1.GENERAL
By purchasing products and services from the website, you are entering into an agreement with Dunbar Estates Limited (“Dunbar Estates”) for the sale and purchase of wine products that you select on the basis of these terms and conditions. You must be 18 years or over and by using this website you acknowledge that you are over the age of 18 years. Delivery will only be within New Zealand and NOT overseas. These Terms and Conditions apply to all purchases of Dunbar Estates wine products by you from Dunbar Vineyards. Dunbar Estates may change these Terms from time to time using the process set out in clause 17. This is an important document which you must read through before purchasing wine products from our website. Making a purchase from our website will be deemed as acceptance of these Terms and Conditions.
2. DEFINITIONS
In these Terms unless the context otherwise requires: “You” or “your” means the purchaser. “Us”, “we” or “our” means Dunbar Estates. “Terms” means these Terms and Conditions and includes any other terms incorporated into it by reference. “Information” means all the information supplied by you to us via the website 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. “product” or “products” means all products available for purchase on our website. “Website” means our website, accessible via the www.www.dunbarestates.co.nz, domain name.
3. PURCHASE TERMS
When purchasing products on the website you confirm and acknowledge that: You are legally entitled to purchase 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. All information supplied by you to us is true and correct at the time you make any purchase on the website. Notwithstanding the above, we may refuse to accept your order at our sole discretion.
4. PRICE
Prices quoted on our website are inclusive of GST. You must pay us the full price quoted on the website at the time the order is submitted. Prices are listed in New Zealand dollars. 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. Prices and specials in our Cellar Door and in shops and those available online may not necessarily be the same.
5. FREIGHT COST
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.
6. MISTAKES IN PRICE ARISING FROM COMPUTER ERROR
In the event that computer, platform or software 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 difference between the amount actually paid by you in respect of your order and the correct amount payable.
7. PRODUCT AVAILABILITY
All products are sold subject to their availability. 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.
8. TITLE & DELIVERY
Title to products purchased on our website passes on delivery of the products. We will use our best endeavours to dispatch orders within 7 business days after the day your order is received by us. Delivery is complete when the products reach the address or instructions you have specified for delivery. We will be responsible for arranging the delivery of products through Kahurangi Estates Distribution Limited (KEDL) unless you arrange otherwise to collect from the Dunbar Estates Cellar Door. Please contact KEDL directly if any products are damaged in the delivery process. 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.
9. PAYMENT TERMS, CHARGES & INVOICING
You must pay us in full by credit card at the time that you submit your order. You agree to indemnify us against any default by your credit card company to make payment to us in full. We use “stripe” to securely authorise credit card payments before any charges are made. For further information regarding “stripe” and how it encrypts and processes transactions, please visit www.stripe.com
10. WARRANTIES
We represent and warrant to you that: We have the right to sell the products to you. The products are not subject to any undisclosed security or charge. You have the right to undisturbed possession of the products. We represent and warrant to you that the products: Are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels. Supplied by description corresponding with their description.
11. CANCELLATION, RETURN AND REPLACEMENT
Subject to clause 8 of these Terms, after we have accepted your order for the products, you may not cancel the order without our consent. We will not consent to cancellation if we have processed documentation in fulfilment of your order. Returns for credit will be given at our discretion. The cost of return is your responsibility.
12. PRIVACY AND USE OF YOUR INFORMATION
You acknowledge that your use of our website 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 and any related personal details that you supply. 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 products to you. 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. All payments via our online store are processed by “stripe”. For more information on their privacy policy please visit their website.
13. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES
You agree by registering on this website that you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive intermittent 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.
14. INTELLECTUAL PROPERTY RIGHTS
All rights, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Dunbar Estates’ online shop and its contents owned by, and shall at all times remain the exclusive property of Dunbar Estates Ltd, its licensors and the providers of products accessible through Dunbar Estates’ online shop, and is protected by New Zealand law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to you. Any infringement of our intellectual property rights will be fully enforced under New Zealand law.
15. GENERAL TERMS
No Waiver 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. Severability 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 Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contract and Commercial Law Act 2017.
16. JURISDICTION
The website complies with the laws of New Zealand. We make no representations that the website complies with the laws of any country outside of New Zealand. If you access the website 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 when purchasing products online. These Terms are governed by New Zealand law and any legal action against us must be taken in a Court in New Zealand.
17. AMENDMENTS
We reserve the right to make changes to the Terms as and when we feel changes are required. We encourage you to review these Terms from time to time, in particular when you are purchasing from our online store.