Single And Co Limited – Terms of Trade
1. Acceptance and Application of Terms
1.1. The following terms and conditions (the “Terms”) apply to all contracts for the supply of Goods by Single And Co Limited (the “Seller”) to a purchaser of such Goods (the “Purchaser”).
1.2. If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
1.2. The Seller may vary or replace the Terms from time to time and will publish the revised terms on its website.
2.1. The Goods shall be as described on the relevant order form provided by the Seller to the Customer, including through the Website.
2.2. The Seller holds a current alcohol licence under the Sale and Supply of Alcohol Act 2012 (New Zealand) to sell the Goods.
2.3. The Goods are only available for purchase by Purchasers who are at least 18 years of age. By purchasing the Goods, the Purchaser confirms that he/she is at least 18 years of age.
2.4. The Seller shall not be liable to any Purchaser where that Purchaser falsely confirms to the Seller that he/she is at least 18 years of age.
3. Price and Payment
3.1. All Prices are in New Zealand dollars and are inclusive of GST unless otherwise stated.
3.2. The Price shall be the Seller’s current advertised price for the relevant Goods and as specified in the order form generated by the Seller in respect of the Goods purchased.
3.3. Payment for the Goods shall be made in full upon submitting an order form to the Seller, including through the Website.
4.1. The Seller will arrange for delivery through third party providers. Such providers may require identity verification and/or signature for delivery of the Goods. The Purchaser agrees to comply with any specific delivery requirements of the Seller’s provider.
4.2. Orders received by 5pm (New Zealand time) on a Business Day will be processed that day. Goods will be dispatched within 1-2 Business Days of the date the order is processed.
4.3. Delivery times will vary depending on the Purchaser’s delivery address and the third party provider’s delivery timeframes. The Seller will use its best endeavours to ensure the Goods are delivered within a reasonable timeframe.
4.4. Delivery of the Goods shall take place when the goods are delivered to the address nominated by the Purchaser.
4.5. All costs relating to delivery are in addition to the Price and are as specified in the relevant order form. All delivery costs shall be met by the Purchaser and will be payable at the time of payment for the Goods.
5. Risk and Title
5.1. Risk in the Goods passes to the Purchaser on delivery of the Goods.
5.2. Title in the Goods shall pass to the Purchaser upon payment in full for those Goods (including all applicable taxes and delivery costs).
6.1. If the Goods delivered are broken or damaged the Purchaser must advise the Seller within 5 Business Days of delivery and, unless such damage is due to the action or inaction of the Purchaser, the Seller will replace the Goods or refund the Price for those Goods..
7.1. The Purchaser authorises the Seller or the Seller’s agent to access, collect, retain and use any information about the Purchaser for the purpose of providing the Goods as agreed and for marketing by the Seller of other products and services to the Purchaser.
7.2. Where the Purchaser is an individual the authorities under clause 7.1 are authorities or consents for the purposes of the Privacy Act 1993 (New Zealand).
7.3. The Purchaser shall have the right to request the Seller for a copy of the information about the Purchaser retained by the Seller and the right to request the Seller to correct any incorrect information about the Purchaser held by the Seller.
7.4. The Purchaser consents to receiving emails from the Seller in relation to any goods being offered by the Seller.
8. Exclusions and Limits of Seller’s Liability
8.1. The Purchaser acknowledges that the Seller does not provide any express guarantees in relation to the Goods.
8.2. Where the Purchaser is a Consumer, he or she is entitled to the benefit of certain implied guarantees and protections under and in accordance with the Consumer Guarantees Act 1993 and these Terms are to be read subject to that Act in respect of such Consumers.
8.3. If the Purchaser is acquiring, or holds itself out as acquiring, the Goods for the purposes of a trade or business, the Purchaser acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Seller to the Purchaser.
8.4. The Purchaser shall keep from harm and indemnify the Seller against all claims made by third parties against the Seller in connection with the on-sale of the Goods by the Purchaser where such claims arise from any action, inaction or negligence of the Purchaser.
8.5. The Purchaser must use the Goods for their intended purpose and in accordance with any product description or instructions. The Seller will not be responsible for any damages resulting from the Goods where the Purchaser does not use the Goods in accordance with this clause 8.5.
8.6. In the event that the Seller is found to be liable to the Purchaser in connection with the supply of the Goods, then, subject to clauses 6.1 and 8.2, the remedy of the Purchaser shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
8.7. To the extent permitted by law, the Seller shall be under no liability whatever to the Purchaser for any indirect loss or expense (including loss of profit) suffered by the Purchaser arising out of a breach by the Seller of these Terms.
9.1. If any provision of these Terms shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
9.2. The Terms shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
9.3. The Seller shall not be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of the Seller.
10. Definitions and Interpretation
10.1. “Business Day” means a day, other than a Saturday or Sunday on which registered banks are open for business in Hawke’s Bay, New Zealand.
10.2. “Consumer” has the meaning ascribed to that term in the Consumer Guarantees Act 1993 but for the avoidance of doubt does not include a person who has provided the acknowledgement in clause 8.3 above.
10.3. “Goods” means products being purchased by the Purchaser from the Seller.
10.4. “Price” means the price payable for the Goods.
10.5. “Website” means the website www.doublebysinglewine.nz maintained by or on behalf of the Seller.