Terms & Conditions

Terms & Conditions

Please read our Terms & Conditions carefully prior to your order. If you have any questions or special order requests including mixed cases, please do not hesitate to phone our team on 03 669 0071.

1. Definitions
“Customer” 
Any person or entity who orders products whether online or offline.
“Misty Cove Wines” 
The company WB Wine Consulting Ltd trading as Misty Cove Wines.
“Product” or “Products” 
Products offered on the Misty Cove Wines website
“Force majeure”
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 Misty Cove Wines.
“The website”
Misty Cove 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 Misty Cove 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.

© Misty Cove Wines may vary these terms and conditions at any time without notice.
3. Licensing/Sale of Liquor Act
(a) 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 Misty Cove Wines website are aged 18 years or over. Proof of age may be required to be produced on delivery. 
(b)By submitting an order with us and agreeing to the Terms & Conditions you’re confirming that you’re over the age of 18 and legally allowed to buy liquor in New Zealand.
4. Security

(a) Misty Cove Wines will take all reasonable steps to prevent any unauthorised entry into the Misty Cove Wines data-base. However, Misty Cove 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 Misty Cove Wines.

(b) The measures Misty Cove 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.
© Misty Cove 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.
5. Privacy

(a) The customer authorises Misty Cove Wines to collect information about the customer from any relevant source (including the on-line forms).

(b) Misty Cove 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 Misty Cove Wines contractual rights against the customer for promoting Misty Cove Wines activities.
© The customer acknowledges that Misty Cove Wines will provide its employees and/or agents with the customer’s personal information to enable Misty Cove Wines to deliver products to or on behalf of the customer.

(d) Misty Cove Wines will provide the customer with access to the information held by Misty Cove Wines in relation to that customer.

(e) Misty Cove 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© 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 Misty Cove Wines the customer acknowledges that there may be limited numbers of each type of product available.

(b) Misty Cove Wines reserves the right to restrict the numbers of products available to an individual customer when available quantities are limited. Misty Cove Wines will give preference to those customers with regular standing orders.

© Misty Cove Wines will advise the customer of its inability to fulfil the customer’s order as soon as reasonably possible.

(d) Misty Cove 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).
7. Price

(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) Misty Cove Wines 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.
8. Payment

(a) Misty Cove Wines proposes that payment must be made by credit card.
(b) Misty Cove Wines reserves the right to require an alternative method of payment to the customer’s preferred choice.

© Misty Cove 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) Misty Cove Wines may, in its absolute discretion, refuse to fulfil an order by a customer. Misty Cove Wines cannot be required to provide its reasons for doing so.

(d) Misty Cove Wines will not supply in contravention of any distribution agreements in force.
10. Ordering Offline

(a) Orders may be placed offline by phone.

(b) Phone orders can be made by calling 03 669 0071
11. Delivery

(a) Misty Cove 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. Misty Cove 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.

© If Misty Cove Wines is unable to deliver a product(s) to the customer’s address or the delivery address by courier the customer agrees that Misty Cove 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) Misty Cove Wines shall take all reasonable steps to make deliveries in the North Island within 3-4 working days. However the customer acknowledges that Misty Cove 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. Misty Cove 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) Misty Cove Wines is not liable for failure to deliver within a reasonable time where that failure has been due to causes beyond the control of Misty Cove Wines.
12. Title/Risk

Both title and risk in the product(s) shall pass to the customer once the product(s) is despatched from Misty Cove Wines.
13. Guarantee of Quality

(a) Misty Cove Wines guarantee the product(s) will be delivered in top quality condition. Where the customer is able to satisfy Misty Cove Wines that the delivered product(s) was not in top quality condition at the time of delivery Misty Cove 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 Misty Cove Wines as promptly as is practicable.
14. Warranties

(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 Misty Cove Wines in relation to product available for purchase on the website.

(b) The customer expressly acknowledges and agrees that Misty Cove Wines 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 Misty Cove Wines website and its elements shall at all times remain the property of Misty Cove Wines.
16. Force Majeure

Misty Cove Wines will be excused from its obligation to a customer when Misty Cove Wines is prevented from performing its obligations by an occurrence of “force majeure”