These Terms & Conditions relate to TheWineLife Subscription packages.
For additional purchases made through our ‘Buy NZ Wine’ online shop, see separate Terms & Conditions here.
Your purchase and use of the subscription package products and services available via this Website is subject to the following terms and conditions. By using this Website you confirm that you have read, understood and accepted these terms and conditions of sale, and agree to be bound by them.
SALE AND PURCHASE OF PRODUCTS
Registration and Subscription Rules
a. As part of your registration for TheWineLife service you must select a Subscription package.
b. You agree to pay for the Products ordered in accordance with your Subscription package.
c. Subject to your Subscription, your order constitutes an order for a recurring purchase and delivery of Products and will, subject to the rights to pause and terminate, continue indefinitely.
d. A Subscription can be paused or terminated in accordance with these terms and conditions.
e. One-off purchases of yearly subscriptions are non-refundable.
f. Yearly subscriptions cannot be paused or terminated.
g. You warrant that you are over the age of 18 years and legally entitled to select a Subscription for purchase of the Products.
h. You understand that TheWineLife Limited may contact you to verify your age. If TheWineLife are not satisfied as to your ability to truthfully provide the above warranty, TheWineLife reserves its right to cancel your order.
i. You warrant that you are not under the influence of alcohol at the time your order is submitted.
j. In accordance with our website policy, you agree to keep your Login details safe and confidential at all times, and to ensure that no person or persons use your Login to purchase any Products.
k. The Delivery Frequency of a Subscription package is once a month.
l. All orders, Delivery Point changes and requests for pausing or terminating of orders must be received by 2400 hours (midnight) on the day before your monthly payment date.
m. All deliveries will be made (subject to the Delivery Timeframes detailed below) to the requested Delivery Point.
n. In order to receive your delivery, you must ensure that a person over the age of 18 years, and not under the influence of alcohol, is available at the Delivery Point to accept your delivery. TheWineLife Limited reserves its rights to require its couriers to request the person accepting the delivery to provide suitable evidence of their age for verification purposes.
o. If suitable evidence of age is withheld or no person is present to accept delivery, TheWineLife’s courier may refuse the release and delivery of an order. Such an event would be considered a failed delivery and would be subject to the provisions of failed deliveries under these terms and conditions. TheWineLife Limited will be verifying age of the customers both at time of purchase AND at the time of delivery.
p. TheWineLife’s courier will leave deliveries in a specified location at the Delivery Point if special instructions have been provided during the placing of the order. In giving these instructions, you are giving the courier permission to leave the wine without a signature. The wine becomes entirely your responsibility in the case of loss/theft once placed in your requested location.
q. If TheWineLife or the courier have reasonable grounds to suspect that the delivery and supply of Products would have the effect of supplying alcohol to persons under 18 years of age, TheWineLife reserves the right to refuse to release the order and the provisions of failed deliveries will apply.
r. All communications relating to your Subscription must be submitted via your TheWineLife account, via email to email@example.com or 0800 WINELIFE (0800 946 354).
Rules for adding Extras to your Subscription
a. You can only choose an Extra which is associated with an order for delivery of a Subscription package that you have also ordered.
b. Your order constitutes an order for an ongoing and regular purchase and delivery of Extras selected and will, subject to your continuing and ongoing order for the regular purchase and delivery of the associated Subscription package and the rights to terminate set out in these terms and conditions, continue indefinitely.
c. You can choose to terminate (indefinitely) your order for an Extra or Extras independently of your associated Subscription package.
d. Your order for an Extra or Extras will terminate automatically if you terminate the associated order for a Subscription package.
e. Your order for an Extra or Extras will pause if you choose to pause your associated order of a Subscription package (for the same period as you pause the order for a Subscription package).
f. The cut off day and time for ordering, or pausing or terminating an order is on the day before your monthly payment date at 2400 hours (midnight).
g. The cut off point for changing Delivery Point is on the day before your monthly payment date at 2400 hours (midnight).
h. Deliveries are made at the same time as delivery of the associated Subscription package.
Rules for adding Occasional packages to your Subscription
a. Where we offer an Occasional package, you can order this via the website.
b. Orders for Occasional packages are one-off and do not involve ongoing and regular purchases.
c. We will tell you (via the Website and/or email contact) when Occasional packages are due to be delivered.
d. We will also advise you (via the Website and/or email contact) what the cut off day and time for ordering, changing Delivery Point details and/or dates for pausing or terminating an order is for that Occasional package.
You understand that TheWineLife has the absolute discretion to:
a. refuse the registration application of a potential Customer for any reason whatsoever;
b. to accept and fulfill any order placed on its website;
c. to cancel any order for any reason whatsoever; and
d. to suspend or terminate the ability of any Customer to order through the Website for any reason whatsoever.
