Mahana Estates Online Shop Terms & Conditions

1. GENERAL

1.1 This agreement applies to all purchases of Mahana Estates products and services by you from the Mahana Estates website and replaces all previous agreements between you and us.

1.2 Mahana Estates Ltd may change the terms of this agreement from time to time using the process set out in clause 19.

1.3 This is an important agreement, which you must read through before purchasing products from our websites. Purchasing from our website specifies you have agreed to these terms and conditions.

2. DEFINITIONS

2.1 In this agreement unless the context otherwise requires:

“You” or “your” means the purchaser.

“Us,” “we” or “our” means Mahana Estates Ltd.

“Agreement” means this agreement and includes any other terms incorporated into it by reference.

“Information” means all the information supplied by you to us via the website or otherwise and includes, for example, your name, contact details, credit card details and your payment and transactions history.

“GST” means goods and services tax.

“Products” means all products available for purchase on our website.

“Services” means all services available for purchase on our website.

“Website” means our website, accessible via the mahana.nz, www.mahanavilla.com, www.mahanaweddings.nz and mahanaart.nz domain name.

3. PURCHASE TERMS

3.1 When purchasing products on the website you confirm and acknowledge that:

(a) You are legally entitled to purchase alcohol (if the products you purchase include alcohol) and that you can provide sufficient evidence of that entitlement on request (e.g., NZ Driver’s Licence or Passport) prior to or upon delivery of the products.

(b) All information supplied by you to us is true and correct at the time you make any purchase on the website.

(c) Notwithstanding the above, we may refuse to accept your order at our sole discretion.

(d) We may disclose your information to your bank and Credit Card Company and any Debt Collection Agency for the purposes of any debt recovery proceedings we may issue against you.

(e) We may restrict your ability to purchase products via the website by imposing a credit limit on your account.

4. PRICE

4.1 Bottle prices quoted on our website are inclusive of GST. You must pay us the full price quoted on the website at the time the order is submitted, which will be calculated with GST. Prices are given in New Zealand dollars.

4.2. We reserve the right to vary our prices without notice. No adjustments are made if the price of a product increases or decreases between the time the order is submitted and the time the product is delivered.

4.3 Prices and specials in our Cellar Door and Kitchen and those available online may not necessarily be the same.

5. TRANSIT COST

5.1 Product prices quoted do not include transit costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price. Purchases made on our website will be delivered only within New Zealand.

6. MISTAKES IN PRICE ARISING FROM COMPUTER ERROR

6.1 In the event that computer error results in a material misstatement of the price of your order we may, prior to your receipt of the order or at any time thereafter, require that you pay us the difference between the amount actually paid by you in respect of your order and the correct amount payable.

7. PRODUCT AVAILABILITY

7.1 All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply products to you where they are not presently available or where our stock of the relevant product(s) has been exhausted.

7.2 Mahana Estates reserves the right to substitute an alternate product of similar quality in the event of a product no longer being available at our discretion.

8. DELIVERY & TRANSIT

8.1 We will use our best endeavours to dispatch orders no later than four business days after the day your order is received by us and you have received confirmation of your order from us via email or equivalent. We are not responsible for any failure to deliver or delay in delivery caused by any event outside of our reasonable control.

8.2 In the event that we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered, unless we have contacted you, and you have agreed to delivery at a later date.

8.3 Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).

8.4 Advice regarding order shortages or damage in transit must be given to our Customer Services team no later than three days after receipt of products. The Customer Services team can be phoned on ext.3.

8.5 Delivery is complete when the products reach the address you have specified for delivery. We will be responsible for arranging the delivery of products unless you arrange otherwise with us.

8.6 Nothing in these terms entitles you to return the products as being surplus to your needs, or for any other reason other than set out herein.

