Terms and Conditions
We collect personal information from you, including information about your:
Nname; contact information; location; computer or network interactions with us; billing or purchase information; ID
We collect your personal information in order to:
comply with the Sale of Alcohol Act 2012. Tailor the most effective delivery mechanism to get our products to you. Advertise and market make our suggested products relevant to you.
Besides our staff, we share this information with:
District Licensing in order to prove that our customers are of legal drinking age. Providing some information is optional. If you choose not to enter confirmation of age verification, we'll be unable to sell them alcohol..
We keep your information safe by storing it in encrypted files .
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at firstname.lastname@example.org, or +64 277499007, or 164 Hurstmere Road, Takapuna, Auckland.
Terms and Conditions - Best Wine Company (Trading as Lost and Found Wines)
In general if you have any issue with your order please email email@example.com
The Customer shall pay Best Wine Company for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.
Prices and specials available on the Best Wine Company’s web-store may not necessarily be the same as the prices and specials available in Best Wine Company’s other stores. Any prices and specials available in Best Wine Company’s web-store will only apply to Products purchased if those prices or specials are specifically displayed on the Best Wine Company web-store.
Best Wine Company may vary the prices of the Products at any time without notice.
The prices of Products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and ay other sales tax.
2.4 Delivery Fee
There is no additional delivery fee for the Products as the delivery fee is included in the price of the Products sold through the Best Wine Company’s web-store. All other Best Wine Company stores may require the Customer to pay a delivery fee in addition to the Customer order. Best Wine Company may add a delivery fee or change a delivery fee at any time.
The Customer will be notified of any adjustment made to the total price of their order on the invoice or receipt, which will accompany the purchased Products in delivery.
Best Wine Company may from time to time set credit limits for individual Customers.
3. Product availability, range, specials and quality
3.1 Product availability
Every effort will be made to fulfil orders placed with the Best Wine Company store and Best Wine Company’s online ordering system, but no member of Best Wine Company shall be liable to any person if Best Wine Company is unable to or declines to supply a Product for any reason whatsoever.
Specials are subject to availability while stocks last. Best Wine Company’s store and online ordering system does not allow back orders for specials that are out of stock.
3.3 Product quality
If Best Wine Company agrees that a Product was delivered to a Customer in a damaged condition, and that this Product is made available for inspection, Best Wine Company shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally orders).
4.1 Method of Payment
Customers must pay Best Wine Company for the product purchased. Best Wine Company’s online store and Best Wine Company’s online ordering system accepts all credit cards for payment. Credit Cards must be sighted upon delivery. Paying online prior to delivery is the only way Best Wine Company collects payment when delivering with Hell.
4.2 Payment by credit card
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made.
NEW customers who are paying for their delivery by credit card may be asked to provide up to 2 forms of identification. The said credit card and a photo ID, i.e. drivers license, passport for signature verification.
Each time you load a credit and debit card into the Best Wine Company online store, you authorize a temporary hold of NZD $0.01 against that credit or debit card. Best Wine Company is not responsible for and has no influence over, the time it takes for your bank to release the $0.01 hold. Please contact your bank if you have any questions. In general, this period is 7 days for Visa/Mastercard branded cards, and 14 days for American Express-branded cards.
Best Wine Company reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Product ordered, Best Wine Company shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.4 Debt Collection
The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.
4.5 Change to payment policy
Best Wine Company may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.
5. Alcohol purchase
You must be 18 years or older to use this online store to purchase alcohol. It is your responsibility to provide current valid ID (either a Passport, NZ Drivers Licence, Hospitality NZ 18+ card, or Kiwi Access Card) to the delivery driver. Someone over the age of 18 must be available to take delivery at the requested time – and they must have ID on them too. NO ID = NO DELIVERY. Best Wine Company retains the right to withhold delivery if it has any reason to believe that the laws relating to the supply of alcohol may be breached by the delivery.
6.1 Right to withhold delivery
Best Wine Company reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until alternative delivery methods are made for those Products.
6.2 Third party delivery
Best Wine Company uses third party delivery drivers to delivery its Products to the Customer so that the Product can be delivered to the Customer simultaneously with other HELL Products.
6.3 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, Best Wine Company SHALL NOT be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies Best Wine Company for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
6.4 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to Best Wine Company’s couriers, and that it is safe for those couriers to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Best Wine Company reserves the right to charge Customers an additional delivery fee in respect of any deliveries repeated in accordance with this clause.
6.5 Change of address
The Customer shall notify Best Wine Company of a change to its delivery address.
6.6 Delivery deemed to have taken place
If no person is present at the Delivery Point at the time of delivery, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
6.7 Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer must:
(a) Notify Best Wine Company that the Product was not ordered, and:
(b) Best Wine Company will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), Best Wine Company reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, Best Wine Company reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Best Wine Company will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock Best Wine Company may cancel the order for that Product) (in each case without incurring any cancellation fee), and Best Wine Company will refund the value of the relevant Product (as at the date on which the Product was ordered).
7. Variation/cancellation of order
Unfortunately, due to the quick dispatch of the Product, all orders placed on the Best Wine Company web-store are final and cannot be modified once the transaction is complete.
Best Wine Company can collect personal information from you, including information about your: name; contact information; location; computer or network; interactions with us; billing or purchase information; ID
We collect your personal information in order to: comply with the Sale of Alcohol Act 2012; tailer the most effective delivery mechanism to get our products to you; make our suggested products relevant to you.
Besides our staff, we share this information with: District Licensing in order to prove that our customers are of legal drinking age. Providing some information is optional. If you choose not to enter confirmation of age verification, we'll be unable to sell them alcohol. We keep your information safe by storing it in encrypted files .
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at firstname.lastname@example.org, or +64 277499007.
9. Property / Risk
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of Best Wine Company other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that Best Wine Company DOES NOT assume any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.
11. Liability and Indemnity
11.1 Product liability
The liability of Best Wine Company in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Best Wine Company’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
11.2 No liability for indirect loss
Best Wine Company SHALL NOT be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, the Best Wine Company web-store, or the delivery or failure to deliver any Products.
11.3 Product liability
Notwithstanding any other term, the Customer agrees to indemnify Best Wine Company against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against Best Wine Company, arising directly or indirectly out of the Customer's use of the Best Wine Company web-store, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphics and other material relating to the Best Wine Company web-store, Best Wine Company online ordering system, the Best Wine Company brand, promotional items and its contents is owned by, and shall at all times remain the exclusive property of Best Wine Company, its licensors and the providers of any other products and services accessible through Best Wine Company web-store, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any license of intellectual property rights to the Customer.
12. Force Majeure
If the performance by Best Wine Company of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Best Wine Company), Best Wine Company shall be excused from such performance to the extent of such prevention.