1.0 Terms and Conditions of Use
Welcome to the True Wines Limited (and Maverick) online wine store. True Wines Limited (Truewines) is a New Zealand owned and operated company and is registered with the New Zealand Companies Office.
The service provided by Truewines, and Maverick (Maverick, owned and operated division of True Wines Ltd), is intended to provide a safe, fair, convenient and competitively priced online market environment where people, who are passionate about good quality, interesting wines, and other complementary products, can view, browse and buy in complete security and at their own leisure. Suppliers to the Truewines website are solely responsible for all pricing strategies, of any products listed within the site.
1.1 Acknowledgement and Acceptance of Terms and Conditions of use
Please read the following Terms and Conditions of Use carefully. By using the services offered by Truewines (and hereafter, Maverick) you accept the Terms and Conditions of Use, and agree to be legally bound and subject to them. If you do not accept these terms and conditions of use, then we ask that you do not use any of the Truewines services.
1.2 Amendments of Terms and Conditions of Use
Truewines reserves the right to amend any of these Terms and Conditions of Use without notice. Any amendments of Terms and Conditions of Use will become effective immediately upon their posting on the Truewines website. For our part, we will post these clearly on the site while informing you that ultimately you, as a customer are responsible for ensuring you are aware and familiar with the most recent Truewines Terms and Conditions of Use. Truewines will not be held responsible for any costs incurred by you as a consequence of these Terms and Conditions of Use changing.
2.0 Obtaining a User Account
In order to buy products through the Truewines website, you must apply under the appropriate link as described below. Becoming a user or simply viewing the Truewines website is free. In order to purchase alcohol, you must be over 18 years old and legally entitled to do so. All transactions are subject to this and all our other Terms and Conditions. As the legal requirement for a person to be able to form a legally binding contract that under New Zealand law is enforceable against you is 18 years old also, please note that user membership services are not available to minors and/or persons under 18 years of age and all other persons who under current New Zealand laws are legally prohibited from entering into binding contracts.
If you are over 18, setting up a User Account and buying from the Truewines website is quick and uncomplicated. Simply use the Sign-Up link off this page and fill out the user details as prompted to do so. Once you have completed the requested user details you will receive an email confirming your account setup and details. Alternatively, you can place products in your shopping cart and on checkout, you’ll be prompted to create a new User Account. Having done so you will receive a confirmation email as well.
Note that suppliers are not required to pay any listing and/or advertising fees within the Truewines website. Becoming a supplier to the central site involves paying a small annual administration fee as well as commission fees for the sale of products through the Truewines website. All information relating to becoming a supplier including fee structures are accessible through the Supplier Application area of the Website.
2.1 Providing and Maintaining User Account Information
When registering as a user of Truewines you must expressly agree to provide accurate, current and complete information. As a member, we require also that you maintain and update any information held by Truewines to ensure that information about you is current. You may not register under multiple identities or aliases regardless of whether you are known by two or more names. This is to ensure the safe, clear and concise exchange of information between all authorized parties (i.e. Truewines, and you the user) who use the Truewines website services. At our discretion, Truewines may contact you in writing or by telephone to verify the details supplied to us.
2.2 User Security
All users are personally responsible for their own login information. If you maintain a written record of login information, then you are strongly advised to keep user IDs, passwords and email addresses in a secure place. As a user, you must agree to not allow any other person to use your user ID, password, email address and/or any other information that may give them your user account access to the Truewines website. If any unauthorized use of your user details occurs then you must notify Truewines immediately upon becoming aware of the situation. It is advised that once the user becomes aware of such a situation, user IDs and passwords are changed so that any further unauthorized use is avoided.
2.3 General Rules for Supplier and User Conduct
- You must agree not to attempt to interfere or harm the Truewines website and/or services, or any system, or networks connected to Truewines, and to comply with all policies, protocols, and procedures of all networks connected to the Truewines service.
- You must not attempt to harvest or use robots, spiders or scrapers or any other automated electronic means for the purpose of accessing the Truewines website to gather any information from the service.
- All prices are for the supply of items in New Zealand and are stated in New Zealand dollars inclusive of goods & services tax (GST) If required, all users are responsible for their individual tax obligations and are advised to seek further information from the Inland Revenue Department or suitably qualified person(s) if they are unsure about any tax obligations they may have.