CUSTOMER LIABLE FOR EVERY ORDER
You are liable for every order made under your Login which has not been cancelled or paused pursuant to the Registration and Subscription Rules.
TRADE NOT SUPPLIED
Unless otherwise agreed with TheWineLife, you may not purchase any Products through the website for the purpose of resale or distribution.
PRICE AND PAYMENT
a. You must pay for your Subscription via our Website using credit or debit card only. Our Website does not accept any other forms of payment.
b. Your first Subscription payment will be taken at the time of order.
c. All future payments for your Subscription will be invoiced and deducted or debited from your nominated credit or debit card on the same date as your original sign up each month (e.g. if you originally signed up to a subscription package and made your first payment on the 15th September, recurring payments will be taken on the 15th of each month until the subscription is paused or cancelled).
d. If you originally signed up on the 31st of a month, for months with only 30 days, your payment will defer to the 30th. For the month of February, if payment usually falls on the 29th, 30th or 31st, it will defer to the 28th.
e. One-off payments for yearly subscriptions will be taken at the time of order.
f. All prices are quoted in New Zealand dollars and are inclusive of GST and delivery fees.
g. All prices for Subscriptions are as displayed on the Website.
h. TheWineLife reserves the right to change the prices from time to time during the term of this agreement.
i. TheWineLife will notify you of any price increase by email at least seven days before the Delivery Timeframe for any affected Subscription.
j. If your credit or debit card is declined or fails to process payment for your Subscription, TheWineLife may decline to deliver the relevant order or contact you directly to make alternative payment arrangements.
k. TheWineLife reserves the right to refuse to accept any payment from any particular Customer for any reason whatsoever.
l. If you are invoiced or charged incorrectly, TheWineLife will make the necessary adjustments to your invoice/charge to reflect the correct sum. TheWineLife reserves the right to either credit/debit your credit or debit card or credit/debit your account balance via your online account.
m. TheWineLife reserves its rights to recover any debt via a debt collection agency. You agree to indemnify TheWineLife for the costs of collection of any overdue amounts, including the costs incurred by TheWineLife in recovering the debt.
PRODUCT AVAILABILITY, QUALITY AND QUANTITY
a. TheWineLife will make every effort to fulfil orders placed with TheWineLife and its Website; however, no Customer of TheWineLife shall be liable to any person if TheWineLife is unable to or declines to supply any Products for any reason whatsoever.
b. TheWineLife reserves the right to limit quantities able to be ordered by, or delivered to you. If your order is reduced with this clause, the price payable by you will be adjusted accordingly.
c. TheWineLife may delay the dispatch of orders due to stock availability. If TheWineLife is unable to or declines to supply any products to you, TheWineLife may substitute for similar Products of equal or higher value.
d. TheWineLife will do all things reasonable to ensure the quality of its Products. If TheWineLife agrees that Products were delivered to you in a damaged or spoiled condition, TheWineLife shall, at your request, send a replacement product or credit the value of the relevant product to your credit or debit card or to your online account and take any other step as may be required by the Consumer Guarantees Act 1993.
e. Due to the selected wines being special, often limited edition productions, the content of TheWineLife Bon Vivant subscription package may vary from customer to customer according to availability.
I. All deliveries will be subject to these terms and conditions.
II. You will be immediately notified upon registration if TheWineLife is unable to deliver to your address. All delivery locations are accepted based on suburb and postcode confirmation.
III. TheWineLife reserves the right to withhold the delivery of any Products to you for any reason whatsoever. You will not be charged for any products which have been withheld by TheWineLife.
IV. All deliveries will be made to the Delivery Point in accordance with the Delivery Timeframes.
V. Our Delivery Timeframe is guaranteed delivery within 5 working days of the monthly payment date.
VI. TheWineLife is entitled to commission a third party to make deliveries. TheWineLife will not be liable for any direct or indirect damage or loss (including negligence) suffered by you or any third party in making your delivery.
VII. TheWineLife shall be entitled to assume that the person accepting delivery of your Products is either the Customer or someone authorised by you to accept delivery on your behalf.
VIII. You must ensure that your Delivery Point is easily accessible by TheWineLife’s contractor. If, in our contractor’s opinion, the Delivery Point is inaccessible, or for whatever reason, the Delivery Point is deemed unsafe, TheWineLife will make contact with you to make alternative arrangements.
IX. TheWineLife reserves its rights to charge further delivery fees for such repeated deliveries. Such deliveries include without limitation the requirement to re-deliver Products due to your inability to provide evidence of legal age in accordance with the Registration and Subscription Rules (“Failed Deliveries”).
