Terms and Conditions
These terms and conditions apply between Pamark Trading Ltd (We, Our, Us) and you our customer. We trade as ‘St Heliers Cellar’, using domain name https: www.sthelierscellar.co.nz.
If you use our website for ordering goods, or for registering your contact details, or for any other purpose, or you place an order with us by telephone or email, then you confirm your acceptance of these terms and conditions.
We may change these terms from time to time by updating this page. Any such amended terms will apply to any new order or new use of our website which you make after such change is made.
1. AGE RESTRICTION
1.1. We won’t sell alcohol to anyone who isn’t 18 years old or over. By placing an order, you confirm that you are at least 18 years old.
1.2. If you are buying alcohol as a gift, then both you and the recipient must be over 18 years old.
1.3 If on any delivery of alcohol, we (or any delivery person we use) are in any doubt about the age of the recipient, we will request some form of ID. If the person receiving the parcel is unable to produce appropriate ID, unfortunately we will be unable to deliver the alcohol. In that case, you will forfeit the delivery charges paid by you.
2. OUR CUSTOMER COMMITMENT
Please Note that the content of clause 2 is subject to the operation of clause 3.
2.1. Quality – We are committed to the quality of our products. If you buy any wine from us and you don’t like it, we will offer you an alternative product (with any price adjustment to be made) or credit you the purchase price of that item within 30 days of purchase if you return it unused or only used partially in a minor way after sampling it. If you have bought a whole case of one particular wine which you don’t like, and provided you have only opened one bottle from the case (as above in this clause), then we will replace the whole case with another product of your choice (with any price variation to apply), or refund you the purchase price in full (less any delivery charges) as soon as we have collected the rest of the relevant product from you.
2.2. Delivery – Delivery charges vary depending on the delivery area and the quantity you order. We also charge extra for Rural and Saturday delivery. Delivery charges are calculated by our delivery calculator on checkout, as disclosed to you at that time and before you decide to purchase. We reserve the right to add to this charge if for any reason our costs of delivering to your address are higher than calculated.
Delivery times vary between regions but we will have your goods delivered to you within 5-7 working days of your payment clearing and usually much quicker. We will not be able to deliver any alcohol within any time period not permitted by law. We will contact you if for any reason we cannot deliver your goods in the estimated delivery time. At that point you may decide to cancel your order for a full refund or wait for your goods to be delivered.
If you tick the ‘Authority to Leave’ box during checkout and you are not home when we deliver, we will leave the parcel in what we think is a safe place outside your house. If we can’t find a safe place, we will take the parcel back and deliver it another time. You can provide us with some instructions on delivery when you checkout from our website or when you email us your order. We can also deliver to your workplace if that is easier.
2.1. Stolen Products – If we leave your parcel outside your house and the parcel is then stolen, provided the parcel was not outside your house for more than 24 hours, we will ship you the replacement item free of charge, providing you notify us within 14 days.
2.2. Damaged Products – In the event that any of the products delivered by us are damaged upon delivery, please let us know within 14 days and provide reasonable proof, and we will re-deliver replacement product to you or issue you with a refund for those damaged items.
2.3. Availability – All products and services are subject to availability. Wine is an agricultural product and runs out from time to time. Occasionally we have to substitute wines for another vintage or an alternative wine of equal or greater value. If you are unhappy with any substitutions you receive, we will arrange collection at our cost, subject to these clauses 2 and 3.
2.4. Warranty – We warrant that all products we supply to you will at least be of merchantable quality.
2.5. Claiming under our Customer Commitment – If you need to claim under our Customer Commitment, then call us on 09 578 1198 or notify us by email on [email protected].
2.6. Customer satisfaction – If you are dissatisfied with our performance in any way, please contact our customer services department immediately at [email protected].
3. FAIR USE, OUR STATUTORY OBLIGATIONS AND OUR RIGHT TO TERMINATE
3.1. Our Policy – Our policy is to deal with all enquiries fairly, reasonably, confidentially and quickly. We will try to resolve most issues immediately, but where this is not possible, we will keep you informed about progress until a satisfactory resolution has been achieved.
3.2. Fair Dealing – Section 2 of these agreement terms is subject to both parties acting reasonably, and to a general ‘fair dealing’ requirement, including as regards any excessive or unreasonable claims from any particular customer. If we have reasonable grounds to believe that any customer is not acting in accordance with this requirement, then you accept that we may revert to complying with our statutory obligations only, which you accept may be narrower in scope than these agreement terms, and we may also invoke clause 3.3.
3.2. Right To Terminate – Our Customer Commitments in section 2 are included for the good of all of our customers. If we feel that clause 3.2 has not been complied with, we reserve the right to close your account, by inactivating it, once we have met our obligations under this commitment, including clause 3.2. If we do inactivate your account, and you choose to make another purchase, whether through that account or any other, and we accept that, then our obligations to you for any claim will be limited to your statutory rights only and we will not be bound to deliver our full Customer Commitment.
4. PRICE & PAYMENT
4.1. Currency – All prices are quoted in New Zealand Dollars. Delivery costs are in addition to the product price. All prices include GST unless expressly stated otherwise.
4.2. Payment – We accept payment by Visa, Mastercard, American Express and direct credit to our bank account, or by EFTPOS in store. All payments will be processed in NZD. We will not ship goods until your payment has cleared.
4.3. Credit – If we approve the extension of credit to you (at our sole discretion) and you do not pay us on or before our stipulated time for payment, we reserve the right to charge you interest at the rate of 15% per annum calculated daily on all unpaid amounts, and to charge you our full recovery costs including collection charges and legal fees.
