Terms of Trade

  1. Acceptance and Application of Terms
    • The following terms and conditions (the “Terms”) apply to all contracts for the supply of Goods by Bostock New Zealand Limited (“Bostock Wines”) to a purchaser of such Goods (the “Purchaser”).
    • Bostock Wines may vary or replace the Terms from time to time and will publish the revised terms on our Website.
    • By making a purchase from our Website, you agree to be bound by these Terms.
  1. Goods
    • The Goods shall be as described on the relevant order form provided by Bostock Wines to the Purchaser, including through the Website.
    • Bostock Wines holds a current alcohol licence under the Sale and Supply of Alcohol Act 2012 (New Zealand) to sell the Goods.
    • The Goods (where they include alcohol) are only available for purchase by Purchasers who are at least 18 years of age. By purchasing the Goods, the Purchaser confirms that he/she is at least 18 years of age.
    • Bostock Wines shall not be liable to any Purchaser where that Purchaser falsely confirms to Bostock Wines that he/she is at least 18 years of age.
  1. Price And Payment
    • All Prices are in New Zealand dollars and are inclusive of GST unless otherwise stated.
    • The Price shall be Bostock Wines current advertised price for the relevant Goods and as specified in the order form generated by Bostock Wines in respect of the Goods purchased.
    • Payment for the Goods shall be made in full upon submitting an order form to the Seller, including through the Website.
    • We reserve the right to change our prices without notice. No adjustments are made if the Price of Goods changes between the time the order is made and the time those Goods are delivered.
    • If you pay by credit card, you agree to indemnify us against any default by your credit card company to make payment to us in full.
  1. Delivery
    • Bostock Wines will arrange for delivery through third party providers. Such providers may require identity verification and/or signature for delivery of the Goods. The Purchaser agrees to comply with any specific delivery requirements of Bostock Wines’ provider.
    • Orders received by 5pm (New Zealand time) on a Business Day will be processed that day. Goods will be dispatched within 1-2 Business Days of the date the order is processed.
    • Delivery times will vary depending on the Purchaser’s delivery address and the third party provider’s delivery timeframes. Bostock Wines will use its best endeavours to ensure the Goods are delivered within a reasonable timeframe.
    • Delivery of the Goods shall take place when the goods are delivered to the address nominated by the Purchaser.
    • All costs relating to delivery are in addition to the Price and are as specified in the relevant order form. All delivery costs shall be met by the Purchaser and will be payable at the time of payment for the Goods.
  1. Product Availability
    • All Goods are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply Goods to you where they are not presently available or where our stock of the relevant Goods has been exhausted.
  1. Risk and Title
    • Risk in the Goods passes to the Purchaser on delivery of the Goods.
    • Title in the Goods shall pass to the Purchaser upon payment in full for those Goods (including all applicable taxes and delivery costs).
  1. Returns
    • If the Goods delivered are broken or damaged the Purchaser must advise Bostock Wines within 5 Business Days of delivery and, unless such damage is due to the action or inaction of the Purchaser, Bostock Wines will replace the Goods or refund the Price for those Goods (at its discretion).
  1. Privacy
    • Bostock Wines will access, collect, retain and use personal information about Purchasers in accordance with our Privacy Policy, which is published on our website.
    • The Purchaser consents to receiving emails from Bostock Wines in relation to any goods being offered by Bostock Wines.
  1. Intellectual Property
    • All right, title and interest in all intellectual property in all concepts, systems, written, graphic and other material related to the Goods and the Website is owned by (or licensed to) Bostock Wines.
    • Nothing in these Terms shall constitute any licence of or rights to such intellectual property to the Purchaser.
  1. Exclusions and Limits of Seller’s Liability
    • The Purchaser acknowledges that Bostock Wines does not provide any express guarantees in relation to the Goods.
    • Where the Purchaser is a Consumer, he or she is entitled to the benefit of certain implied guarantees and protections under and in accordance with the Consumer Guarantees Act 1993 and these Terms are to be read subject to that Act in respect of such Consumers.
    • If the Purchaser is acquiring, or holds itself out as acquiring, the Goods for the purposes of a trade or business, the Purchaser acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by Bostock Wines to the Purchaser.
    • The Purchaser shall keep from harm and indemnify Bostock Wines against all claims made by third parties against Bostock Wines in connection with the on-sale of the Goods by the Purchaser where such claims arise from any action, inaction or negligence of the Purchaser.
    • The Purchaser must use the Goods for their intended purpose and in accordance with any product description or instructions. Bostock Wines will not be responsible for any damages resulting from the Goods where the Purchaser does not use the Goods in accordance with this clause 10.5.
    • In the event that Bostock Wines is found to be liable to the Purchaser in connection with the supply of the Goods, then, subject to clauses 7.1 and 10.2, the remedy of the Purchaser shall, to the extent permitted by law, be limited to damages which under no circumstances shall exceed the Price of the Goods.
    • To the extent permitted by law, Bostock Wines shall be under no liability whatever to the Purchaser for any indirect loss or expense (including loss of profit) suffered by the Purchaser arising out of a breach by Bostock Wines of these Terms.
  1. General
    • If any provision of these Terms shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • The Terms shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
    • The Website is provided for use by New Zealand residents. We make no representations that the Website or these Terms complies with the laws of any country outside of New Zealand. If you access the Website from outside New Zealand, you do so at your own risk and you are responsible for complying with the laws I the place where you use the Website when purchasing Goods.
    • Bostock Wines shall not be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of Bostock Wines.
  1. Definitions and Interpretation
    • “Business Day” means a day, other than a Saturday or Sunday on which registered banks are open for business in Hawke’s Bay, New Zealand.
    • “Consumer” has the meaning ascribed to that term in the Consumer Guarantees Act 1993 but for the avoidance of doubt does not include a person who has provided the acknowledgement in clause 8.3 above.
    • “Goods” means bottled wine and other products being purchased by the Purchaser from Bostock Wines.
    • “Price” means the price payable for the Goods.
    • “Website” means the website bostockwines.nz maintained by or on behalf of Bostock Wines.
    • “You” or “your” means the Purchaser.
    • “Us”, “we” or “our” means Bostock Wines.