9. PAYMENT TERMS

CHARGES & INVOICING

9.1 You must pay us in full by credit card at the time that you submit your order.

9.2 If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.

9.3 We use “eWay” to securely authorise credit card payments before any charges are made. For further information regarding “Paystation Payment Gateway” and how it encrypts and processes transactions, please visit www.eway.io. Alternate payment options are unavailable online, please visit our Cellar Door in person if you wish to pay via a different method.

10. WARRANTIES

10.1 We represent and warrant to you that:

(a) We have the right to sell the products to you.

(b) The products are not subject to any undisclosed security or charge.

(c) You have the right to undisturbed possession of the products.

10.2 We represent and warrant to you that the products:

(a) Are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels.

(b) Are reasonably fit for the purpose that we represent.

(c) Supplied by description correspond with their description.

11. CANCELLATION, RETURN AND REPLACEMENT

11.1 Subject to clause 8 of this agreement.

(a) After we have accepted your order for the products, you may not cancel the order without our consent.

(b) We will not consent to cancellation if we have processed documentation in fulfillment of your order.

(c) Returns for credit will be given at our discretion. The cost of return is your responsibility.

(d) In the event that we consent to cancellation, we may require you to pay a minimum handling charge of $4.00 exclusive of GST per case or part thereof or a maximum of 15% of the total value of your order.

12. USE OF YOUR INFORMATION

12.1 During the term of this agreement your use of the website will generate certain information that will be recorded electronically by us. Information of this type may include, for example, your IP address, your usage statistics, etc. We will also record your contact details, credit information and any related personal details that you supply or that we obtain independently.

12.2 You acknowledge that we, our employees, carriers, contractors and agents may use or disclose any of the information identified in the previous paragraph for purposes connected with the supply of the services to you. Examples of purposes connected with supply include, for example:

(a) administration of your account with Mahana Estates or on the website.

(b) carrying out credit checks.

(c) keeping you up to date with new offers/changes at Mahana Estates.

(d) sharing with contractors to enable you to use or facilitate your use of the website.

12.3 You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.

13. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES

13.1 You agree by registering on this website that you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive regular electronic communications and promotional communications from us. You have the right to ask us at any time to stop sending online communications and promotional offers to you.

14. INTELLECTUAL PROPERTY RIGHTS

14.1 All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Mahana Estates’ online shop and its contents owned by, and shall at all times remain the exclusive property of Mahana Estates, its licensors and the providers of products accessible through Mahana Estates’ online shop, and is protected by New Zealand law and international shop. Nothing in these terms and conditions shall constitute any license of intellectual property rights to the Customer.

14.2 Any infringement of our intellectual property rights will be fully enforced under New Zealand law.

15. NAVIGATION ON THE SITE
    

15.1 Access to the Site

Necessary hardware and software to access the Internet and this Site are the sole responsibility of the user.

The Company reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Site and/or its content and/or the available services without prior notice and without entitling any user to claim any indemnity or compensation.

You must not attempt to modify the Site (or any associated content, software or any element of it) or to obtain unauthorised access to the Site.

Information submitted to or accessed via this Site may not be secure and you should use discretion in deciding what information you send to us via the Site.  Information and emails sent to/from the Site may undergo email filtering and virus scanning, including by third-party contractors.  The Company does not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

15.2 Links

The Site may include links to other websites or other internet sources. As the Company cannot control these websites and external sources, the Company cannot be held responsible for the provision or display of these websites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these websites or external sources. Furthermore, the Company is not liable to the user or any other person for any demonstrated or alleged damage, harm or loss resulting from (directly or indirectly) or in relation to the use of, or the fact of having had confidence in, the content, goods or services available on these third party websites or external sources.

15.3 User responsible behaviour

Each user warrants:

• to be of minimum age legally required to consume and/or purchase alcohol in accordance with the laws and regulations of user’s country of residence,
• to use the Site for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of the Company,
• that any information it provides to the Company via the Site will be  true, up-to-date and accurate.

When using the Site, users must behave responsibly, lawfully, with courtesy and respect towards other users, the Company, its subsidiaries, affiliates and third parties.

