Introduction
This website, ("Site"),is operated by The Wine Community Pty Ltd (“The Wine Community”, "we", "us", "our ") of Unit 2/23 Douglas Alexander Parade; Auckland, New Zealand 0632, NZBN 9429038285523 EXP 15/05/22, Off Licence 007/OFF/43/2019.
Acceptance of Terms and Conditions
Any person ("you", "your"), whouses our Site and/or places any order to purchase wines through our Site, our licensed premises, event show stand or Home Wine Tasting Experience, agrees to accept and abide by these terms and conditions and our Privacy Policy (https://thewinecommunity.co.nz/policies/privacy-policy) which shall include any terms that we amend from time to time.
The terms and conditions in force at the time of acceptance will apply to any order.
Accessing our Site
We may change the content of our Site at any time. If necessary, we may either suspend access to our Site, or close it indefinitely. We will not be liable if for any reason our Site is unavailable at any time or for any period. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. Any reliance upon the material on this Site shall be at your own risk.
To Purchase Liquor, You Must be Over 18
The Sale and Supply of Alcohol Act 2012 prohibits the sale of liquor to persons under the age of 18 years. When placing an order, you will be asked to confirm that you are 18 years of age or over and to supply your date of birth. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
The sale of liquor pursuant to the offer to purchase is made at our licensed premises attached to the Off Licence 007/OFF/43/2019 at Unit 2/23 Douglas Alexander Parade, Auckland, New Zealand 0632. Accordingly, your offer to purchase is subject to our acceptance of your certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the above-mentioned licensed premises.
Responsible Service of Alcohol
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. To order from us you must be 18 years of age or over. If buying wines or booking a Home Wine Tasting Experience as a gift, the recipient, and all participants in a Home Wine Tasting Experience, must be 18 years of age or over. We reserve the right to cancel or refuse delivery if you or any recipient does not produce acceptable proof of age documentation upon delivery confirming that they meet this requirement.
An acceptable proof of age document means:
By placing an order with us you:
warrant that you are not obtaining alcohol on behalf of a person under the age of 18 years.
Acceptance or Cancellation of an Order
An offer to purchase our wines will only be binding on us upon the acceptance of such offer pursuant to our Off Licence 007/OFF/43/2019 at our licensed premises which is situated at Unit 2/23 Douglas Alexander Parade, Auckland, New Zealand 0632. We reserve the right to accept or cancel any order in part or in full for any reason, including but not limited to:
In the event that stock is unavailable, we will do our best to supply stock of equal or better quality at no extra cost.
If we cancel an order placed through us, then we will endeavour to notify you of the cancellation within a reasonable period of time. If any payment has already been taken for the order, then the full payment amount will be refunded to your original payment method.
Payment Methods
We accept payment by credit card, cash, cheque, direct deposit, or The Wine Community gift voucher. By placing an order with us, you authorise us to debit the amount owing on the accepted order from your nominated payment method. In the event that we are unable to successfully process your payment for your order in a reasonable amount of time, then we reserve the right to cancel your order.
Where you have an account credit with us, we will debit this from your order total before any other payment method is processed.
Fees and Charges
Unless otherwise agreed by us in writing, we will charge you the full purchase price of each wine that is ordered quoted in in New Zealand dollars along with the freight and delivery fee provided to you at the time of ordering and GST where applicable.
You acknowledge that we are not obligated to match any prices for any wines, including matching any prices for a wine that is available through an alternative offer.
Prices for wines change from time to time, however, once we have accepted your order, we will not change any prices that apply to the wines in that order.
Cancellation of Orders
Payment in full must be received by us before wines will be delivered. All orders have a cooling off period of 10 days from order date. If you change your mind within this 10-day period we will organise a pick-up of the wines at no charge to you, and you will be refunded once the wines are returned to our Auckland Warehouse.
Risk and Title
Title to the wine passes to you upon us being paid in full for the order unless authority to leave ("ATL") has been specified, our delivery agents will require you to verify your identity and that you are over the age of 18 years.
Risk in the wine passes to you upon delivery of the wine to the delivery address, or in such manner as instructed by you. Where you have instructed us to use an ATL with the carrier, then the wine will be left at your address or your preferred ATL location, at your own risk, and the responsibility and title of the wine passes to you.
Returns
Return of goods outside the cooling-off period (10-days from purchase) is at the discretion ofThe Wine Community. Your Wine Consultant or our Customer Care team must be contacted on 0800 7437 684 (or at info@thewinecommunity.com) to arrange return and pick up by our carrier from the original delivery address, at The Wine Community’s cost if such return occurs during the 10-day cooling period. The conditions of returns are as follows:
If you fail to comply with the above, and wine is opened, damaged etc, then The Wine Community reserves the right to not accept any return or refund request.
Freight and Delivery
Deliveries will take place between 8AM and 7PM Mondays through to Fridays, excluding statutory public holidays in New Zealand.
We endeavour, with the assistance of our third-party carriers, to have wines delivered across the country. Delivery times will vary depending on the address location and whether someone is home at the time of delivery.
