These terms and conditions govern the use of our website. By using our website or purchasing goods from our website (manowar.co.nz) you are agreeing to abide by our terms and conditions.
We/our/us/Man O’ War means us, Man O’War Limited, a New Zealand owned company, trading as Man O’War. By using our website or making a purchase you acknowledge that you have read, understood and agree to be bound by the Terms & Conditions which form a legal contract between you the “Buyer” and Man O’War Limited, the “Seller”.
1.1 All purchasers of wine from this site declare that they are 18 years of age or older.
1.2 All prices are stated in New Zealand dollars (NZ$), and include Goods and Services Tax (GST).
1.3 Prices displayed on the website are subject to change without notice. Prices for items on an Order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.
1.4 There is no obligation on the Seller to inquire as to the authority of any person placing an Order on behalf of the Buyer.
2.1 We operate a credit card payment process to enable you to make payment for all purchases of Goods. Your credit card details will be captured and charged via the Payment Express website.
2.3 No Order will be shipped until payment has been received and the funds cleared.
2.4 We do not hold any credit card information on our server at any time.
3.1 Delivery will be made to a New Zealand address nominated on the Order by the Buyer.
3.2 Delivery will usually be made within 5 business days.
3.3 Risk of any loss, damage or deterioration of or to the Goods passes to the Buyer on delivery (as determined in accordance with clause 3).
4.1 If for any reason you are not satisfied with your purchase please contact us
4.2 We do not have to provide a refund if you have changed your mind about a particular purchase or would like to cancel your Order, so please choose your wine carefully. A refund is at our discretion. You may also incur the return freight charge.
4.3 If the Goods you have received are damaged, faulty or defective in anyway, notification must be made within 5 working days and this will be dealt with in accordance with clause 5.
5.1 In respect of any Goods supplied to a Buyer registered in New Zealand: to the extent the Goods are acquired by the Buyer for business purposes the Consumer Guarantees Act 1993 (“CG Act”) does not apply; the Buyer agrees to indemnify the Seller against any liability or cost incurred by the Seller under the CG Act as a result of any breach by the Buyer of its obligations under the CG Act to any person; and nothing in these terms is intended to have the effect of contracting out of the provisions of the CG Act except to the extent permitted under that Act.
5.2 In the event of any Claim under these Terms at the Seller’s discretion Goods may be replaced or the Price refunded. These are the sole remedies available to the Buyer for default by the Seller under these terms.
5.3 In any event, the Seller’s liability arising out of any Claim or otherwise under these Terms will not exceed the Price of the Goods. No claim may be made against the Seller for consequential damages or loss of profits.
5.4 The only guarantees agreed to by the Seller are those confirmed by the Seller in writing.
6.1 Except to the extent expressly set out in these Terms you acknowledge that we will not be liable for any damage, loss, cost, Claim or expense arising out of or relating to: The supply of Goods to the Buyer except to the extent expressly set out in these Terms; or Your use of this site or any ‘hot linked’ site, or Your use of or reliance on information contained in or accessed through this site.
6.2 To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. This disclaimer does not attempt or purport to exclude liability under statute if, and to the extent, such liability cannot be lawfully excluded (such as under the Consumer Guarantees Act 1993).
6.3 Subject to the other express provisions of these Terms, the maximum liability of the Seller to the Buyer for any Claim relating to the supply of Goods and services pursuant to these Terms shall be limited to the value of those Goods and services supplied.
7.1 Although the information provided in this site is presented in good faith and believed to be correct as at the date it was submitted, we make no warranties or representations about the accuracy or completeness of this site, its contents or the content of any web site ’hot linked’ to or from this site, nor do we undertake to keep this site updated. We will not be liable for any damage, loss, claim or expense suffered as a result of the information on this site or any ‘hot linked site’ not being accurate or updated.
7.2 You must take your own steps to ensure that the process which you employ for accessing this site does not expose you to the risk of viruses or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to your computer system arising out of or relating to your use of this site or any ‘hot linked’ site. Any information which you transmit to us is transmitted through a secure system. All reasonable steps to ensure that this information is secure have been taken but we can not warrant all information will be secure at all times.
8.1 The Buyer acknowledges that the Seller is the exclusive owner of all Intellectual Property in any Goods and related services supplied to the Buyer under these Terms or otherwise. The Buyer will not claim any interest in the intellectual property in those Goods nor will it in any way attempt to or allow the copying or re-engineering of those Goods. For the purposes of this clause ‘Intellectual Property’ means any patent, design, trade mark, copyright, know how, trade secret and any other proprietary right or form of intellectual property (whether protectable by registration or not) in respect of any technology, concept, idea, data, programme or other software (including, without limitation, source and object codes, specifications and process).
8.2 The Buyer also acknowledges that we are the exclusive owner of the www.manowar.co.nz website and own all intellectual property rights including copyright in the form, display and content of the website.
9.1 Without limiting the foregoing, neither the Seller nor the Buyer will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these Terms or for any loss or damage (including indirect or consequential loss or damage) if such performance or exercise is prevented or hindered in whole or in part by reason of a Force Majeure Event. Nothing contained in this clause will excuse payment of any money due or which becomes due under these Terms.
9.2 The rights and obligations of either party which are affected by a Force Majeure Event will be suspended during the continuance of the Force Majeure Event, and either party claiming to be affected by the Force Majeure Event will give immediate notice to the other party containing full particulars of the Force Majeure Event. The party giving notice under this clause will take all reasonable steps to mitigate the effects of the Force Majeure Event and remove such Force Majeure Event provided that neither party will be required to remove any such Force Majeure Event if to do so would require it contrary to its judgement to settle a strike or labour dispute or otherwise submit to the demands of opposing parties.
9.3 If the Force Majeure Event prevents or hinders performance of these Terms for a continuous period of 180 days either party may, on not less than 14 days prior written notice to the other party, terminate these Terms.
10.1 We are committed to protecting your privacy. We will only use your personal information lawfully and strictly in accordance with the Privacy Act.
10.2 When you register an account, make a purchase, subscribe to our newsletter, contact us, or enter any competition or promotion we may collect personal information. We use or provide a third-party your information to process your order and contact you if there is a problem with your order. We may also use it to provide you with relevant product information, to assist in the development of new products and to improve the website and your shopping experience.
10.3 Your personal information and order information retained by us is held on a secure database.
10.5 Personal information collected for the above purposes will be retained by our website database. You have the right under the Privacy Act 1993 to access any personal information held about you and to request a correction. If so requested we may make the requested correction or attach a note to the record recording that a request for correction was made but not acted upon. You can do this by contacting us.
10.6 By placing an Order for Goods through the site you are also expressly authorising us to provide your details as entered on the site (including without limit your name, address, phone numbers) to suppliers so they can process your order and arrange for the delivery of those Goods to you.
Other than as set out in these terms your information will not be made available to any other organisation.
11.1 These Terms will be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.