If you make a purchase through the Website, Sam Harrop Wine requests information from you on a Sam Harrop Wine order form, including contact information (such as name and shipping address) and financial information (credit card number, expiration date, billing address, and billing phone number). If Sam Harrop Wine has trouble processing your order, this contact information is used to get in touch with you. This information is taken in a secure area, is encrypted for Sam Harrop Wine customers’ protection, and is not sold or shared with anyone else under any circumstances.
The order total includes the price of the product(s) ordered, delivery costs (where applicable) and GST.
Acceptance of any order placed through this Website is conditional on validation of the credit card number you provide to us and approval of the purchase amount by the card issuer. All transactions are billed in New Zealand dollars.
AVAILABILITY OF PRODUCT
Our website will show the full range of Sam Harrop Wine products available. However the customer acknowledges that there may be limited availability and Sam Harrop Wine reserves the right to restrict the number of bottles of a particular wine to each individual customer when quantities are limited.
Sam Harrop Wine will advise the customer of its inability to fulfill any customer orders as soon as reasonably possible.
DELIVERY
Sam Harrop Wine delivers only within New Zealand. For overseas orders, please contact us for a list of distributors in your area.
We will endeavour to deliver all normal orders within a reasonable time. However, you accept that delays may arise in some circumstances, for instance where credit card details or delivery details are incomplete or incorrect, where credit card authorisation is refused, or where the order includes unusual requests.
You warrant and understand that it is your responsibility to show (or to procure the person or persons receiving the goods (the “Recipient”) to show) current identification to the person or persons delivering the goods. The identification must include you or the Recipient’s:
full name;
date of birth;
photo; and
signature
Alcohol purchases must be signed for by someone over the age of 18 on delivery. Sam Harrop Wine staff may insist on age verification.
In NZ it is against the law to leave restricted goods such as alcohol unattended at an address. Please make sure that someone will be available to take delivery at the requested time because Sam Harrop Wine will not leave it on the door step.
If you have any questions and queries, please call Sam Harrop Wine.
If the goods cannot be delivered for any reason, such as you or the Recipient failing or refusing to accept the goods, or you or the Recipient failing to produce adequate identification, the goods will be returned to Sam Harrop Wine and held for you to collect. You must, at your expense, collect the goods within one week of the attempted delivery.
Sam Harrop Wine is deemed to have fulfilled its obligations upon delivery of the goods.
RETURNS POLICY
If you are unhappy about any aspect of your delivery or would like to return any part of your order for a refund or replacement please contact Sam Harrop Wine with all details of your order and what is required. Return claims must be made within 7 days of receipt of goods.
Due to the nature of our products our refund policy applies to spoiled goods only. If you feel you have received product that is spoiled or not up to standard please retain it and contact us on info@samharropwine.com
CANCELLATION
An order may be cancelled as long as it has not been dispatched, for a full refund.
SALE OF LIQUOR ACT
Sam Harrop Wine is the holder of an ‘Off License’ (007/OFF/9059/2019) as defined in the Sale of Liquor Act and as such is legally authorised to promote and deliver wine for sale by mail order.
Please note that it is illegal to sell liquor to anyone under the age of 18. It is illegal to buy liquor under the age of 18 and it is also illegal to make a false declaration of age in order to purchase liquor. If you are under the age of 18 please do not attempt to use this site to purchase liquor. For any concerns or queries, please call the Alcohol Resource Helpline on 0800 787 797.
PAYMENT
Payments can be made by credit card as per the online directions. All payments go through our third-party payment processor Stripe. You will be charged in New Zealand dollars and the price includes Goods and Services Tax (GST). Every purchase is subject to the laws of New Zealand.
SECURITY
Sam Harrop Wine strives to protect the security of customer’s personal information including credit card information. All transactions are stored and processed in encrypted strings through the secure payment processing platform provided by Stripe.
WARRANTIES AND LIABILITY
Subject always to the Consumer Guarantees Act 1993 and otherwise to the maximum extent permitted by law, Sam Harrop Wine expressly excludes all express or implied warranties, descriptions, representations, statements and advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise. Subject always to the Consumer Guarantees Act 1993 and otherwise to the maximum extent permitted by law, Sam Harrop Wine shall not be bound or responsible for any such unauthorised: warranties; and/or descriptions; and/or representations; and/or statements; and/or advice, made by any of its employees, agents, suppliers or delivery people, whether made in good faith or otherwise.
If you are not a “Consumer” as defined in the Consumers Guarantees Act 1993, or where you hold yourself out as acquiring the goods for the purposes of business then the provisions of the Consumer Guarantees Act 1993 shall not apply.
You accept and acknowledge that regardless of any advice given by an employee, agent, supplier or delivery person, that upon acceptance of the goods by you or the Recipient, all risk in the goods passes to you. Title in the goods passes to you once you have paid for the goods in full.
Subject always to the Consumer Guarantees Act 1993 and otherwise to the maximum extent permitted by law, Sam Harrop Wine excludes all liability against any damage and/or injury and/or loss arising directly or indirectly from any defect in or non-compliance of the goods. You acknowledge and accept that any damages for any other breach of Sam Harrop Wine’s obligations shall not in any event exceed an amount equivalent to the price of the goods you have paid for.
You accept and acknowledge that Sam Harrop Wine is not liable or responsible for any damage and/or injury and/or loss arising from the servants, agents, buyers, Recipient or any other persons.
FORCE MAJEURE
Sam Harrop Wine shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of the Terms, where this arises out of circumstances beyond the control of Sam Harrop Wine, including but not limited to acts of God; natural disasters; sabotage; accident; riot; shortage of supplies, equipment, materials; strikes and lockouts; civil commotion; computer hacking; or malicious damage
Website Terms & Conditions
These terms and conditions govern your use of our website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
SITE ACCESS
You will be able to access the majority of this Website without having to register any details with us. [However, particular areas of this Website will only be accessible only if you have registered.
USE OF WEBSITE
You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
No part of this Website may be reproduced without our prior written permission.
SITE UPTIME
We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
LINKS TO AND FROM OTHER WEBSITES
Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
You do not misrepresent your relationship with us or present any false information about us;
You do not link from a website that is not owned by you; and
Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the New Zealand.
If you choose to link to our website you shall fully indemnify us for any loss or damage suffered as a result of your actions.
DISCLAIMER
We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
EXCLUSION OF LIABILITY
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the New Zealand.
GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with New Zealand law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of New Zealand.
