For a limited time only get 2 bottles of Memsabi for the price of 1. More info.

0

Terms of Sale

These Terms of Sale govern your purchase of Products from TK Wines Limited (trading as “Memsabi”) (referred to in these Terms of Sale as Memsabi, we, our or us) through this website (Website). By placing an order to purchase Products through this Website, you agree that your order is subject to these Terms of Sale (as current at the time of the order).

You should read and ensure that you fully understand these Terms of Sale before ordering any Products through this Website. If you do not agree with any of these Terms of Sale you must not order Products through the Website.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms of Sale, unless the context otherwise requires:

GST means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985, at the rate prevailing from time to time, including any tax levied in substitution for that tax;

Price means the price payable for Products, as displayed on the Website from time to time, and, unless specified otherwise, includes GST;

Products means the products you may order and obtain through the Website from time to time; and

you means the person (whether an individual or corporate entity) who:

(a) accesses or uses the Website; and

(b) places orders for Products.

1.2 In these Terms of Sale, unless the context otherwise requires:

(a) all monetary amounts on the Website, in these Terms of Sales or on an order for Products are stated in New Zealand currency; and

(b) includes or including (or any similar expression) is deemed to be followed by the words without limitation.

2. Orders and Contract Formation

2.1 If you order Products using the online order process available on the Website your order will constitute an offer, incorporating the then current version of these Terms of Sale, which Memsabi may (in its sole discretion) accept or decline.

2.2 All details (including Price and availability) of the Products ordered and displayed on the Website are subject to confirmation by us. We will notify you as soon as possible if we accept or decline your order or if any of the details relating to the order needs to be amended.

2.3 Any order will be effective and legally binding as an individual contract once we have confirmed our acceptance of your order or, if we notify you of any amendments to the order, once you have indicated your acceptance of the amended order as notified to you.

3. Payment and Availability

3.1 All Products offered for purchase on the Website are subject to availability. Memsabi will use its reasonable endeavours to supply the Products in accordance with your order. If for any reason Memsabi is unable to fulfil your order after it is accepted, Memsabi will notify you and will refund any payment received by Memsabi in respect of that order.

3.2 Payment of the order total for the Products must be made on placement of your order through one of the payment methods specified on the Website. Where that payment is by credit card, you will be liable for all orders placed using your credit card.

3.3 Memsabi reserves the right to amend the Price of any Product at any time (including if any Price incorrectly recorded on the Website). We will use all reasonable efforts and will take all reasonable care to ensure Products available for purchase on the Website are accurately priced. However, if the Price for a Product is incorrect due to a typographical error or error in pricing information, Memsabi will have the right to cancel any undelivered orders placed for Products listed at the incorrect Price, regardless of whether or not the order has been confirmed or payment has been received. If the order is cancelled and payment has been received, Memsabi will refund that payment.

4.0 Delivery, Title and Risk

4.1 Following Memsabi’s acceptance of an order, Memsabi may inform you of an estimated delivery date for the Products (Delivery Date). The Delivery Date is an estimate only. Provided full payment of the order for the Products has been received, Memsabi will use reasonable endeavours to deliver the Products by the Delivery Date. Memsabi will not, under any circumstances (whether in contract, tort or otherwise), be liable for delivering the Products after the Delivery Date.

4.2 Delivery will be made to the place specified in an order. Memsabi has the right to select the method of delivery and the carrier. Delivery may be made by instalments, at the sole discretion of Memsabi.

4.3 All descriptions of Products, specifications, quantities and prices of Products depicted on the Website are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only.

4.4 We will make all reasonable efforts to accurately display the attributes of the Products, including applicable colours. However, the actual colour you see will depend on your computer and we cannot guarantee your computer will accurately display such colours.

4.5 Title in the Products will not pass to you until payment has been received in full by us or our agent. You acknowledge that:

(a) these Terms of Sale create a security interest (as defined in the Personal Property Securities Act 1999 (NZ)) in our favour in any Products purchased from this Website; and

(b) we may at any time register a financing statement on the Personal Property Securities Register to protect our security interest in the Products.

4.6 Possession and risk in the Products passes to you upon delivery of the Products to your agent or carrier or upon delivery of the Products to the address supplied by you when placing an order.

5. Warranties and Liability

5.1 Subject to clause 6, to the fullest extent permitted by law:

(a) except as expressly set out in these Terms of Sale, Memsabi excludes all warranties, representations or guarantees (whether express, implied or statutory) in relation to any Products you purchase through the Website, including any warranty of fitness for any particular purpose or warranty of merchantability; and

(b) Memsabi will not be liable for any special, incidental, consequential or indirect damages or loss, loss of goodwill, data or business profits or any exemplary or punitive damages suffered or incurred by you in connection with the Products.

5.2 Subject to the provisions of these Terms of Sale, the maximum liability of Memsabi to you in relation to a Product will not exceed the Price you paid for that Product.

5.3 You acknowledge that you have made your own investigations as to the fitness of the Products for your purpose. In addition, the Products are offered for sale only to persons who can make legally binding contracts. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements for legally binding contracts) in relation to the use of the Website and the purchase of Products from the Website. By placing an order for Products you represent that you are capable of making a legally binding contract and that the products will be used in a lawful manner.

6. Consumer Guarantees Act

Nothing in these Terms is intended to limit or replace any rights you have under the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act (FTA), provided that if you are acquiring the Products in trade the provisions of the CGA and sections 9, 12A, 13 and 14(1) of the FTA will not apply to the supply of the Products to you.

7. Product Return Policy

7.1 Subject to clauses 6 and 8, to the fullest extent permitted by law, Memsabi will not accept Products for return unless:

(a) they have been damaged during delivery, were not received by you in full working order, have been double-delivered or mistakenly supplied; and

(b) the Products are returned to Memsabi, correctly packaged in their original carton, within 14 days of receipt by you.

7.2 If Memsabi is satisfied (when Memsabi examines the Product) that the Product has been damaged during delivery to you or were not received by you with defects, Memsabi will, at its option and as your sole and exclusive remedy, replace the Products or provide a refund of the Price for the Products.

8. Promotions and Money back guarantee

We may, from time to time, offer promotions in relation to the Products and our services. In such case, these Terms of Sale will apply to those promotions except to the extent that the specific terms and conditions of that promotion are inconsistent with these Terms of Sale in which case those specific terms and conditions will apply. If the Products you have received do not meet your reasonable expectations, Memsabi will provide a refund of the Price for the Products, provided that the Products are returned to Memsabi within 14 days of receipt by you.

9. Website Terms of Use

The Terms of Use govern general use of the Website. These Terms of Sale form part of the Terms of Use. By accepting these Terms of Sale you confirm your continued acceptance of the Terms of Use.

10. Privacy Policy

Our Privacy Policy governs the collection, use, storage and disclosure of personal information by Memsabi. The Privacy Policy forms part of the Terms of Use.

11. WAIVER

If we delay or do not exercise any of our rights or remedies under these Terms of Sale, that will not be a waiver of the right or remedy.

12. SEVERABILITY

If any provision of these Terms of Sale is held to be invalid, void, unenforceable or illegal for any reason, such provision will be deemed to be severed from these Terms of Sale and the remaining provisions shall continue in full force.

13. Governing Law

These Terms of Sale are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters or disputes connected with these Terms of Sale.

14. Amendments

We may amend these Terms of Sale from time to time by including an updated version on the Website (but, unless you agree otherwise, no such amendment will apply in respect of any order placed prior to the updated version of these Terms of Sale being posted on the Website).

Last updated: 9 February, 2021