- Users and suppliers using the Truewines website in any way cannot complete or seek to complete a transaction outside the Truewines system and process in an effort to avoid the Truewines commission fees. At the discretion of Truewines management, supplier and/or user accounts may be suspended permanently if on the balance of probabilities there is sufficient evidence indicating such behavior.
- Where suppliers elect to have a hyperlink provided directly to their own website, a reciprocating link must be provided back to the Truewines website. The link (URL address) provided by Truewines (upon Truewines creating a supplier account) will be directed to the individual supplier’s area – within the Truewines website. Example: www.truewines.co.nz/dry river.
- Where suppliers who elect to use the hyper-link facility to their own websites, Truewines have an expectation that price structures, on either site, will be somewhat competitive. Although Truewines will always rely on its own website ‘value add’ strategies, Truewines will not tolerate merely being used as a vehicle to drive buyers direct to suppliers’ websites for the purpose of facilitating sales.
- From time to time Truewines will randomly test the commercial integrity and credibility of a supplier(s). This testing process is to ensure that suppliers are adhering to all of the Terms and Conditions of Use as set out in this document.
- You must agree not to transmit through the Truewines service or associated services any objectionable material and communications that would be likely to offend other persons and/or encourage or incite a criminal offense or cause civil proceedings to be brought against the Truewines service, owners, management and/or its employees.
- Truewines supplier and user accounts are non-transferable and therefore cannot be sold or traded to any other parties.
3.0 Suppliers Obligations
True Wines Limited is the vehicle for which you, as a user can purchase wine from a reputable supplier. As such, it is important that you understand the obligations that all our suppliers are under as these affect your rights as a purchaser.
- Suppliers must maintain the conditions of the supplier’s agreement at all times. Where conditions occur which are not expressly outlined in the supplier agreement, the supplier is required to act at all times in what would be considered by the average person to be a fair, reasonable and equitable manner. The terms Seller and Supplier, product and good, freight and shipping are considered to be equivalent and interchangeable within the context of this document and Truewines in general.
- Suppliers are responsible for the management of their products at all times, both in physical inventory and virtually, through the supplier systems. Suppliers are required to retain physical inventory within the two main islands of New Zealand at all times which exactly matches their Truewines listed inventory. Suppliers are required to dispatch items purchased by buyers, to the address specified by shipping details, within two business days of a sales confirmation receipt being issued by the Truewines system. Such an address will at no time be outside the physical boundaries considered to consist of the two main islands of New Zealand, namely – the North and the South Islands. Should such an address be found to be outside of these two islands of New Zealand, the supplier may at their discretion rescind the sale of the item and inform Truewines of the circumstances surrounding this occurrence.
- Suppliers are required to use methods of freight that include receipt of a tracing identifier that can be entered into the Truewines Supplier Management System. Suppliers may select shipping contractors/subcontractors at their own discretion provided that the said contractors/subcontractors can perform the service of freight in accordance with Truewines’ Supplier and user management systems and the Terms and Conditions of Use. It is important for suppliers to note that most reputable freight and/or courier companies now have tracing identifiers attributable to the freighting of goods.
- If suppliers choose to deliver the smaller product(s) to buyers via post (not by the Truewines track and trace system) then suppliers who choose this method of delivery accept full responsibility for any losses to the buyer through the product(s) not being delivered, the wrong product(s) being sent or damaged en-route to the buyer. This would include postage & packaging costs, product(s) replacement costs and/or repair costs of the product(s). Any subsequent losses to the buyer other than those mentioned within the Truewines terms and conditions of use are not the responsibility of the supplier.
- Suppliers are required to action any returns process within two business days of receiving the returned product which involves mis-picks by the supplier, damaged or malfunctioning products and any other circumstance not expressly denoted herein that relates directly to a fault or omission on the suppliers part.
- Unless otherwise stipulated, Truewines does not own or inventory any of the products sold from the Truewines website. If a situation arises where a product purchased involves either the wrong item being packed by the supplier, the product has been damaged whilst in transit on route to the purchaser, is faulty, the product(s) are not as described in the advertisement or the product has not been delivered within the 7 day delivery time, then this situation may fall within the parameters of the Truewines return policy or non-delivery policy of the Terms and Conditions of Use.
