Welcome to Kemp Wine Merchants / GREAT LITTLE VINEYARDS.COM, a New Zealand owned and operated company that is the trading name of Kemp Roberts McCallum, which is registered with the New Zealand Companies Office.
The service provided by Kemp Wine Merchants is intended to provide a safe, convenient and competitively priced online market environment where people, who are passionate about fine and rare wines can view, browse and buy in complete security and at their own leisure.
1.0.1 Terms and Conditions of Use
Any reference on this site to either Kemp Wine Merchants or KWM or www.greatlittlevineyards.com or the use of the term “us” and “we” all refer to, represent and define the website www.greatlittlevineyards.com
1.0.1 Acknowledgement and Acceptance of Terms and Conditions of use
This agreement is important. You should ensure that you have read it thoroughly prior to purchasing any products on our website and retain a copy of these terms and your order for future reference. These terms and conditions apply to all wines, spirits or other goods or services supplied by Kemp Wine Merchants to you.
By using the services offered by Kemp Wine Merchants 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 Kemp Wine Merchants’ services.
1.0.2 Amendments of Terms and Conditions of Use
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Site. Any and all amendments and alterations will be effective immediately once update is made. If you continue to use this site after any update or amendment you are deemed to still agree and to be bound by the altered and amended terms and conditions.
1.0.3 Supply of Liquor to Minors
We operate under a New Zealand Liquor License.
Under New Zealand Law, you must be 18 years of age or over to purchase alcohol in New Zealand and to order any wine featured or promoted on this site.
When you, the consumer, submit an order for wine or spirits using this site you legally confirm you are 18 years of age, or over. If you live outside of New Zealand, you must ensure you comply with all regulations and laws pertaining to age and the purchase of alcohol in the country in which you reside. Kemp Wine Merchants cannot and will not accept responsibility for any consequences if you, the consumer, illegally submit an order because of age violation or payment fraud. You are required to confirm that you are 18 years of age or over on the order form. By this declaration you fully indemnify Kemp Wine Merchants and any featured merchant, winery or distributor against any breach or omission of such a confirmation, which may result in legal action being taken against Kemp Wine Merchants and any winery or distributor.
1.0.4 Product Availability
All products are supplied directly from our warehouse. All offers that Kemp Wine Merchants lists through our website are subject to stock availability and by nature are strictly limited and exclusive. These special offers are only available for short periods and to avoid disappointment we suggest you, the consumer, buy when you see a product you like. In the event that we are unable to supply products in the quantities specified in your order you may elect to cancel or vary your order by agreement with us.
1.0.5 Price and Availability
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.
We are required to automatically charge and withhold the applicable GST for orders to be delivered to addresses within New Zealand. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state or country.
On the website we list Estimated Retail Price (ERP) to show what the product would sell at in a retail environment and we advertise this on Kemp Wine Merchants as it is supplied by the suppliers selling products which are advertised for sale on the site. We try to ensure that the ERP and product information are correct at all times but Kemp Wine Merchants cannot and will not accept any liability or responsibility if any of the information is not accurate.
We reserve the right to vary prices without notice.
Product prices are quoted exclusive of transit costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price. These prices however, as stated above, exclude local taxes and duties in the country into which the items are being shipped. These are payable by the purchaser in their country of origin.
In the event that computer error results in a material misstatement of the price of your order we may, prior to your receipt of the order or at any time thereafter, require that you pay us the different between the amount actually paid by you in respect of your order and the correct amount payable.
In the event that we become aware of any misstatement prior to delivery, we will make reasonable endeavours to contact you and advise you accordingly. You may elect to cancel your order to the extent of the misstatement.
1.0.6 Payment Terms and Invoicing
You must pay us in full and in cash or by credit card (as applicable) at the time that you submit your order.
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.
1.0.7 Cancellation, Return and Replacement
After we have accepted your order for the products, you may not cancel the order without our consent;
We will not consent to cancellation if we have processed documentation in fulfillment of your order;
Returns for credit will be given at our discretion. The cost of return is your responsibility;
In the event that we consent to cancellation, we may require you to pay a minimum handling charge of $20.00 exclusive of GST per case or part thereof or a maximum of 15% of the total value of your order.
1.0.8 Delivery and Transit
Kemp Wine Merchants uses third party carriers for the transportation of all goods both nationally and internationally.
We will use our best endeavours to dispatch orders no later than two business days after the day your order is received by us and you have received confirmation of your order from us via email or equivalent. We are not responsible for any failure to deliver or delay in delivery caused by any event outside of our reasonable control.
In the event that we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered unless we have contacted you and you have agreed to delivery at a later date.
Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).
We reserve the right to charge for re-delivery of orders that have not been completed due to incorrect address information being supplied by the customer. Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
If your delivery has been damaged in transit by the carrier, we will refund payment in full or replace the stock (subject to availability) but only after payment has been received from the Freight Company insurer. Any client of Kemp Rare Wine Merchants is free to use their own carrier for collection from our storage facility. Please note that damaged goods must be reported within 48 hours of delivery.
If your order has been packed incorrectly and is not what you have been invoiced for, we will put it right for you. Please note that packing errors must be reported within 48 hours of delivery.
