the buyer and issue a credit to the credit card account in the amount of the wrong price.

Product availability: All products are offered for sale on the basis of while stocks last. If a product is out of stock, Brockenchack Wines NZ Ltd / Brockenchack Wines may substitute wines of at least equal quality.

Delivery: We ship wine to most places within New Zealand, generally by Courier. Flat rate shipping prices are listing at the top of the ‘Shop’ page of the website. Most orders will be delivered to your door; however some rural or remote areas will have delivery to the nearest post office for collection and signature. Brockenchack Wines will endeavour to deliver wine within 7-10 working days. For delivery addresses in rural areas, allow at least 14 working days. Brockenchack Wines does not however guarantee any specific delivery date. Wine is normally be delivered Monday to Friday 9.00 am to 5.00 pm and to either a business premises or a residence. If the premises is unattended, the wine will not be left, but rather the courier will leave a card and the buyer needs to arrange delivery to an attended address as a signature from a person aged over 18, will be required. Alternatively if the customer leaves specific “Authority to Leave” instructions at the time of placing their order, the Courier is allowed to leave the wine at their specified location. Please be aware that this absolves both the Courier company and Brockenchack Wines of any liability if you wine is weather damaged or stolen after being left in the position  nominated on your Authority to Leave instruction. .

Risk: Risk of damage, loss or deterioration to product passes to the buyer on delivery.

Breakages: If a case of wine is received with one or more broken bottles, Brockenchack Wines will issue a credit or send replacement bottles if the buyer so notifies Brockenchack Wines within 14 days of the date of the purchase.

Title: Product remains Brockenchack Wines’ property until paid for in full by the buyer.

Cancellations: Orders are placed at the buyer’s discretion and cancellations of orders will not be accepted, unless under extenuating circumstances. These will be reviewed on a case by case basis.

Returns: The return of wine cannot be accepted if you simply do not like it. All purchases from the Brockenchack Wines website are done so at your own discretion. The majority of our wines are under screwcap and therefore not subject to the risk of ‘spoiling’ as a corked wine might. If however the buyer believes that the wine has spoiled, the buyer must contact Brockenchack Wines within 30 days of the date of the invoice to discuss returning the wine in question. If the wrong vintage has been supplied in error, the buyer must notify Brockenchack Wines upon receipt of the delivery (and within 14 days of the date of the invoice). Where wine is to be returned, pending its return, the buyer is liable to keep the wine in a safe and proper manner and take reasonable care of it. Wine should be returned in the original box where possible and packed to avoid breakage in transit back to Brockenchack Wines. In this situation, upon receipt of the returned wine, Brockenchack Wines will replace the wine in question with a wine of equal style and value. Note vintages may vary. If a suitable replacement cannot be made, a refund may be possible.

Refunds: If a price refund is applicable, any price refunds will be affected within 30 days after Brockenchack Wines has been notified of the reason, conditional upon any returned wine being in original sealed and saleable condition.

Product warranties: Brockenchack Wines warrants that the product supplied is of merchantable quality when delivered. Subject to applicable law, Brockenchack Wines does not make any other warranty or representation about products on offer. In respect of any statutory warranty that Brockenchack Wines cannot exclude, subject to applicable law, Brockenchack Wines’ liability is limited, at its option, to the replacement or re-supply of the products or a refund of the cost of the products. Notices to Brockenchack Wines: To notify Brockenchack Wines, call on (0277 034 616) during 9am and 3pm NZEST Tuesday to Friday (excluding public holidays) or email info@brockenchack.com.au or post a letter to “Brockenchack Wines NZ Ltd, 108 Stalker Road, Lower Shotover, 9304 NZ.”

Notices to visitors: Brockenchack Wines may notify a visitor to the website by email, a general notice on the website, or by other reliable method to an address previously provided to Brockenchack Wines by the visitor.

Governing laws: The laws in New Zealand govern the use of the website and the supply of products.

Force majeure: Brockenchack Wines is excused from performing its supply obligations where and so long as prevented from doing so by reason of events beyond its reasonable control. Brockenchack Wines will endeavour to notify the buyer of the delay and its expected duration. If so prevented for longer than a reasonable time, Brockenchack Wines may elect to cancel the order without liability to the buyer.

Vouchers: If Brockenchack Wines issues a buyer a voucher to redeem against the future purchase of wine, the terms and conditions on that voucher apply and bind the holder of the voucher. Vouchers are non-transferable and may not be redeemed for cash.

Warning: Brockenchack Wines recommends that alcohol only be consumed in moderation. A case of wine is heavy, so extra care should be taken when lifting it. If you are concerned about the weight, transfer bottles 1 or 2 at a time. Red wine in particular may cause staining if spilt.