4.0 Buyers Obligations
- Buyers are required to list a New Zealand shipping address for any item purchased on Truewines.
- Buyers are required to maintain what would be considered by the average user, normal and appropriate behavior in their habits.
- The terms buyer and user are considered to be equivalent and interchangeable within the context of this document and Truewines in general.
5.0 Truewines Supplier Fees
- Truewines charges a commission fee of 17.5%, GST inclusive, for the sale of any products, and only at the time of sale. There are no other fees attached to the Truewines website. Note: The commission fee does not apply to the freight component of the sale. All information relating to Truewines fees are contained within the fees page of this website.
- Truewines reserves the right to change the commission fees charged to suppliers and/or introduce new fees at their discretion. Truewines would provide 30 days’ notice prior to any changes taking effect of any fee changes. Truewines advise suppliers to peruse the Terms and Conditions of Use page and the fees page on a regular basis so they are up-to-date with any operational information relating to the Truewines website.
In the rare event that fees are increased or new fees are introduced, Truewines will endeavor to minimize the impact to both suppliers and users in every instance.
- If any new service is introduced to the Truewines website, the fees for that service will be effective from the launch of the service.
- All commission fees are inclusive of goods and services tax (GST) and are shown in New Zealand currency.
6.0 Truewines Supplier and User Accounts
- Registered Users of Truewines may request to have their user accounts terminated at any time. Suppliers that have current listings may not close their accounts until all outstanding transactions and related activities have been successfully completed.
- If there are matters that need to be resolved between suppliers and buyers and/or Truewines then at the discretion of Truewines’ management, user accounts may remain open until such matters have been resolved to a satisfactory level.
- If there are any outstanding supplier commission fees owing to Truewines, then these are to be settled prior to the termination of the supplier account.
- If a member has not logged onto the Truewines website for a period of twelve months or longer then their membership will be automatically terminated.
7.0 Truewines Returns Policy
Truewines uses a unique ‘Product Supply and Returns Processing Method and System’ (NZ Patent Application No. 540586) that streamlines the process to resolve any potential non-delivery and/or returns issues (damaged, mis-picks, corked or misrepresented) that may arise between a buyer and a supplier. This system is simple to use and fully automated but requires the supplier to initiate the facility by providing the shipping details (drop-down menu provided) via their individual ‘supplier console’ – within the supplier login area.
It is understood that Truewines will act as an intermediary between the supplier and the buyer should a returns conflict occur. Should such resolution process prove the conflict to have been caused through the fault, negligence (including failure to provide accurate advertising information) or lack of ethical conduct of the supplier, the said supplier will be liable for any costs whatsoever incurred by Truewines and the buyer during the resolution/facilitation process. This may also include the cost of the product(s). Costs thus incurred may be deducted from the Supplier’s Truewines account at the discretion of Truewines. Should the conflict prove to have been through the fault, negligence or lack of ethical conduct by the buyer, Truewines may at its discretion choose to suspend permanently said buyer and retrieve any incurred costs whatsoever from the buyer’s Truewines account for the reimbursement of the damaged parties concerned.
7.1 Buyer Responsibilities
- Buyers using the Truewines website must facilitate returns by following the processes outlined upon navigating through the onsite ‘Return a Product’ link within a reasonable time. A reasonable time is defined under section 20(2) of The Consumers Guarantees Act 1993 as a period from the time of supply of the goods in which it would be reasonable to expect the defect to become apparent having regard to I) The type of goods, II) The use to which the consumer is likely to put them, III) The length of time for which it is reasonable for them to be used, IV) The amount of use to which it is reasonable for them to be put before the defect becomes apparent.
- Once the returns process has been initiated by the buyer, under the returns system developed by Truewines, the supplier and buyer will have 14 days to resolve the matter. If a return can not be effected within this time, then the resolution of the return may be decided by Truewines management.
- Buyers returning products due to a mix-pick on the part of the supplier, or because the product arrived damaged; must return these products in ‘as original condition’ as delivered to the buyer. This also includes the packaging of the product. Under these circumstances the buyer will have 30 days from the time of the purchase to initiate the 14-day returns resolution process as described in 7.1 b). If products are to be returned under product warranty or suppliers guarantee then it simply matters of identifying and communicating the reason for return with respect to that particular warranty or guarantee.