A user must not under any circumstances:

• upload, display, send by e-mail or by any other means any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit any functionality of the Site or any software, hardware or telecommunications services,
• disrupt or interrupt the Site, its servers or networks connected to the Site,
• prevent (or attempt to prevent) the Site from functioning, including by exposing the Site to viruses, creating an overload of communication to the Site or its servers, sending “spam” or overloading the Site messaging system,
• download or access privileged or confidential information or access a server or account to which the user is not expressly granted access,
• try to assess or test the vulnerability of the Site, or attempt to breach the Site security or authentication measures of the Site, without the prior written consent of the Company,
• conduct any illegal activity in connection with or via the Site or engage in any other activity likely to adversely affect the Company, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, and must not encourage, facilitate or permit any third parties to do any of those things,
• upload, display, post, send by e-mail or by any other means any unsolicited or unauthorised commercial electronic messages or promotional content, junk mail or spam on or via the Site or to any other user, the Company, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties,
• upload, display, send by e-mail or by any other means any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, or indecent materials, or materials which infringe the rights (including intellectual property rights) of any person, on or via the Site or to any other user, the Company, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties,
• send or forward by e-mail or by any other means any content of the Site to people under the legal alcohol drinking and/or purchasing age in their country of residence.

Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet and transmission of technical data.

The Company reserves the right in its absolute discretion for any reason to terminate or withdraw any user’s access to the Site without notice, including if the user is in breach of the user’s obligations under these Terms & Conditions, and any such termination of the user’s access is without prejudice to any claim the Company may have against the user for damages or other relief for any breach of these Terms and Conditions.

15.4 User-generated content (when applicable)

Users are solely liable for any content they may post or upload onto the Site and the consequences of disclosing or broadcasting such content. The Company does not approve any content, opinion, suggestion or notice generated by users and the Company declines any and all responsibility and liability in respect of any such content.

However, the Company reserves the right, but not the obligation, to monitor use of the Site and to remove any content which, in its sole discretion, would breach these Terms & Conditions, may be offensive, illegal or otherwise objectionable in any way.

The user warrants that any content they upload or otherwise make available on the Site (“user content”) is either their own original work or they have all necessary rights and consents from the owners of the user content to post, upload and make available that user content to the Site.

The user permits the Company to use, copy, modify, reproduce, communicate, adapt, publish and perform in public the user content (and may licence third parties to do any of those things) in any manner (including in part) for any purpose anywhere in the world, without cost and without further reference to the user (and the user consents to any use or act done by the Company and its licensees which would but for this clause infringe the user’s moral rights in the user content).

16. PROTECTION OF THE SITE CONTENT
    

The Site and each of its elements (including all text, images, web pages, sounds, videos, designs, trademarks, logos and other material on or accessible via the Site) as well as any software required to be used in relation to the former, databases and newsletters (the “Content”), may contain confidential information and information that is protected by intellectual property rights. Unless otherwise expressly stated on the Site, the Company exclusively owns all intellectual property rights related to the Content and the Company does not grant any user any license or other right other than a right to view the Content via the Site.

The user may access and view the Content (in whole or in part) of the Site for personal and private use only. Any reproduction or use or other exploitation of Content for any other purposes (whatever the manner or the kind) is expressly prohibited.

Users must not copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-licence or transfer in any way any Content or other elements of the Site or any material (including software) related to the Site without the Company’s prior written consent.

17. PERSONAL INFORMATION
    

The collection, use and disclosure of any personal information disclosed by users via the Site is governed by the Company’s Privacy Policy.

18 RESPONSIBILITY AND LIABILITY

While the Company uses reasonable commercial efforts to ensure that the information provided on this Site is correct and up-to-date, inaccuracies may occur.

Information on this Site is generic and is not designed to take into account the specific objectives, needs and circumstances of any particular user.

