(a) Orders may be placed by using the online order form.
(b) The order form provides for a delivery address. Where a delivery address is not entered the product(s) shall be delivered to the default delivery address as indicated by the customer on its registration form (see delivery below).
(c) Hans Herzog Estate may, in its absolute discretion, refuse to fulfil an order by a customer. Hans Herzog Estate cannot be required to provide its reasons for doing so.
(d) Hans Herzog Estate will not supply in contravention of any distribution agreements in force.
(e) You may cancel or change your order anytime before your goods have been dispatched from the winery. In order to cancel or change your order you must call us on +64 3 572 8770 or email us on email@example.com
(a) Orders may be placed offline at the cellar door onsite or by phone
(b) Phone orders can be made by calling +64 3 572 8770
(c) Onsite orders are made through the Cellar Door at 81 Jeffries Road, RD3 Blenheim, Marlborough New Zealand.
(a) Product(s) will be delivered by courier to the customer or the delivery address specified by the customer. Hans Herzog Estate may, in its absolute discretion, refuse to deliver a product(s) to a customer's address or a delivery address specified by a customer.
(b) If Hans Herzog Estate is unable to deliver a product(s) to the customer's address or the delivery address by courier the customer agrees that Hans Herzog Estate 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.
(c) Hans Herzog Estate shall take all reasonable steps to make deliveries in New Zealand within 5-10 working days. However the customer acknowledges that Hans Herzog Estate’s ability to deliver is dependent upon the delivery address and the time and date in which the order has been place.
(d) 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. Hans Herzog Estate accepts no liability for the theft, spoiling or any other damage caused to the product when it is left at an unattended delivery address.
(e) Hans Herzog Estate is not liable for failure to deliver within a reasonable time where that failure has been due to causes beyond the control of Hans Herzog Estate.
Both title and risk in the product(s) shall pass to the customer once the product(s) is despatched from Hans Herzog Estate.
Guarantee of Quality
(a) Hans Herzog Estate guarantee the product(s) will be delivered in top quality and condition. Where the customer is able to satisfy Hans Herzog Estate that the delivered product(s) was not in top quality or condition at the time of delivery Hans Herzog Estate agrees to replace the product(s) and/or refund the purchase price (subject to 14.(b) below).
(b) Where the customer is unsatisfied with the quality of the product(s) and require a replacement or refund, the customer must notify Hans Herzog Estate within 3 days from delivery, and replacements at the discretion of Hans Herzog Estate.
Terms & Conditions
"Customer" - Any person or entity who orders products whether online or offline.
"Hans Herzog Estate" – Herzog Wine Collection Ltd
"Product" or "Products" - Products offered on the Hans Herzog Estate website
"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 Hans Herzog Estate "The website" – Hans Herzog Estate Website for New Zealand & International Orders
Application of Terms and Conditions
(a) These terms and conditions apply to any contract between Hans Herzog Estate and the customer in which the customer purchases a Wine product online or offline.
(b) 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.
(c) Hans Herzog Estate may vary these terms and conditions at any time without notice.
Licensing/Sale of Liquor Act
(a) Hans Herzog Estate 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.
(b) 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 Hans Herzog Estate mail order, are aged 18 years or over. Proof of age may be required to be produced on delivery.
(a) Hans Herzog Estate will take all reasonable steps to prevent any unauthorised entry into the Hans Herzog Estate data-base. However, Hans Herzog Estate 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 Hans Herzog Estate.
(b) The measures Hans Herzog Estate 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.
(c) Hans Herzog Estate 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 on-line forms at the customer's risk.
(a) The customer authorises Hans Herzog Estate to collect information about the customer from any relevant source (including the on-line forms).
(b) Hans Herzog Estate 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 Hans Herzog Estate’s contractual rights against the customer for promoting Hans Herzog Estate’s activities.
(c) The customer acknowledges that Hans Herzog Estate will provide its employees and/or agents with the customer's personal information to enable Hans Herzog Estate to deliver products to or on behalf of the customer.
(d) Hans Herzog Estate will provide the customer with access to the information held by Hans Herzog Estate in relation to that customer.
(e) Hans Herzog Estate 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 clause 5(c) above) to any third party without the permission of the customer.
Availability of Product
(a) The website will show the range of products available to the customer online. However, due to the seasonal nature of the products offered by Hans Herzog Estate, the customer acknowledges that there may be limited numbers of each type of product available.
(b) Hans Herzog Estate reserves the right to restrict the numbers of products available to an individual customer when available quantities are limited. Hans Herzog Estate will give preference to those customers with regular standing orders.
(c) Hans Herzog Estate will advise the customer of its inability to fulfil the customer's order as soon as reasonably possible.
(d) Hans Herzog Estate does not accept liability to the customer as a result of product unavailability.
(e) Customers who do not have access to the web-site 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 (if ordering by fax).
(a) 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 as per clause 6(e) above.
(b) Hans Herzog Estate reserves the right to vary the price of each product from time to time. Any price variations will be shown on the website and on the online order form.
(c) 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.
(a) Hans Herzog Estate proposes that payment may be made either by credit card (VISA /MASTERCARD/AMEX/DINERS) or Direct Debit. When placing an order for an account the customer will be required to indicate their preferred method of payment.
(b) Hans Herzog Estate reserves the right to require an alternative method of payment to the customer's preferred choice.
(c) Hans Herzog Estate reserves the right to vary the method of payment by a customer for any reason.
Hans Herzog Estate cannot refund online or offline orders if the customer changes their mind. If the product(s) are faulty due to delivery methods, this is liable under the courier company and replacements will be made at the discretion of Hans Herzog Estate.
Valid Reasons for Return
Wrong wine was sent (e.g. different vintage than ordered)
Bottle is leaking upon arrival
Illegible or missing label
Low fill. When the viewable wine level in the bottle is more than 1 inch below the bottom of the cork.
For bottles damaged or broken in transit, you must file a claim immediately with the insurer or carrier that was used for the shipment.
NOTE: No requests for returns can be accepted or authorized more than three business days after delivery.
(a) 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 to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise are made by Hans Herzog Estate in relation to product available for purchase on the website.
(b) The customer expressly acknowledges and agrees that Hans Herzog Estate has no obligation or liability for any advice given concerning the products and they are accepted by the customer at the customer's risk.
All right, title and interest in any intellectual property in relation to all aspects of the Hans Herzog Estate website and its elements shall at all times remain the property of Hans Herzog Estate.
Hans Herzog Estate may be excused from its obligation to a customer when Hans Herzog Estate is prevented from performing its obligations by an occurrence of "force majeure".