APPLICABILITY

These terms and conditions of sale (Terms of Sale) apply to all purchases of products by you from us using electronic means, including via our website (accessible via the www.cbfinewine.co.nz domain name) (Website) and any separate online web-portal operated by us (Online Portal), including in connection with an event hosted by us. Unless otherwise specified, all references in these Terms of Sale to “Website” shall be deemed to include any Online Portal through which you purchase products from us.

Any references to ‘we’, ‘our’ or ‘us’ in these Terms of Sale are references to Constellation Brands New Zealand Limited (NZBN: 9429000004565), operating from Kim Crawford Winery, 237 Hammerichs Road, Rapaura, Marlborough, New Zealand. Our Liquor License details can be found here: https://cbfinewine.co.nz/pages/off-licence.

Your use of this Website more generally is covered by our Website Terms of Use which can be found here:  https://cbfinewine.co.nz/pages/terms-of-use.

Our use of your information is subject to our Privacy Notice, which can be found here: https://cbfinewine.co.nz/pages/privacy-notice.

IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF SALE, OUR WEBSITE TERMS OF USE OR OUR PRIVACY NOTICE, PLEASE EXIT THIS WEBSITE IMMEDIATELY.  OTHERWISE BY ACCESSING AND USING THIS WEBSITE AND/OR BY PURCHASING PRODUCT VIA THE WEBSITE, YOU ARE AGREEING TO THESE TERMS OF SALE, OUR WEBSITE TERMS OF USE, OUR SHIPPING AND RETURNS POLICY AND OUR PRIVACY NOTICE. 

AGE RESTRICTIONS AND PURCHASER ACKNOWLEDGEMENTS

It is illegal for us to sell alcohol to anyone under the age of 18. It is illegal to buy alcohol when under the age of 18 or for any person over the age of 18 to buy or attempt to buy alcohol for any person under the age of 18. It is also illegal to make a false declaration of age in order to purchase alcohol. If you are under the age of 18, you must not attempt to use this Website to purchase alcohol. By placing an order for product via the Website, you confirm and undertake that:

• you (and the recipient of any product you order) are at least 18 years old; and
• you can provide sufficient evidence that you (and the recipient of any product you order) are at least 18 years old (e.g., New Zealand drivers’ licence, proof of age card, passport) prior to or upon delivery of the product.

You confirm and undertake that all information you supply to us at the time that you make any purchase via the Website is true and correct.

Notwithstanding the above, we may refuse to accept your order at our sole discretion.

PRICING

All prices quoted on our Website are in New Zealand Dollars with GST included and are listed as either or both a ‘per bottle’ price or ‘case price’, as marked.

You must pay us the full price quoted on our Website at the time that your order is submitted. 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.

Any delivery charges are additional unless otherwise specified.

Any discounted prices will be clearly listed on our Website.

We reserve the right to amend our prices without notice. No adjustments to an order will be made if the price of a product increases or decreases between the time an order for product is placed and the time the product is delivered.

AVAILABILITY

All products are subject to changes in availability, and may be geographically restricted. Promotional items may also be limited as to quantity. We shall not be responsible to you in the event we cannot supply products to you due to their unavailability or where our stock levels for a particular product have been exhausted. We agree to provide you with a full refund for any product that you purchase which is not available.

SHOPIFY

Our online store is hosted on Shopify Inc. Shopify Inc provides us with the online e-commerce platform that allows us to sell our products to you. The data that you provide when making a purchase via our Website is stored on Shopify’s data storage databases and the general Shopify application. Shopify store your data on a secure server behind a firewall.

Payment

If you choose a direct payment gateway to complete your purchase, Shopify will store your credit card data. This data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After your purchase transaction is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands such as Visa, Mastercard and American Express. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more information, you can refer to Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).

SHIPPING AND RETURNS

Our Shipping and Returns Policy is explained here https://cbfinewine.co.nz/pages/shipping-and-returns. Delivery of an order is deemed to be complete when the products in that order have reached the address you have specified for delivery. We are not responsible for any failure to deliver, or any delay in delivery, caused by any event outside of our reasonable control.

USE OF PERSONAL INFORMATION

By placing an order for products through the Website you are expressly authorising us to provide your details as entered on the Website (including without limitation your name, address and phone number) to third-party suppliers so they can process your order and arrange for the delivery of those products to you. We may also use your personal details to communicate with you, including in respect of products and services, special offers and events, which might interest you (Marketing Communications). Such Marketing Communications may be sent to you using a third-party email or SMS marketing app, in which case we will share your details with such app to the extent necessary to send such Marketing Communications to you. You can opt out of receiving Marketing Communications from us at any time by emailing us concierge@cbfinewine.co.nz or by unsubscribing from our mailing list by following the instructions in our emails. Please refer to our Privacy Notice for all matters relating to our collection, use and disclosure of your information.

OUR PRODUCTS AND LIABILITY

Please note that the representations of products on our Website are intended for descriptive and illustrative purposes, and actual products may vary slightly. Spillage, breakage and other loss or damage caused by customer handling will not be our liability. You should also be aware of the following inherent risks and warnings:

• Alcohol should be consumed in moderation;
• When opening, Champagnes and sparkling wines can be volatile due to build-up of gases. Extra care should be taken when opening and unpacking cases which contain these products, as well as when removing the cork from these products;
• A case of wine can be heavy, so when lifting it extra care should be taken; and
• Extra care should be taken when opening cases with sharp objects such as scissors or knives.

WARRANTIES

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 the product packaging or labels.

Your rights under the Consumer Guarantees Act 1993 are not affected by these Terms of Sale.

ERRORS AND OMISSIONS

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions (together, "errors") that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). In the event that an error results in a material misstatement of the price of an order placed by you, we may, prior to your receipt of your order or at any time thereafter, require you to pay us the difference between the amount you actually paid for your order, and the correct amount payable.

GOVERNING LAWS

These Terms of Sale are governed by the laws of New Zealand. 

AMENDMENTS

We may amend these Terms of Sale from time to time. By making any purchase, you are deemed to have agreed to the then current Terms of Sale. 

SEVERABILITY

If any part of these Terms of Sale is determined to be unlawful, void or unenforceable, that part will be severed and the remainder of the Terms will remain in full force and have full effect.

NO WAIVER

Our delay or failure to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.

NOTICES

We will send all notices (including invoices) required to be sent to you under these Terms of Sale or in connection with any product you purchase from us, to the address (postal or email) that you nominated as your preferred method of contact at the time of purchase. It is your responsibility to ensure that you keep us informed of any changes to your contact details.

You will be deemed to have received a notice from us:

• if sent by email, at the time of sending; or
• if sent by post, four days after sending.

CONTACT US

If you have any questions or concerns in relation to these Terms of Sale, please contact us: concierge@cbfinewine.co.nz