Sacred Hill is recognised as one of New Zealand's leading, multi award winning wineries. Focusing on the production of premium 'handcrafted' varietal wines the company's estate vineyards are located in New Zealand's leading grape growing regions of Marlborough, Hawkes Bay and Central Otago.
Terms and Conditions
Terms and Conditions
|Transaction Currency term||Delivery/Returns policy|
|Refund/disputes resolution policy|
1.1 “Seller” shall mean Sacred Hill Wines Ltd, or any agents, employees, successors or assigns thereof.
1.2 “Buyer” shall mean the entity or person named on any form provided by the Buyer to the Seller (or any person acting on behalf of and with the authority of such entity or person) who buys or agrees to buy Goods. If the Buyer includes two or more persons, those persons' liability is joint and several.
1.3 ”Goods” shall mean all Goods (as defined by the Sale of Goods Act 1908) supplied by the Seller to the Buyer and are as described on any invoice provided by the Seller to the Buyer.
1.4 “Price” shall mean the cost of the Goods as determined by the Seller and any other amounts owing to the Seller by the Buyer.
2. Acceptance & Proof of Age
2.1 Any instructions received by the Seller from the Buyer for the supply of Goods shall constitute acceptance of this contract.
2.2 Where the Goods are alcoholic in nature Buyer confirms and acknowledge that:
a) they are legally entitled to purchase alcohol and that they can provide sufficient proof of age on request by the Seller prior to, or upon delivery, of the products; and
b) all information supplied is true and correct.
2.3 The Seller may decline any order without reason.
2.4 Upon acceptance of an order by the Seller the order cannot be cancelled by the Buyer without the consent of the Seller.
2.5 These terms and conditions along with invoices, order forms, or any other documents issued by the Seller together form the contract and are the full agreement between the parties.
3. Consumer Guarantees Act & Fair Trading Act
3.1 Where Goods are supplied for the purposes of a business, the Buyer agrees that the Consumer Guarantees Act 1993 shall not apply. Where the Buyer purchases Goods for re-supply, the Buyer's contract must contain an equivalent provision to this clause.
3.2 Nothing in this contract is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 except to the extent permitted by statute.
4. Product Availability
4.1 The Seller makes no guarantee that any particular vintage or product shall still be available at the time an order is processed.
4.2 The Seller reserves the right to limit the quantity promotional Goods available.
4.3 In the event a particular vintage or product ordered by the Buyer is unavailable then the Seller reserves the right to offer a suitable alternative.
5. Price & Payment
5.1 The Seller reserves the right to vary the Prices without notice.
5.2 The costs of delivery shall be paid by the Buyer in addition to the Price.
5.3 Payment shall be made by credit card.
5.4 Prices stated are in New Zealand dollars and are inclusive of GST.
5.5 Unless agreed to by the Seller in writing, orders will not be dispatched until payment is made in full.
6. Privacy Act
6.1 The Buyer acknowledges that personal information collected or held by the Seller is provided and may be held, used and disclosed for the following purposes:
a) administering, whether directly or indirectly, the Seller's contracts and enforcing the Seller's right thereunder; and
b) ascertaining at any time the Buyer's creditworthiness and obtaining at any time credit reports, character references or credit statements; and
c) enabling the Seller to notify any credit agency of any application for credit or default on any obligation of the Buyer to the Seller and enabling the Seller to provide such personal information to any credit agency so such credit agency can maintain correct records; and
d) enabling the Seller to communicate with the Buyer for any purpose.
6.2 Where the Buyer is an individual the authorities under clause 6.1 are authorities or consents for the purposes of the Privacy Act 1993.
6.3 The Buyer has the right under the Privacy Act 1993 to obtain access to and to request correction of any personal information concerning it held by the Seller.
7.1 The Seller makes best endeavors to complete delivery of the Goods within seven (7) days of the confirmation of an order where the Buyers delivery address is in either the North or South Island of New Zealand. The timing of delivery to any other area is beyond the control of the Seller.
7.2 Delivery of the Goods shall be deemed to be completed when:
a) the Seller gives possession of the Goods directly to the Buyer, or
b) possession of the Goods is given to a carrier, courier or other bailee for the purpose of transmission to the Buyer.
7.3 Where the Buyer does not take delivery of the Goods by the delivery date specified, the Buyer shall either:
a) pay a redelivery fee; or
b) pay reasonable storage costs until such time as the Buyer accepts the Goods.