- Failure to comply with the Terms and Conditions of Use and processes for the return of a product(s) may result in a returns claim being declined.
- Any monies transferable back to the buyer will be placed into their Truewines account for use in purchasing other products on the Truewines Website.
- Products returned as a result of mis-picks by the supplier, damaged or malfunctioning products and any other circumstance not expressly denoted herein, but through which it would be reasonable to accept that the buyer would return the product, due to any fault on the part of the supplier or any issue with the product, will have any reasonable freight costs which may be incurred by the buyer, refunded from the supplier’s Truewines account, should the supplier not refund this cost for any reason. Such refunds will be at the discretion of Truewines should any dispute arise.
- Buyers are expected to maintain patterns that would be considered normal with regard to the percentage of items purchased and returned. Failure to adhere to normal returns patterns may result in buyers being suspended from Truewines.
- Buyers must be aware that initiating the Truewines returns process with the intent to deceive the supplier or Truewines, will result in the buyer’s user accounts being permanently suspended, and in more serious cases where there is sufficient evidence indicating fraudulent behavior, may also result in criminal proceedings being brought against the user(s) concerned.
7.2 Supplier Responsibilities
- Suppliers must facilitate the logistics of returns in accordance with the supplier agreement, which includes the Terms and Conditions of Use as they relate to the Truewines website. Upon receipt of the returned product, the supplier is to notify the Truewines website in the prescribed manner within one business day as to the resolution of the returns process.
- Suppliers must provide clear, concise and accurate product information within the product description areas of the website. This must also include accurate photographs/labels that represent the advertised product(s). Failure to comply with this condition may result in a buyer making a returns claim against the supplier through the Truewines returns process.
- Reasonable returns costs incurred by the buyer, which are the result of mis-picks on the part of the supplier, damaged or malfunctioning products and any other circumstance not expressly denoted herein but through which it would be reasonable to accept that the buyer would return the product, are the responsibility of the supplier to refund to the buyer. Should the supplier default on this responsibility, Truewines reserves the right to take recovery action to retrieve said costs.
7.3 Truewines Refund Guarantee
Truewines offers all users a ‘Truewines Refund Guarantee’. If any user purchases a 1/2 case of wine (or more) and finds the first bottle is not to their liking, upon returning the balance of the wines to Truewines Ltd, Truewines will credit their user account the balance of the wines i.e 5/6 or 11/12 (or more) of the full purchase amount.
- ‘Truewines Refund Guarantee’ only applies to wines where they do not meet with the buyers’ expectation in regards to taste. Returns issues relating to damaged, mis-picks, corked or misrepresented wines are for the supplier and buyer to resolve using Truewines unique ‘Product Supply and Returns Processing Method and System’ (NZ Patent Application No. 540586).
- Freight costs associated with returning the balance (5 or 11, or more bottles) wines to Truewines Ltd are the buyers’ expense. Click here for return delivery details.
- Upon receipt of the returned goods, Truewines will credit the user’s account for the balance of the wines i.e. 5/6 or 11/12 (or more) of the full purchase amount within two business days. No cash refund will be provided.
Please note: Truewines offers the facility where any user electing to close their user account, can request any balance in their account to be returned to them.
- Truewines will consult with the supplier of any refunded wines prior to redistributing the wines. This consultation is intended to protect/respect supplier pricing strategies already placed on the Truewines website.
8.0 Non-Delivery Policy
8.1 Buyer obligations
- The buyer is to activate the non-delivery of items link on the Truewines Website and follow the procedures outlined therein should they not receive a product(s) within 7 days. Once the 7 day delivery time has expired a non-delivery link will automatically appear within the buyer’s user console. If a product(s) has not arrived within 7 days then the buyer has an additional 7 days to activate the non-delivery link to initiate the non-delivery process. The non-delivery resolution by the supplier must not take longer than 2 business days, as per clause 8.2 b). It is understood that should the buyer not activate this link and follow said procedures by the end of the seventh day of the non-delivery link appearing, the supplier or suppliers of the product(s) will have any monies attributable to the purchase of product(s) which may not have been delivered, released for their use by 3pm on the 8th day after the non-delivery link has appeared.