X. You must notify TheWineLife of any change in your Delivery Point by logging into your account and amending your delivery details by 2400 hours (midnight) on the day before your monthly payment date.
XI. TheWineLife aims to deliver on time, but may from time to time, due to reasons beyond its control, be delayed and shall not be liable for failure to deliver on a timely basis. If the delay is considered by TheWineLife as substantial, TheWineLife will contact you to make alternative arrangements.
XII. Where a Delivery Timeframe falls on a public holiday, TheWineLife will organise delivery on the next working (non-holiday) day.
OWNERSHIP AND RISK
Ownership, responsibility and risk in the Products shall pass to you on delivery to the Delivery Point.
To the maximum extent permitted by law, the Website and our Products are provided on an “as is” basis without any warranty of any kind, whether express or implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, accuracy, non-infringement, guarantees or conditions of merchantability and/or fitness for a particular purpose. TheWineLife does not warrant that the Website is error free or that any services provided in relation to the Website will be uninterrupted.
You acknowledge that you do not rely on any representation or statement made by or on behalf of any Customer or employee of TheWineLife other than the express provisions of these terms and conditions. You must ensure that Products purchased by you are not used for any purpose other than for what they are reasonably deemed suitable.
You understand and acknowledge that you accept and are responsible for your use of the Website and that you will use all necessary skill and care in handling and using the Products. You expressly acknowledge and agree that TheWineLife does not assume any obligation or liability for any information provided, and that all Products delivered are accepted by you entirely at your risk.
Buying Gift Vouchers online
a. Gift vouchers may be purchased online from anywhere in the world, but we can only deliver Subscription packages and associated products to addresses within New Zealand that we service (so you need to be certain that your intended recipient is within an area that we service when purchasing a TheWineLife gift voucher).
b. We will deliver gift vouchers purchased by you via email to the recipient email address specified during the voucher purchase process.
c. You are responsible for ensuring that all information provided in relation to purchase is correct.
Spending Gift Vouchers online
a. Only TheWineLife gift vouchers can be redeemed on the Website. These gift vouchers can only be used to purchase our Subscription packages. They cannot be used to make purchases on our online shop.
b. On the ‘Confirm your order’ page, enter the unique voucher code and then follow the instructions to complete your purchase.
c. Upon redeeming a voucher, payment card details for future subscription payments will be required; however you can very easily pause or cancel your subscription by logging into your online account at any time.
Gift Voucher Terms & Conditions
a. TheWineLife vouchers can only be purchased online via the Website.
b. You can purchase a gift voucher for either a one-off delivery of a Subscription package, or you can gift a whole year’s subscription to a chosen Subscription package.
c. Each unique voucher code is for single use only, therefore the value of the voucher cannot be split over multiple orders.
d. TheWineLife is not responsible if a gift voucher is used without permission.
e. Gift vouchers will not be refunded or replaced.
f. Gift voucher value cannot be redeemed for cash or credited to a bank account.
g. All purchases of Subscription packages and associated products using a gift voucher will otherwise be subject to these terms and conditions.
h. We do not include our free recipe folder with one month Subscription package orders made using a gift voucher. If the gift voucher recipient chooses to continue paying for their subscription using credit or debit card, we will send a recipe folder out with their first paid Subscription package delivery.
Either party may terminate this agreement immediately on notice to the other if the other:
1. Being a company:
i. goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or
ii. has a receiver or statutory manager appointed; or
iii. goes into voluntary administration; or
2. Being a natural person:
i. dies; or
ii. commits any act of bankruptcy; or
iii. commits any criminal offence punishable by imprisonment; or
iv. proposes or enters into any scheme of arrangement or composition with its creditors; or
v. fails to pay an amount due under this agreement within 7 days of the due date; or
vi. breaches any other term of this agreement and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.
Except in the case of orders which you have paid for, you can pause or terminate this agreement at any time temporarily or indefinitely by notifying us via our Website. Such termination or pausing must be notified in accordance with the required timeframes of the Registration and Subscription Rules.
Termination of this agreement does not relieve the parties from liability under this agreement up to the time of termination, nor does it relieve either party of any obligation to pay any money owed by it to the other party on any account whatsoever. You agree that TheWineLife can continue to market our Products and services to you after termination unless you advise us that you do not wish to receive any further material from us.
If orders are not paid for in full or your bank declines payment and as a result money is owing to TheWineLife, then TheWineLife reserves the right to suspend your ability to place further orders on the website until such time as the outstanding balance has been paid in full.
TheWineLife’s failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.
All right, title and interests in and to all Intellectual Property in all concepts, systems, processes, know-how, written, graphic and other material relating to the Website and the Products is owned by, and shall at all times remain the exclusive property of TheWineLife Limited, its licensors and the providers of any Products and services accessible or provided through the Website, and is protected by New Zealand and international law.
