Terms and Conditions
About Ordering Online
All orders are to be shipped within New Zealand. We do not ship internationally.
We can only sell and ship wine to persons 18 years and over. An adult must be available to sign for deliveries.
All prices are shown in NZD and include GST.
Wine can only be ordered in lots of 3, 6, or 12 bottles but mixed or whole case lots are possible.
Packaging is 3,6,12 bottles. Lower numbers can be ordered but freight will be charged at the next higher level e.g. 5 bottles will be freight charge of 6 bottles.
When you process your order you are agreeing to our Terms and Conditions.
Orders may also be placed via phone.
Spade Oak Vineyard may, in its absolute discretion, refuse to fulfil an order by a customer. Spade Oak Vineyard cannot be required to provide its reasons for doing so.
Spade Oak Vineyard will not supply in contravention of any distribution agreements in force.
Spade Oak Vineyard Ltd Off Licence 27/OFF/10476/2017 to 1st Oct 2020
Application of Terms and Conditions
These terms and conditions apply to any contract between Spade Oak Vineyard and the customer in which the customer purchases a wine product online or offline.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. Spade Oak Vineyard may vary these terms and conditions at any time without notice.
Licensing and Sale of Liquor Act
Spade Oak Vineyard warrants that it is the holder of an 'off' licence as defined in the Sale of Liquor Act, and as such is legally authorised to promote and deliver wine for sale by mail order.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 Spade Oak Vineyard mail order, are aged 18 years or over. Proof of age may be required to be produced on delivery.
Availability of Product
The website will show the range of products available to the customer online. However, due to the seasonal nature of the products offered by Spade Oak Vineyard, the customer acknowledges that there may be limited numbers of each type of product available. We reserve the right to restrict the numbers of products available to an individual customer when available quantities are limited, and give preference to those customers with regular standing orders. We will advise you if we are unable to fulfil an order as soon as reasonably possible. Spade Oak Vineyard does not accept liability to the customer as a result of product unavailability. Customers who do not have access to the website 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.
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 on the phone or via fax. Spade Oak Vineyard reserves the right to vary the price of each product from time to time. 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.
Spade Oak Vineyard proposes that payment may be made either by credit card or bank direct debit. When placing an order for an account the customer will be required to indicate their preferred method of payment. Spade Oak Vineyard reserves the right to require an alternative method of payment to the customer's preferred choice. Spade Oak Vineyard reserves the right to vary the method of payment by a customer for any reason.
Spade Oak Vineyard will only deliver to addresses on the North and South islands in New Zealand. Product(s) will be delivered by courier to the customer or the delivery address specified by the customer. Spade Oak Vineyard 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 we are unable to deliver a product(s) to the customer's address or the delivery address by courier, the customer agrees that Spade Oak Vineyard 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. Spade Oak Vineyard shall take all reasonable steps to make deliveries within 7 working days. However the customer acknowledges that Spade Oak Vineyard's ability to deliver is dependent upon the delivery address.
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. Spade Oak Vineyard accepts no liability for the theft, spoiling or any other damage caused to the product when it is left at an unattended delivery address. Spade Oak Vineyard is not liable for failure to deliver within a reasonable time where that failure has been due to causes beyond the control of Spade Oak Vineyard .
Spade Oak Vineyard guarantees the product(s) will be despatched in top quality and condition. Where the customer is able to satisfy Spade Oak Vineyard that the despatched product(s) was not in top quality or condition at the time of despatch Spade Oak Vineyard agrees to replace the product(s) and/or refund the purchase price. Where the customer is unsatisfied with the quality of the product(s) and requires a replacement or refund, the customer must notify Spade Oak Vineyard as promptly as is practicable.
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 as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise are made by Spade Oak Vineyard in relation to product available for purchase on the website. The customer expressly acknowledges and agrees that Spade Oak Vineyard has no obligation or liability for any advice given concerning the products and they are accepted by the customer at the customer's risk. Intellectual Property: All right, title and interest in any intellectual property in relation to all aspects of the Spade Oak Vineyard website and its elements shall at all times remain the property of Spade Oak Vineyard.
Your privacy is important to us. By accepting our Ts and Cs you authorise Spade Oak Vineyard to collect information. Spade Oak Vineyard 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 Spade Oak Vineyard's contractual rights against the customer for promoting Spade Oak Vineyard's activities.
The customer acknowledges that Spade Oak Vineyard will provide its employees and/or agents with the customer's personal information to enable Spade Oak Vineyard to deliver products to or on behalf of the customer. Spade Oak Vineyard will provide the customer with access to the information held by Spade Oak Vineyard in relation to that customer. Spade Oak Vineyard 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 the above to any third party without the permission of the customer.
Spade Oak Vineyard will take all reasonable steps to prevent any unauthorised entry into the Spade Oak Vineyard data-base. However, Spade Oak Vineyard 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 Spade Oak Vineyard. The measures Spade Oak Vineyard 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.
Spade Oak Vineyard 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 online forms at the customer's risk.
Title / Risk
Both title and risk in the product(s) shall pass to the customer once the product(s) is despatched from Spade Oak Vineyard.
Spade Oak Vineyard is released from its obligation to a customer when Spade Oak Vineyard is prevented from performing its obligations by an occurrence of "force majeure". "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 Spade Oak Vineyard.