Terms and Conditions
Any person or entity who orders products whether online or offline.
"Mud House Wines"
The company Mud House Wines Ltd.
"Product" or "Products"
Products offered on the Mud House Wines website
Fire, unforeseeable accident, act of God, natural disaster, any law/order/proclamation/regulation/demand or requirement of any government or government agency (including local government), strikes, labour disputes, electricity or communication failures or any other cause that is beyond the reasonable control of Mud House Wines Ltd.
Mud House Wines website, whereby all online wine sales are currently for delivery within New Zealand only.
2. Application of Terms and Conditions
(a) These terms and conditions apply to any contract between Mud House Wines and the customer in which the customer purchases a Wine product online or offline.
(b) These terms and conditions prevail over any other purported contract between the parties (whether written or verbal) and (where permitted by such act or regulation) any act or regulation of Parliament.
(c) Mud House Wines may vary these terms and conditions at any time without notice.
3. Licensing/Sale of Liquor Act
(a) Mud House Wines warrants that it is the holder of an 'off' licence as defined in the Sale of Liquor Act, and as such is legally authorised to promote and deliver wine for sale by mail order.
(b) The customer warrants that they comply with all the conditions imposed in the Sale of Liquor Legislation as to fitness to purchase including that they, or the recipient of a gift sent through the Mud House Wines mail order, are aged 18 years or over. Proof of age may be required to be produced on delivery.
(a) Mud House Wines will take all reasonable steps to prevent any unauthorised entry into the Mud House Wines data-base. However, Mud House Wines will not be liable for any loss to a customer where a third party has gained unauthorised access to a customer's information held by Mud House Wines Ltd.
(b) The measures Mud House Wines uses to keep customers information secure are:
- The encryption transfer of personal data placed onto the website by the customer.
- Once the customer's personal data is received it will be stored on a secure server protected by firewalls to try and prevent unauthorised access from the internet.
(c) Mud House Wines will not be responsible for any loss, costs, or expenses either directly or indirectly incurred by a customer or as a result of the customer using the website. The customer uses this website and the on-line forms at the customer's risk.
(a) The customer authorises Mud House Wines to collect information about the customer from any relevant source (including the on-line forms).
(b) Mud House Wines agrees only to use personal information collected about a customer for the purposes of:
- completing transactions with the customer
- carrying out credit checks on the customer
- checking the online service effectiveness through demographic surveys
- enforcing Mud House Wines contractual rights against the customer for promoting Mud House Wines activities.
(c) The customer acknowledges that Mud House Wines will provide its employees and/or agents with the customer's personal information to enable Mud House Wines to deliver products to or on behalf of the customer.
(d) Mud House Wines will provide the customer with access to the information held by Mud House Wines in relation to that customer.
(e) Mud House Wines shall hold customer information in accordance with the Principles of the Privacy Act and no customer information shall be disclosed to any third party (other than in accordance with clause 5(c) above) to any third party without the permission of the customer.
6. Availability of Product
(a) The website will show the range of products available to the customer online. However, due to the seasonal nature of the products offered by Mud House Wines the customer acknowledges that there may be limited numbers of each type of product available.
(b) Mud House Wines reserves the right to restrict the numbers of products available to an individual customer when available quantities are limited. Mud House Wines will give preference to those customers with regular standing orders.
(c) Mud House Wines will advise the customer of its inability to fulfil the customer's order as soon as reasonably possible.
(d) Mud House Wines does not accept liability to the customer as a result of product unavailability.
(e) Customers who do not have access to the web-site will be advised of the range of products available and of the price either when ordering (if ordering by phone) or when the order is confirmed (if ordering by fax).
(a) The price of any product ordered by the customer shall be as per the price stated on the website at the time of the customer's order or the price advised to the customer as per clause 6(e) above.
(b) Mud House Wines Ltd. reserves the right to vary the price of each product from time to time. Any price variations will be shown on the website and on the online order form.
(c) All prices are in New Zealand currency and are inclusive of GST but are subject to variation insofar as Government charges and levies, such as excise and the ALAC levy, can be altered at the Government's discretion.
(a) Mud House Wines proposes that payment must be made by credit card.
(b) Mud House Wines reserves the right to require an alternative method of payment to the customer's preferred choice.
(c) Mud House Wines reserves the right to vary the method of payment by a customer for any reason.
9. Ordering Online
(a) Orders may be placed by using the online order form.
(b) The order form provides for a delivery address. Where a delivery address is not entered the product(s) shall be delivered to the default delivery address as indicated by the customer on its registration form (see delivery below).
(c) Mud House Wines may, in its absolute discretion, refuse to fulfil an order by a customer. Mud House Wines cannot be required to provide its reasons for doing so.
(d) Mud House Wines Ltd. will not supply in contravention of any distribution agreements in force.
10. Ordering Offline
(a) Orders may be placed offline by either facsimile or phone.
(b) Phone orders can be made by calling 03 314 6900 and pressing 1 for the Cellar door and Cafe
(c) Facsimile orders can be made by faxing the form that accompanies one of Mud House Wines regular newsletters, or forwarded by Mud House Wines at the customer's request.
(a) Mud House Wines will only deliver to addresses in New Zealand.
(b) Product(s) will be delivered by courier to the customer or the delivery address specified by the customer. Mud House Wines may, in its absolute discretion, refuse to deliver a product(s) to a customer's address or a delivery address specified by a customer.
(c) If Mud House Wines is unable to deliver a product(s) to the customer's address or the delivery address by courier the customer agrees that Mud House Wines may arrange for the product(s) to be delivered to a recognised freight collection or by an alternative agent such as rural post. In such a case the delivery may be delayed.
(d) Mud House Wines shall take all reasonable steps to make deliveries in the North Island within 3-4 working days. However the customer acknowledges that Mud House Wines ability to deliver is dependent upon the delivery address.
(e) Delivery is deemed to have taken place once the product has been left at the delivery address. Instructions to leave wine unattended at the point of delivery is done so at the customer's risk. Mud House Wines accepts no liability for the theft, spoiling or any other damage caused to the product when it is left at an unattended delivery address.
(f) Mud House Wines is not liable for failure to deliver within a reasonable time where that failure has been due to causes beyond the control of Mud House Wines.
Both title and risk in the product(s) shall pass to the customer once the product(s) is despatched from Mud House Wines.
13. Guarantee of Quality
(a) Mud House Wines guarantee the product(s) will be delivered in top quality condition. Where the customer is able to satisfy Mud House Wines that the delivered product(s) was not in top quality condition at the time of delivery Mud House Wines agrees to replace the product(s) and/or refund the purchase price (subject to 14.(b) below).
(b) Where the customer is unsatisfied with the quality of the product(s) and require a replacement or refund, the customer must notify Mud House Wines as promptly as is practicable.
(a) Except as provided in the Consumer Guarantees Act 1993 and in the guarantee with respect to quality in clause 13 of these terms and conditions, no warranty, description, representation or advice given to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise are made by Mud House Wines Ltd. in relation to product available for purchase on the website.
(b) The customer expressly acknowledges and agrees that Mud House Wines Ltd. has no obligation or liability for any advice given concerning the products and they are accepted by the customer at the customer's risk.
15. Intellectual Property
All right, title and interest in any intellectual property in relation to all aspects of the Mud House Wines website and its elements shall at all times remain the property of Mud House Wines Ltd.
16. Force Majeure
Mud House Wines will be excused from its obligation to a customer when Mud House Wines is prevented from performing its obligations by an occurrence of "force majeure".