Terms of trade

SACRED HILL VINEYARDS LIMITED – TERMS OF TRADE

In these Terms of Trade we have used “we”, “us”, and “our” to refer to SACRED HILL VINEYARDS LIMITED and “you” to refer to our Customer. By ordering from us, you agree to these Terms of Trade.  Our Privacy Policy located at https://sacredhill.com/privacy-policy/ form part of our Terms of Trade.

Our off-licence holder name is:             Sacred Hill Vineyards Limited

Our off-licence number is:                      29/OFF/043/18

Our off-licence expires on:                      26/07/2021

An image of our off-licence may be viewed here.

1.  NEW ZEALAND SALES ONLY

1.1         At present, we are only able to accept orders for shipping within New Zealand.  For international enquiries, please visit the distributor section of our website to find your nearest distributor.


2.  SALE AND SUPPLY OF ALCOHOL ACT 2012

2.1         In placing an Order with us, you have confirmed that you (and the person to whom the goods are to be delivered) are of purchase age under the Sale and Supply of Alcohol Act 2012.
2.2         You hereby indemnify us against all loss, damages and/or costs incurred by us as a result of you:
(a)          misleading us, and/or
(b)          falsely confirming that you (and/or the person to whom the goods are to be delivered) are of purchase age under the Sale and Supply of Alcohol Act 2012, and/or
(c)          providing us with false information.


3.  DELIVERY

3.1          Delivery occurs at the time possession of the Goods passes to you (or a person nominated by you) from us.
3.2          Any offer by us for free delivery is subject to the delivery being within the standard courier services regions of New Zealand and not requiring extraordinary delivery costs.
3.3          You undertake to provide us with a correct delivery address and acknowledge that we do not delivery to P O Box addresses.
3.4          You acknowledge that you are responsible for any damage that occurs after delivery to the address you provide to us.
3.5          Where we provide you an indication of delivery times, we will attempt to meet those, however you acknowledge that we are not obliged to meet any indication of delivery time given to you.
3.6          You acknowledge that we are unable to provide you with the exact date and time of delivery and nothing herein or any statement made by us, shall be deemed to be a guarantee as to the timing of delivery.


4.  TITLE AND RISK

4.1          We shall retain title to Goods we supply until they have been paid for in full and you have performed all your other obligations under these Terms.
4.2          Risk in all Goods passes to you when the Goods are delivered to you (or a person nominated by you). You shall insure Goods for their full price, and shall not sell, dispose or part with possession of them or do anything else inconsistent with our ownership of the Goods, from collection until title in them passes to you.


5.  AVAILABILITY & MINIMUM ORDER

5.1         Our stock is subject to availability and you acknowledge that should a lack of our stock result in our inability to complete your Order, we shall be entitled to cancel the Order and return to you any monies you have paid in respect of the Order.
5.2         In so far as permitted by law, you acknowledge that should we be unable to supply you with your Order, you shall only be entitled to a refund of the purchase price you have paid and you shall not be entitled to claim against us for any exemplary damages as a result of the cancellation of the Order.
5.3         You acknowledge and agree that unless we expressly agree otherwise, and
(a)          the Order may be of mixed varieties.


6.  PRICE

6.1          All prices are inclusive of GST and other taxes and duties.
6.2          Our prices are subject to change without notice.
6.3          Unless we agree otherwise in writing, the amount you will be charged will be the price as at the date of the purchase.
6.4          You acknowledge that we are entitled to:
(a)          correct any incorrectly displayed price on our website, and
(b)          to not proceed with any order placed based upon an incorrect price on our website.


7.  PAYMENT

7.1          We operate a credit card payment process to enable you to make payment from our website and refer you to our Privacy Policy at https://sacredhill.com/privacy-policy/ which details the collection of information for the processing of your payment.


8.  DEFAULT

8.1        You will be in Default if:
(a)        you fail to pay an amount due to us, or
(b)        Goods that we have retained title to are at risk, or
(c)         you have mislead us, or provided false information to us.
8.2        If you are in Default then we may, at our option, do any one or more of the following:
(a)        charge you default interest at 14% per annum on any late payments calculated on a daily basis from the due date until the date payment is received;
(b)        require you to remedy the default in the manner and within a period that we tell you;
(c)         require you to pay to us all amounts you owe us immediately;
(d)        enforce security interests created by these Terms;
(e)        exercise any rights that we have under these Terms or that are available to us at law.


9.  PERSONAL PROPERTY SECURITIES ACT 1999 (“PPSA”)

9.1         Clause 4.1 creates a security interest in Goods we supply to you.
9.2         You shall not grant any other security interest or any lien over Goods that we have a security interest in.
9.3         At our request you shall promptly sign any documents and do anything else required by us to ensure our security interest constitutes a first ranking perfected security interest in the Goods.
9.4         We may at any time enter your premises and properties to uplift Goods that we have a security interest in.
9.5         If Goods that we have a security interest in are processed, included or dealt with in any way causing them to become accessions, processed or commingled Goods, our security interest will continue in the whole in which they are included. You shall not grant any other security interest or any lien in either the Goods or in the whole.
9.6         You waive any rights you may have under sections 114(1)(a), 116, 120(2), 121, 125, 126, 127, 129, 131, 133, and 134 of the PPSA.
9.7         You waive your right to receive a copy of any verification statement (as that term is defined in the PPSA).
9.8         You shall give us prior written notice of any proposed change of your name or address.