Any comment, feedback, idea or suggestions (“Comments”) which you provide to TheWineLife through the Website becomes TheWineLife’s Intellectual Property. If in the future TheWineLife uses your Comments in promoting the Website or in any other format, TheWineLife will not be liable to you for any loss, cost or expense which may arise from such use. Furthermore, you agree that TheWineLife is entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you do provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
PRIVACY AND USE OF INFORMATION
TheWineLife will comply with the Privacy Act 1993 in relation to any applicable information you supply via your registration on the Website.
TheWineLife will only use any data you provide and which identifies you for the purpose of which it is supplied to TheWineLife and will not use it for any other purpose or supply it to any third party except as required by law or authorised by you. Authorised disclosure includes but is not limited to:
a. The marketing of TheWineLife;
b. Financial institutions including credit and debt referral agencies; and
c. Business advisors.
TheWineLife will keep any data received safe and secure. The WineLife may engage third parties to provide you with goods and services on their behalf or carry out administrative or other functions on their behalf. In that circumstance, TheWineLife may disclose your personal information to those third parties.
TheWineLife reserves the right to use aggregate data (in a non-identifiable form) supplied to TheWineLife by you for their own business purposes including the improvement of the Website and their services.
TheWineLife may send you electronic messages which facilitate, complete, or confirm any transaction you enter into with us in relation to the Website. If you consent to receiving other electronic messages from TheWineLife, you consent to receiving commercial electronic marketing messages from TheWineLife relating to TheWineLife’s goods and services and other information of related interest. TheWineLife will stop sending you such messages if TheWineLife receives such a request to stop from you.
CONSUMER GUARANTEES ACT
You acknowledge that where the Products are ordered for business purposes (as the term “business” is defined in the Consumer Guarantees Act 1993 (“CGA”)), the provisions of the CGA shall not apply to the sale of the Products by TheWineLife.
You agree that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
TheWineLife shall not incur liability in respect of anything which might otherwise constitute a breach of its obligations under these terms and conditions arising by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, 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 failure, or other causes whatsoever beyond the reasonable control of TheWineLife). TheWineLife shall be excused from such performance to the extent of such prevention.
TheWineLife reserves its rights to vary these terms and conditions at any time and without notice. TheWineLife wll provide notice to you of any amendments via its Website. Your continued use of the Website after such amendments are notified indicates your acceptance of those amendments.
If any of these conditions are deemed invalid, void, or for any other reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
All notices relating to your Subscription, this Website, our Products and services must be served via our Website. TheWineLife will provide notices to you via the Website, email and/or phone.
These terms and conditions will be construed in accordance with the laws of New Zealand. The courts of New Zealand shall have the non-exclusive jurisdiction to hear and determine any disputes arising out of these termnd conditions.
“Customer”, “you” and “your” means you and any other person who registers, and/or orders Products, under your Login.
“Delivery Timeframe” means, subject to these terms and conditions, 5 working days of you placing your order, or your monthly Subsction payment being processed.
“Delivery Point” means an outside area of the Premises, such as your front door, or any particular outside area specified by you in making an order via the Website. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of the building.
“GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
“Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) copyright in our wine selections.
“Login” means your personal email address and password used to access the Website under your registration.
“Premises” means the premises at the address specified by you on your registration application, as amended from time to time.
“Products” means the relevant wines as selected and provided from time to time, as well as gift vouchers, which are sold via the Website and relevant to your Subscription.
“Subscription” means your selected wine package as advertised on the Website.
“The Website” means this internet site owned by TheWineLife Limited, being the medium by which you subscribe to receive and purchase products.
“TheWineLife” “we” and “our” means TheWineLife Limited, which is the seller of the Products and the owner of the Intellectual Property and includes its related companies, directors, officers, employees or agents.
Weekend in Hawkes Bay 2017 Competition
- All subscribers who join between the 1st October and the 1st December will automatically be entered into the completion and only current valid subscribers will be eligible for entry into this competition.
- The winner will be drawn on the 2nd December and will be contacted via email.
- The winner will accept that their name will be published via our social media platforms and or any other Wine Life platforms.
- The Luxury package is subject to availability and full details of the package will be sent to the winner.>
- The Luxury package is valid for two guests. R18.
- The Luxury package is not transferable for cash.
- The $500 cash inclusion on arrival to The County Hotel.
- All prizes in the package must be utilised in one weekend.
- Some block out dates will apply.
- This package will not be available for Art Deco Weekend, Public Holiday weekends, Mission Concert Weekend, Christmas Day and Boxing Day, New Year’s Eve 31-12-2017 and New Year’s Day 01-01-2018 & 02-01-2018.