Our wine consultants will discuss delivery of your order with you and receive your instructions on how best to deliver the wines, they may also receive your authority to leave the wines in a particular spot at your address, in those cases where you may not be at home for prolonged periods and you do not wish our carrier to leave a calling card for you to arrange pick up on a future date.
We are required by law to give written instructions to our carriers as to how they may deliver, and that the person receiving the wines at the delivery address is over 18 years of age and has assumed authority to receive the wines.
A delivery fee is charged on all orders which varies depending on the point of delivery and the quantity of wine being delivered. Unless otherwise agreed to by us in advance, a delivery will not be made until we have received payment in full for the order being delivered. We reserve the right to cancel an order or suspend a delivery at our discretion. In those cases where an order has been cancelled outside the 10-day cooling off period but delivered and a customer requires a refund, the delivery fee will not be credited and refunded.
Breakage
In the event the wine gets damaged on delivery, we will, at our sole discretion, replace the items if you notify us within 7-days of delivery or 10-days of purchase (whichever is sooner). To notify us you must contact our Customer Care team on 0800-7437-684 or info@thewinecommunity.com
In the event that the wine is no longer available, we will do our best to supply an alternative of equal or better quality at no extra cost. If the replacement wines are not to your satisfaction and you would like to request a full refund, our standard return terms and conditions will apply.
1 Year Guarantee
We are committed to the quality of our wines and pride ourselves in being able to offer premium quality wines from around the world.
We believe our wine to be of par excellence quality and as such we provide a 1-year guarantee as to the quality of our wine. The quality of our wine, if stored properly, will age and develop over time and, as with all good wines, the flavours and aromas may change as they age. If you feel there is a quality issue with your wine, our customer care team would be happy to discuss an exchange or credit to your account (which can be used against your next order) any exchanges or credits will be at our sole discretion.
Home Wine Tasting Experience
We offer a unique home wine tasting experience ("Home Wine Tasting Experience"), in which our wine consultant comes to you, and allows you to taste our special wine range before you buy, and even then, if you find your taste has changed when you receive our wine, you must notify us within 7-days of delivery or 10-days of purchase (whichever is sooner) to contact our customer care team at 0800-7437-684 and we will be happy to discuss an exchange or credit to your account.
At all Home Wine Tasting Experiences, the tasting wines are supplied gratis for the purpose of the wine tasting experience only. The bottles used to supply the wine for tastings remain the property of us and will remain in the possession of us and returned to its licensed premises by the wine consultant on the completion of the Home Wine Tasting Experience.
Payment for the Home Wine Tasting Experience applies exclusively to the purchase of the single bottle of our flagship wine purchased as part of the Home Wine Tasting Experience, and our wine consultant’s services and expertise for attending and conducting the Home Wine Tasting Experience.
Promotions and Special Offers
Any specials, promotions, clearances, special offers or discounted items we advertise or offer to you are available only while stocks last unless we state otherwise.
Privacy & Security
We collect personal information when you visit our Site, submit personal information to us, or use our services. Our Privacy Policy governs how we handle personal information including how we collect, use, store and disclose that information in accordance with our obligations under the New Zealand Privacy Act 1993.
Content and Intellectual Property
The copyright, trademarks and other intellectual property rights contained within this Site are owned or licensed to us. All information provided on this Site was derived from sources which we believe to be accurate and is provided in good faith. We will not be held liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Site, or for any incorrect or misleading information provided on the Site.
You acknowledge and agree that the content on this Site is only intended for your own personal, non-commercial use and you may only download, print or use content for this purpose. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent.
We reserve the right to change, update or terminate the Site and its content or any part thereof at any time at our absolute discretion, without notice or liability to you.
Our Liability
Wine being an alcohol product (and any other alcohol product we may sell from time to time), requires sensible moderation, and we strongly recommend a balanced intake. To the fullest extent permitted by law and without limiting any statutory guarantees or warranties that cannot be excluded by law, we do not make, and have not made any warranty or representation as to the suitability of any product we supply for any particular purpose and to the fullest extent permitted by law, neither us nor any of our related entities will be liable for any loss, damage to property, personal injury or death, arising from or in connection with the use of any of our wines by you or any third party.
General Obligations
You must not use this Site for any activities that breach any laws, infringe a third party’s rights or knowingly transmit any viruses, worms, or malicious code.
This Site may contain links to external Sites that are not operated by us or our related associate companies. These links are provided for your convenience only and we make no endorsements, expressly or implied, regarding the goods or services provided on those Sites. We make no representations or warranties or have any responsibility or liability for the contents of those Sites. Relevant New Zealand law will apply to these terms and conditions and the relevant courts of New Zealand will have exclusive jurisdiction.
Disclaimer
All information, advice or other data on this Site is provided as general information only and should not be relied upon. We make all attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to wine descriptions or other content of this Site, is accurate, complete, reliable, current or error-free.
We make no representation and give no warranty or undertaking as to the timeliness, accuracy, completeness, effectiveness or reliability of the Site or its Content for any particular purpose.
We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Site, or the Site’s inability to meet your Needs. You must ensure that your access to the Site is not illegal or prohibited by laws which apply to you.