10.  WARRANTIES

10.1          The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded. Other than as expressly provided for in these Terms, we exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
10.2          The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire goods and services from us for the purposes of a business in terms of sections 2 and 43 of that Act.


11.  LIMITATION OF LIABILITY

11.1         Except as expressly otherwise provided by clauses 10.1 or 10.2, we shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from Goods provided by us to you.
11.2         To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms or for any other reason, such liability is limited to the amount of the price of the Goods concerned. If Goods are returned by you, or if you make a claim in writing to us in relation to Goods provided, we may, in our discretion, repair or replace the Goods, or refund the price of those Goods to you, provided that:
(a)          the Goods must be returned or the claim must be made in writing to us within One (1) week of delivery to you and you acknowledge that this is a reasonable time within which to notify us; and
(b)          you must supply the date and number of any invoice relating to the Goods; and
(c)          we must be given a reasonable opportunity to inspect the Goods.

 


12.   PRIVACY OF INFORMATION

12.1          You acknowledge that our Privacy Policy on our website https://sacredhill.com/privacy-policy/ form part of the contract between us.

 


13.   NOTICES

13.1          Any notice may be given by phone, in person, posted, or sent by facsimile or email to you or where you are a company, to any of your directors.


14.   CONFIDENTIALITY, SITE CONTENT/ACCESS & INTELLECTUAL PROPERTY

14.1          You shall at all times treat as confidential all non-public information and material received from us and shall not publish, release, or disclose the same without our prior written consent. For clarity, confidential information includes any new Intellectual Property and prices.
14.2          All intellectual property rights in this website are owned by Sacred Hill Vineyards Limited.
14.3          Copying or reproduction of any of the website content is only permitted with the prior written approval from Sacred Hill Vineyards Limited.  Contact us here https://sacredhill.com/contact/ to request permission.
14.4          All information provided on our website is presented in good faith.  Where we have included links to other websites, it is for your convenience and interest.  We cannot guarantee the completeness or accuracy or security of websites linked to or from this site.
14.5          This website is controlled and operated from New Zealand and is subject to the laws of New Zealand.  You are responsible for ensuring that your access to this site is not illegal or prohibited and for compliance with the laws of the land where you are.  You may not use or export the materials in this website in violation of New Zealand laws and regulations.


15.   COSTS

15.1          You must pay our costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms.


16.   JURISDICTION

16.1          These terms are governed by the laws of New Zealand. You may take legal action against us only in a New Zealand court.  You hereby acknowledge that any cause of action arising from the contract between us arose in Napier, New Zealand.


17.   DISPUTES

17.1          Any claim or dispute arising under these Terms shall be determined by arbitration under the Arbitration Act 1996 if the parties are unable to resolve such dispute themselves within one (1) month of the dispute arising. However, nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand courts.


18.   FORCE MAJEURE

18.1          We shall not be liable for delay or failure to perform our obligations under these Terms if the cause of delay or failure is beyond our reasonable control.


19.   GENERAL

19.1          These Terms replace any earlier representations, warranties, understandings and agreements (whether oral or written), and constitute the entire agreement between us and you relating to their subject matter.
19.2          You shall not transfer or assign your rights, powers or obligations under these Terms without our prior written consent.
19.3          No failure or delay by us in insisting upon the strict performance of these Terms or exercising any right under these Terms will operate as a waiver of those matters.
19.4          We may change these Terms at any time. Any change applies from when it is published on our website at https://sacredhill.com/terms-and-conditions/.
19.5          If any provision of these Terms become unenforceable, illegal or invalid for any reason it will be deemed to be severed from these Terms and will not affect the enforceability, legality, validity or application of any other provision of these Terms.


20.   DEFINITIONS

20.1         In these Terms unless the context otherwise requires:
(a)          “Default” has the meaning set out in clause 8.1.
(b)          “Goods” shall include any associated services that we supply.
(c)          “Intellectual Property” means all intellectual property rights including, without limitation, copyright, patent and design rights, drawings, documents, data, ideas, procedures, calculations and all other statutory and common law rights and interests.
(d)         “Security” means all existing and future security held by us that secures your obligations under these Terms.
(e)         The rule of construction known as the contra proferentem rule does not apply to these Terms.
(f)          Words importing the singular include the plural and vice versa.
(g)         Headings are for convenience only and do not form part of, or affect the interpretation of, these Terms.
(h)         References to a party include that party’s successors, personal representatives, executors, administrators and permitted assigns.
(i)          References to a statute include references to:
(j)          regulations, orders, rules or notices made pursuant to that statute;
(k)         all amendments to that statute and those regulations, orders, rules or notices, whether by subsequent statute or otherwise; and
(l)          any statute passed in substitution of that statute.