5. RETURNS
5.1. Timing – If any of clauses 2.1 to 2.4 apply, please notify us as soon as possible within 14 days, time being of the essence. You may choose either to return the whole case or just the affected bottles for a refund. Clauses 2 and 3 will then apply. If you do not notify us within 14 days then this clause and clauses 2 and 3 may not apply, subject always to your statutory rights.
5.2. Payment – All refunds and reimbursements which we approve under these terms will be paid within 30 days provided the item(s) has been collected by our carrier and any other obligations to be performed by you have been fulfilled.
5.3. Cancellations – Purchases may be cancelled by you without charge before they are shipped by us. In this instance, refunds will be processed within 30 days after you notify us.
6. PROMOTIONAL CONTENT WE USE
6.1. Price Comparisons – We use a number of price comparisons in our emails and on the website. The remainder of this clause 6 applies to such price comparisons.
6.2. Elsewhere Price – When we sell products which are available from other retailers in New Zealand, we may use an ‘Elsewhere Price’ comparison. In this case the ‘Elsewhere Price’ will be the price at which the same product is available for sale from another New Zealand retailer based on reasonable evidence we hold. We will only compare our prices for the same products with other New Zealand retailers. In all other ways we will endeavour to ensure that the Elsewhere Price is a fair and accurate reflection of what the product sells for in New Zealand. If many retailers sell the product, we may use an average ‘Elsewhere Price’ rather than simply citing the most expensive place you can buy that product.
6.3. Our Price Was – The phrase ‘Our Price Was’ represents our own previously advertised, non-discounted price for the same product item, as we sold that item for, for at least 21 consecutive days in the prior 3 month period. The new discounted price will not be active for more than 28 consecutive days without itself becoming the new non-discounted price.
6.4. Special Offer Termination – We reserve the right to terminate any special offer for any product item at any time, for any reason, and without notice.
7. LIMITATION OF LIABILITY
7.1. Statute Law – Nothing in clauses 7.2 to 7.5 or elsewhere in this agreement applies if and to the extent it conflicts with any statutory right you hold and which we are unable to restrict or amend by agreement with you. You accept that we are required to comply with all applicable sale and supply of alcohol laws and that such legal obligations take precedence for us at all times.
7.2 Exclusions – You agree that we are not be liable for any loss or damage where:
7.1.
7.1.1. it was not caused by us or our employees; or
7.1.2. the loss is indirect, consequential, or was not reasonably foreseeable to both parties when the contract was formed; or
7.1.3. to the extent that the alleged value of the loss in any way exceeds the amount you paid to us in relation to the relevant product items in question; or
7.1.4. the loss or damage was caused by your act or omission or other default, including as regards any spillage or regarding any consumption of alcohol beyond that which is reasonably considered to be moderate or safe considering the age and health of the consumer.
7.1. Risks – Customers should also be aware of the following inherent risks and warnings:
7.1.
7.1.1. Alcohol should be consumed only in moderation and subject to the advice of your health professional as required.
7.1.2. A case of wine is heavy, and so extra care should be taken when lifting it. If you are concerned about the weight, we advise that you transfer the bottles 1 or 2 at a time.
7.1.3. Red wine in particular may cause staining if spilt so extra care should be taken.
7.1.4. Sparkling wines and champagnes can be volatile due to the build up of gasses extra care should be taken when opening these.
7.1. Delay – We shall not be liable for any delay in delivering your order if that delay or failure is caused by circumstances beyond our reasonable control such as, war, riot, civil commotion, malicious damage, epidemic, pandemic, compliance with any law or governmental order, rule, regulation or direction, fire, flood, storm or other Act of God, failure of ISP or telecommunications provider in connection with the performance of this agreement.
8. YOUR PRIVACY
8.1. Permissions – We take your privacy very seriously and will not pass your personal information to any third party without your permission, other than where we need to do so to deliver products to you, e.g. our delivery company, or to enforce our rights under this agreement. You accept that our Privacy Policy terms will apply at all times.
8.2. Electronic Messages – By providing your personal contact details to us, via our web site or email or otherwise, you are then consenting to us maintaining, recording, holding and using that information to process your orders, to improve our service to you, and to inform you of promotions.
8.3. Opting Out – If you choose to opt-out from receiving electronic communications from us, you will not hear from us unless it is regarding a specific order placed by you or unless we make an important update to these terms and conditions.
9. GENERAL
9.1. Variations – We may at any time change or add to these terms and conditions for security, legal or regulatory reasons. Any such updated terms will only apply to any new orders placed by you after that time.
9.2. Our property – You agree that our trade marks and trade names and associated details (including personal details) constitute our business information, and may include personal information, and must not be used by you in any way other than to purchase products from us or to correspond with us in that regard.
9.3. Assignment – Neither party will transfer or assign any of its rights or obligations under this Agreement without the prior written consent of the other party provided that we may assign all and any of our rights and obligation under these terms and conditions to any person who purchases the whole or a material portion of the assets of our business.
9.4. Law – This agreement is governed by New Zealand law and the parties submit to the exclusive jurisdiction of the courts of New Zealand.
End version No.01 Date: 09-11-2021
OPENING HOURS FOR IN-STORE PURCHASES
If you prefer to buy in-person, then we would love to welcome you into St Heliers Cellar. We’re located at 287C St Heliers Bay Road, St Heliers, Auckland.
Monday: 11am-9pm
Tuesday: 11am-9pm
Wednesday: 11am-9pm
Thursday: 11am-9pm
Friday: 11am-10pm
Saturday: 11am-10pm
Sunday: 11.30am-8.30pm