7.4 Risk in the Goods shall pass from the Seller to the Buyer upon delivery of the Goods.
7.5 The time agreed for delivery (if any) shall not be an essential term of this agreement unless the parties agree otherwise in writing to make time of the essence.
8.1 Any claim by the Buyer as to incorrect performance or breach of this contract must be made to the Seller in writing within seven (7) days of delivery (time being of the essence) of the Goods otherwise the Seller shall be entitled to presume that the Goods have been delivered in good order and without defect or shortage in quantity.
8.2 In the event the Seller agrees that the Goods have not been delivered in good order, or with defect or shortage in quantity then the Seller's liability shall be limited to either repair or replacement of the Goods.
8.3 The Seller accepts return of Goods (at the Buyer's cost) for credit subject to a restocking fee of ten percent (10%) of the Price.
8.4 To the extent permitted by statute the Seller excludes all other representations, warranties (whether express or implied) and liabilities whether in contract, tort, under any other legal principle, or otherwise.
9.1 Property and ownership in the Goods will not pass to the Buyer, but will remain with the Seller, until payment in full of the Price.
9.2 Processing of a Credit Card payment, Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such instrument is paid in full.
9.3 Until property in the Goods passes to the Buyer:
a) the Buyer shall hold the Goods as fiduciary bailee and agent for the Seller; and
b) the Seller shall have a right of lien over any Goods, whether or not those Goods have been paid for by the Buyer. Such rights shall be additional to the Seller's rights referred to herein; and
c) if the Buyer is in default of payment then the Buyer shall deliver the Goods to the Seller upon demand and in the event the Buyer does not comply with such a demand then the Seller shall be entitled to enter upon the Buyer's premises at any time and do all things necessary in order to take possession of the Goods. The Buyer shall be liable for all costs of whatsoever nature associated with the exercise of the Seller's rights under this clause.
10.1 The Buyer acknowledges that this contract creates a security interest in the Goods and, for avoidance of doubt, the proceeds of the sale of the Goods which the Seller may register on the Personal Property Security Register. The Buyer will, if requested by the Seller, sign any documents, provide all necessary information and do anything else required by the Seller to ensure that the security interest is a perfected purchase money security interest.
11. Limitation of Liabilities
11.1 The Seller shall not be liable to the Buyer, or to any other person, for any loss or damage either:
a) caused by any delay in delivery however that delay is caused; or
b) arising directly or indirectly from the Goods or their use.
11.2 The Seller shall not be liable for any consequential, indirect or special damages or loss of any kind suffered by the Buyer or any other person caused by any breach by the Seller of any of the Seller's obligations under this contract.
11.3 To the extent permitted by statute if the Seller is ever liable to the Buyer, or any other person, and the Seller cannot rely on the exclusions or representations, warranties, or liabilities set out in these terms and conditions then the Seller's liability is in all cases limited to the Price of the Goods.
11.4 Neither party shall be deemed in default of this contract to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any Act of God, war, terrorism, fire, natural disaster, accident, act of government, strikes, unavailability of material, or any other cause beyond the reasonable control of such party.
11.5 The Buyer acknowledges that the Goods are bought relying solely upon the Buyer's skill and judgement and not as a result of any inducement, representation or promise made by the Seller.
12.1 This contract cannot be cancelled or terminated while unresolved issues exist between the parties.
12.2 To end the contract, the Buyer must give the Seller a signed notice stating that the Buyer is ending the contract under this clause and giving the details of why the contract is being ended. On giving such notice any sums outstanding in respect of the Price shall become immediately due and payable.
12.3 The Seller may cancel any contract to which these terms and conditions apply, or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice the Seller shall repay to the Buyer any sums paid in advance in respect of the Price. The Seller shall not be liable for any loss or damage arising from such cancellation.
13.1 Headings are inserted for convenience and shall not affect the construction of this contract. The singular includes the plural and vice versa. Persons include incorporated and unincorporated entities. Words referring to one gender include the other.
13.2 If any provision of this contract shall be invalid or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
13.3 This contract shall be subject to the laws and statutes of New Zealand and subject to the jurisdiction of the court geographically closest to the physical address of the Seller.
13.4 The Seller will only supply Goods on these terms and conditions unless agreed otherwise in writing.
13.5 The Seller's failure or delay in exercising or enforcing any right it has under this contract shall not operate as a waiver of the Seller's rights to exercise or enforce such rights or any other rights in the future.
13.6 The Seller shall not be bound by any error or omission made by the Seller on any invoice, quotation, estimate, or any other document issued by the Seller.