- Any product(s) purchased by users and intended for delivery to any address that is not their own, are the sole responsibility of that user to ensure the delivery of the product(s), and any subsequent non-delivery process to be initiated by that user as described under 8.1 a) if the product(s) are not delivered within the 7 day delivery time.
- In activating the non-delivery link, it is understood that the user/buyer must fill out all fields within any forms or areas contained on the pages that reside at this location.
- The buyer understands that in completing necessary forms under the non-delivery link, activating the check box in the declaration of non-delivery field may result in criminal actions being initiated should this declaration prove to be fraudulent or misleading.
- Buyers are obliged to activate the ‘resolved button’ in their user field when any issue regarding non-delivery of items is resolved.
8.2 Suppliers Obligations
- Suppliers agree that as a condition of their using the Truewines Website, they may have any funds relating to a non-delivery claim frozen by Truewines until the non-delivery of the product(s) is resolved.
- Suppliers are obliged to respond to any non-delivery complaint by a customer within 1 business day of notification being sent and understand that should any non-delivery dispute not be resolved within 2 business days, Truewines may take over the resolution process. Any costs incurred by Truewines in said resolution process are the responsibility of the supplier and may be deducted from their Truewines account. Any disputes with courier or delivery companies or agents employed by the supplier in the delivery of items, are the sole responsibility of the supplier involved.
- Suppliers are responsible for all enquiries and action being taken to resolve a non-delivery complaint of any item which they have supplied but which may not have been delivered.
- Suppliers are responsible for bearing the cost of any enquiries or action to resolve a non-delivery complaint.
- Where a fraudulent or misleading claim has been made by a buyer, in their use of the non-delivery complaints process, the supplier is responsible for notifying Truewines of the circumstances surrounding this occurrence within a reasonable time.
- Suppliers are responsible for activating the ‘resolved button’ when the non-delivery complaint is resolved.
- Suppliers agree to abide by the decisions of Truewines in any case where resolution is disputed.
9.0 ‘Bin Ends’ Sales
For further enquiries regarding ‘Bin Ends’ Sales please contact email@example.com
10.0 Disclaimer of Warranty and Limitation of Liability
10.1 Disclaimer of Warranty
- To the extent permitted by law, you expressly agree that all services provided by Truewines are provided “as is” and on an “as available” basis. No warranties whatsoever and all express, implied and statutory warranties including the warranties of merchantability and fitness for a particular purpose are expressly disclaimed. However, in conjunction with the Truewines Returns Policy, Truewines will provide a returns process through the Truewines website that facilitates the effective communication between suppliers and buyers if a returns issue arises.
- No information and/or advice, whether written or oral, obtained by you from or through the service shall create any warranty not expressly made therein.
- Your accessing of the Truewines service is at your own risk. The service is not warranted to be error free or uninterrupted. Truewines disclaim any warranties for the security, reliability, timeliness and performance of the service provided.
10.2 Limitation of Liability
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Truewines to you or any other person under or in connection with these Terms and Conditions of Use, or in connection with the services, this website, another users acts or omissions, or your use of or inability to use, the services or the website is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Truewines’ responsibility is excluded in respect of any and all loss of damage, whether direct or indirect , including without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
You agree to release, indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms and Conditions of Use,.
The failure by Truewines to exercise or enforce any right or provision available to Truewines under the terms and conditions of use of this agreement will not constitute a waiver of the right or provision.
10.5 Entire Agreement
These terms and conditions of use constitute the entire agreement between us with respect to the use of the Truewines service and supersede all previous conditions, agreements, commitments, representations and understandings whatsoever, whether written or oral.
10.6 Governing Law
These Truewines terms and conditions of use are governed by the laws of New Zealand and all parties submit to the jurisdiction of the courts of New Zealand.
11.0 Intellectual Property Rights of Truewines
- Truewines and its suppliers and/or licensees; own all proprietary and intellectual property rights within the Truewines website. This includes patents, trademarks, logos, icons, graphics and sound recordings and all software or other material that forms all or part of the Truewines service and/or website.
- Unless with the written permission of Truewines management, no person or persons may copy, reproduce, print, display, publish and adapt any part of the Truewines service and/or website.
- Unless with the written permission of Truewines management, no person or persons may copy, on-sell or commercialize any part of the Truewines service and/or website.