Terms & Conditions
By using the Gem Wine ordering facility you acknowledge that you have read and understood and agree to be bound by the Terms & Conditions. When you purchase wine by using www.gemwine.co.nz, you accept these Terms and Conditions, and the specific conditions that apply to that purchase. Together these terms and conditions form a legal contract between you the “Buyer” and The Studio Wine Company Ltd trading as GEM, the “Seller” when you purchase Goods.
If you have any questions regarding these Terms and Conditions please contact us at firstname.lastname@example.org
1. PRICE AND ORDERS
All purchasers of wine from this site declare that they are 18 years of age or older. All prices are stated in New Zealand dollars (NZ$), and include Goods and Services Tax (GST).
Prices displayed on the website are subject to change without notice. Prices for items on an Order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.
In the event that computer error results in a material misstatement of the Customer’s order GEM may require that the Customer pay GEM the difference between the amount charged for the order and the correct amount payable.
There is no obligation on the Seller to inquire as to the authority of any person placing an Order on behalf of the Buyer.
GEM operates a credit card payment process to enable you to make payment for all purchases of Goods.
Your credit card details will be captured at the time you place an Order.
Your Credit Card will be charged once your Order has been accepted and prior to dispatch.
Alternative payment arrangements can be made by contacting Gem Wine at email@example.com
No Order will be shipped until payment has been received and the funds cleared.
3. DELIVERY, RISK and SECURITY
Delivery will be made to a New Zealand address nominated on the Order by the Buyer. Delivery will usually be made within 4-7 working days. Risk of any loss, damage or deterioration of or to the Goods passes to the Buyer on delivery.
If goods are faulty or damaged please return to us within 7 days. See clause 4. “Refund Policy.”
4. REFUND POLICY
If for any reason you are not satisfied with your purchase please call us directly on 09 810 9333.
We do not have to provide a refund if you have changed your mind about a particular purchase or would like to cancel your Order, so please choose your wine carefully. A refund is at our discretion. You may also incur the return freight charge.
If the Goods you have received are damaged, faulty or defective in anyway, we will replace. Notification to GEM must be made within 5 working days.
5. SITE CONTENT / AVAILABILITY
Although the information provided in this site is presented in good faith and believed to be correct as at the date it was submitted, we make no warranties or representations about the accuracy or completeness of this site and its contents. We will not be liable for any damage, loss, claim or expense suffered as a result of the information on this site not being accurate or updated.
6. INTELLECTUAL PROPERTY
The Buyer acknowledges that the Seller is the exclusive owner of all Intellectual Property in any Goods and related services supplied to the Buyer under these Terms or otherwise. The Buyer will not claim any interest in the intellectual property in those Goods nor will it in any way attempt to or allow the copying or reengineering of those Goods. For the purposes of this clause ‘Intellectual Property’ means any patent, design, trade mark, copyright, know how, trade secret and any other proprietary right or form of intellectual property (whether protectable by registration or not) in respect of any technology, concept, idea, data, programme or other software (including, without limitation, source and object codes, specifications and process).
The Buyer also acknowledges that GEM is the exclusive owner of the www.gemwine.co.nz website and owns all intellectual property rights including copyright in the form, display and content of the website.
The Buyer agrees that GEM may use any information it has about the Buyer relating to the Buyer’s creditworthiness and give that information to any other person, including any credit or debt collection agency for credit assessment and or, debt collection purposes.
8. GOVERNING LAW
These Terms will be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.
9. WORDS USED IN THESE TERMS
“Amount Owing” means, at any time, all amounts owing by the Buyer to the Seller under these Terms.
“Buyer” means the person purchasing the Goods from the Seller pursuant to these Terms, including that person’s successors and assigns.
“GEM” means The Studio Wine Company Ltd, the owner and operator of the website, www.gemwine.co.nz upon which the Goods are being promoted and through which they are being sold.
“Goods” means all goods and/or services supplied to the Buyer by the Seller under these Terms now and at any time in the future.
“Order” means an order placed by the Buyer with the Seller for the purchase of Goods.
“Order Acknowledgement” means the acceptance of an Order communicated by the Seller to the Buyer whether by written notification or otherwise.
“Ownership” means the property in and legal and beneficial ownership to the Goods.
“Price” means the purchase price of the Goods as most recently specified by the Seller to the Buyer in writing or otherwise.
“Seller” means GEM.
“Terms” means these terms of sale and, as the context requires, each contract entered into between the Buyer and the Seller for the supply of Goods and each invoice issued by the Seller to the Buyer for Goods into which these terms of sale are incorporated.
References to legislation includes as amended, re-enacted or substituted and any statutory instruments, regulations and orders issues under such legislation.
We use a third party secure payment service provided by PayPal to process all credit card transactions.
We respect your privacy and will protect it. We only disclose information to third parties where necessary e.g. your address to a third party courier when we are needing that courier to make a delivery to you. We ensure that we comply, for your peace of mind and our protection, with the Privacy and Consumers Guarantee Acts.
Please note that www.gemwine.co.nz collects and retains information regarding visitors to the site and products purchased for the following purposes:
1. Advising members of new offers
2. To statistically analyse site usage and products purchased
3. To improve content and product offering on the site
4. To improve customer ease and satisfaction.
Personal information collected for the above purposes will be retained by www.gemwine.co.nz in its database. You have the right under the Privacy Act 1993 to access any personal information held about you and to request correction of the www.gemwine.co.nz database. You can do this by sending an e-mail request to the following address firstname.lastname@example.org
By placing an Order for product through the site you are also expressly authorising www.gemwine.co.nz to provide your details as entered on the site (including without limit your name, address, phone numbers) to suppliers so they can process your payment for orders placed with them for products and arrange for the delivery of those products to you (note. www.gemwine.co.nz does not retain any details relating to credit cards used to order products).
Other than as set out in these terms your information will not be made available to any other organisation.
12. EMAIL POLICY
Where you have subscribed to the Gem Wine Club on the site or where you have provided your email address in the course of placing an order you have authorised us to contact you by email to advise you of offers being advertised on the site. In general new products are released and communicated via an email which allows easy access to advertisements for products on sale on the site. We may send further emails to advise you of newly released exclusive offers, particularly limited offers or offers which we think may be of particular interest to you. You may advise us at any time that you no longer wish to receive emails from www.gemwine.co.nz and upon receipt of such advice we will remove your email address from our mailing list.