The Company provides no guarantee, representation or warranty as to the correctness, fitness for purpose, accuracy, currency or exhaustiveness of the information provided on the Site. Your use of the Site is at your own risk and the Content is provided to you “as is”.

The Company allows free access to the Site and declines all responsibility and may not be held liable in any case:

• for any interruption in provision of the Site or services accessible via the Site,
• for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Site,
• for any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Site, and
• for any damage resulting from any unauthorised use or fraudulent intrusion by a third party.

The Company will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with the use of the Site, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).  Nothing in these Terms & Conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights available to you under any applicable law.

This website (mahana.nz) (the “Site”) is operated by Mahana Estates Limited, a New Zealander company, having its Registered Office at , Nelson, 7173 New Zealand, registered under N° (the “Company”).

Any use of this Site by any person (“you” or the “user”) is governed by these terms & conditions of use (“Terms & Conditions”). The purpose of these Terms & Conditions is to define the conditions of access, navigation and use of the Site.

By accessing and using this Site, you accept these Terms and Conditions as well as our Privacy Policy (click here to review the Privacy Policy).   If you do not agree to be bound by the Terms and Conditions and Privacy Policy you must immediately stop using the Site.

The Company may revise or update these Terms and Conditions and the Privacy Policy at any time, without notice and the updated Terms and Conditions and the Privacy Policy will be published on the Site. It is your responsibility to check for updates to these Terms and Conditions and the Privacy Policy on a regular basis. Continued use of the Site after publication of any amendments indicates your agreement to the new Terms and Conditions and Privacy Policy (and any of the amendments). If you do not agree to any amendments, you must immediately stop using the Site.

The Company provides this Site only for people who have reached the legal age to consume and/or purchase alcoholic beverages (whichever is the higher) in their country of residence and provided that the consumption and/or purchase of alcoholic beverages is legal. For New Zealand residents, only those aged 18 years and over may access and use the Site. You must not fraudulently misstate your age to obtain access to the Site or in providing us with any personal information.

18.2 Any infringement of our intellectual property rights will be fully enforced under New Zealand law.

19. GENERAL TERMS

NO WAIVER

19.1 No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice any right, of that party.

SEVERABILITY

19.2 If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the terms will remain in full force and have full effect.

PRIVITY

19.3 Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.

20. JURISDICTION

20.1 The website is provided for use by New Zealand residents. We make no representations that the website complies with the laws of any country outside of New Zealand. If you access the website from outside New Zealand, you do so at your own risk, and you are responsible for complying with the laws in the place where you use the website when purchasing products online.

20.2 This agreement is governed by New Zealand law and any legal action against us must be taken in a Court in New Zealand.

21. ASSIGNMENT

21.1 You may not assign any rights under this agreement except with our prior written consent.

21.2 We may assign our rights under this agreement without seeking your prior consent.

22. NOTICES

18.1 We will send all invoices and notices required under this agreement to the address (postal, fax or email) that you have nominated as your preferred method of contact. It is your responsibility to ensure that you keep up us informed of any changes to your contact details.

22.2 You will be deemed to have received a notice:

(a) Sent by email or fax, at the time that we send it;

(b) Sent by post, four days after we send it.

23. AMENDMENTS

23.1 We may change the terms of this agreement by sending you notice (“amendment notice”) to that effect by your preferred contact method and supplying you with the amended agreement.

23.2 The agreement, as modified, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice.

24. GENERAL TERMS
    

These Terms & Conditions (and the Privacy Policy) are governed by and are to be construed in accordance with the laws applicable in New Zealand.

The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand and any courts, which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

Any failure by the Company to enforce strict performance of any of the Terms and Conditions will not be construed as a waiver of any right or remedy of the Company in respect of any existing or subsequent breach of the Terms and Conditions.

If any provision of the Terms and Conditions is found to be invalid or unenforceable, the provision will be deemed severed from the Terms and Conditions and the remainder of the terms will continue in full force and effect.