TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the use of www.oakestatewines.co.nz (the “Site”). This Site is owned and operated by Pure Restaurant Ltd trading as Oak Estate Wines (the latter name being used in this document). This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Oak Estate Wines and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our site is 18 years old. By using this site, users agree that they are over 18 years old and they are declaring that they are the legal age for alcohol consumption. We do not assume any legal responsibility for false statements about age.
Accounts
When you purchase a product from our website you will be asked to create an account on our Site. When you do so, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods and subscriptions available on our Site.
The following goods are available on our Site:
- Wine
- Subscription to a six monthly wine delivery
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Subscriptions
By signing up to the Oak Estate Wine Club you agree that this is a yearly subscription, which constitutes an order for recurring purchase and delivery of products that continues indefinitely. You authorise Pure Restaurant Ltd t/a Oak Estate Wines to charge your credit card in the amounts appropriate for your Wine Club Membership.
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
You can cancel after 12 months by email to info@oakestatewines.co.nz. We require at least 1 weeks’ notice prior to a shipment, and if less notice than this is received, you will still be charged for and sent that shipment. The cancellation will take effect 1 week after receiving it.
Cancelling your membership before receiving both shipments constitutes an early cancellation and is subject to no refund.
Members will be charged approximately 7 days before shipment of your wine. Twice a year – on the first month you sign up and at six montly intervals thereafter.
Shipping and subscription are subject to annual review in April and October.
If a payment is declined, we will be unable to dispatch your wine order. However, we will contact you if this is the case.
Additional orders
Additional Orders are not counted towards your two shipments per year.
Payments
All prices for subscriptions and goods are as displayed on the eebsite. All prices are quoted in New Zealand Dollars.
All orders include 15% GST, which is applied as NZ GST for domestic orders.
We accept the following payment methods on our Site: Credit Card through the STRIPE® Payment Gateway.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
Please let us know any special or helpful instructions for delivery. Please ensure that your chosen delivery address is safe for and easily accessible by couriers. Inaccessible, incorrect or unsafe delivery addresses may result in us passing along any extra delivery fees incurred. If the failure to notify results in the wine being lost in transit, we will need to recharge you to send the despatch again.
Purchasers and Wine Club members are responsible for notifying Oak Estate Wines of any delivery address changes, at least 2 weeks prior to shipment.
Once a purchase is made, your wine will be dispatched within 7 days of your credit card being processed. Wine Club members will receive a tracking email from Oak Estate Wines with a tracking number.
Oak Estate will make every effort to ensure that your wine is shipped to your door quickly and efficiently. However, we rely on third parties to undertake delivery, and as such delivery dates cannot be guaranteed.
Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
You will be required to sign for the goods received and furnish proof of age identification to the courier driver upon reciept of your wine box. Due to the restricted nature of the goods, acceptance of delivery by persons under the age of 18 is not acceptable. If delivery is refused, you will have to arrange to go to the courier depot to collect your package.
If you accept an “Authority to Leave” from the courier company, you do so at your own risk. Oak Estate Wines cannot be held responsible for any loss or theft of deliveries left on your instriction. Oak Estate Wines does not instruct couriers to leave unattended packages.
Refunds
No refund will be made once we have dispatched the wine to you. We ensure that all goods leaving our depot are fit for purpose. We do not refund if you consider the wine is faulty after opening.
If your order has been packed incorrectly or is not what you ordered, please let us know within 7 days of delivery so we can repack and send you the correct wine.
If your order has been damaged in transit. Please send us photos of the damage. Please let us know within 7 days of delivery so we can repack and send you the replacement wine.
Consumer Protection Law
Where the Consumer Gurantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Privacy and use of data
Oak Estate Wines takes privacy seriously and complies with The Privacy Act 2020 in relation to your data. We will only use your data for our own marketing and business use. Please see our Privacy Policy for more details
Limitation of Liability.
Pure Restaurant Ltd trading as Oak Estate Wines and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity.
Except where prohibited by law, by using this Site you indemnify and hold harmless Pure Restaurant Ltd t/a Oak Estate Wines and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of New Zealand.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Oak Estate Wines are unable to resolve any dispute through informal discussion, then you and Oak Estate Wines agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Oak Estate Wines . The costs of any mediation will be shared equally between you and Oak Estate Wines .
Notwithstanding any other provision in these Terms and Conditions, you and Oak Estate Wines agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify wine club members by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
Oak Estate Wines
403 Ngatarawa Road, RD5 Hastings, 4175
Effective Date: 4th day of November, 2024