Nothing in these terms entitles you to return the products as being surplus to your needs, or for any other reason other than set out herein.
Customers are requested to carefully check all goods at the time of delivery. The delivery or carrier’s note should be signed noting any shortages or breakage
Should a client be buying wines to on-sell at a higher price and a breakage occurs, Kemp Wine Merchants is only responsible and liable for the purchase price of the stock, no claim can be made against lost profit or unrealised gain.
Kemp Wine Merchants is only liable for refunding the purchase price plus freight of any stock ordered. Kemp Wine Merchants is not responsible for the payment of any collection fees a buyer should incur in getting their funds returned or for any lost profit on stock on-sold by buyers before they have the goods in their possession.
This website may contain hyperlinks to websites and information sources operated by third parties. Such hyperlinks are provided for your reference and convenience only and your use of these sites may be subject to terms and conditions posted on them. . These external information sources are outside the control of Kemp Wine Merchants and inclusion of hyperlinks to such websites does not imply any endorsement of the material on such web sites.
Kemp Wine Merchants does not in any respect warrant any third party products or services by virtue of any information, material or content referred to or linked from or to the Kemp Wine Merchants website.
Under no circumstances shall Kemp Wine Merchants be liable for any loss or damage caused by your use or reliance on information obtained through third party websites.
1.0.1 Disclaimer relating to site content and access to products:
KWM presents all information on this site in good faith and believes it to be correct and accurate as presented to KWM at the date it was submitted. KWM make no warranties or representations about the accuracy and/or completeness of any information on this website and the content of KWM or any website hyper-linked to or from this website. Nor does KWM undertake to keep the website updated, and KWM will not be held liable for any claim, damage or loss expense suffered as a result of any information presented on this website or any hyperlinked site resulting from it not being accurate or updated as to content. It is you, the consumer, responsibility and you must take your own steps to ensure that the process you have undertaken and which you employ for accessing this website does not expose you, the consumer, or the website, to the risk of viruses, known or unknown or any other form or forms of interference which may damage or interfere with your specific electronic equipment, namely your personal or work computer system, and any connected electronic items. KWM does not accept responsibility for any alteration, interference or damage to your computer system arising out of or relating to your use of this website or any hyperlinked website that may be linked to or accessed through KWM or other websites. Information you, the consumer, transmit to KWM or that is transmitted through a secure internet system where all reasonable steps to ensure the security of this information have been taken. It is viewed as a serious issue but we cannot, and do not, warrant that all information is accurate all the time. KWM has taken all reasonable steps to ensure accuracy and security.
1.0.2 Disclaimer of Warranty
a. To the extent permitted by law, you expressly agree that all services provided by KWM 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.
b. 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.
c. Your accessing of the KWM service is at your own risk. The service is not warranted to be error free or uninterrupted. KWM disclaim any warranties for the security, reliability, timeliness and performance of the service provided.
1.0.3 Limitation of Liability
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of KWM 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. KWM’s 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.
1.0.4 Release and Indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against KWM, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
You hereby agree to indemnify and defend KRM, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax including GST, liability and/or expense that may be incurred by KRM its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these terms and conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold KWM, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of the Website or other services, the breach of these terms and conditions, or the infringement of any intellectual property or other right of any person.
The failure by KWM to exercise or enforce any right or provision available to KWM under the terms and conditions of use of this agreement will not constitute a waiver of the right or provision.
1.0.6 Entire Agreement
These terms and conditions of use constitute the entire agreement between us with respect to the use of the KWM service and supersede all previous conditions, agreements, commitments, representations and understandings whatsoever, whether written or oral.
1.0.7 Governing Law
These KWM 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. KWM is operated, controlled and run from New Zealand. We make no suggestion, representation, guarantee or warranty that the material in this website is deemed appropriate or should be available for use in other countries outside New Zealand or, that material such as on the website satisfies the laws of other countries. If you, the customer, choose to gain access to this website from other countries that are outside New Zealand you do so as a result of your own choice, action and initiative and they are responsible for ensuring that your actions and access to this website is in no way illegal or restricted and prohibited and that you are compliant with applicable local laws as to where they are based. All products bought by you in response to any advertisement, promotion or feature on this website are subject to any and all export control laws, and regulations, of the country of New Zealand.
1.0.8 Website Access
KWM grants you access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KWM. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KWM. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KRWM and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing KWM name or trademarks without the express written consent of KWM. Any unauthorised use terminates the permission granted by KWM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KWM so long as the link does not portray KWM, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KWM logo or other proprietary graphic or trademark as part of the link without express written permission.
1.0.9 Website Fraud
KWM is committed to reducing fraud. Our policy is that we will prosecute any cases of fraud that we identify. Should any transaction be completed on the Website using a stolen credit card, we will co-operate with the relevant authorities to prosecute the offender.
1.1.0 Website Mailing List
KWM offers all Registered Members the option to join our mailing list. Subscription to this service is optional and free.
If you belong to our mailing list, we will send information about events, specials, new features, services & products available through the Website. This is intended to keep you up to date with our Website, and to make your wine collecting, storing and trading experience easier. Should you no longer wish to receive this information, there is an option to unsubscribe from our mailing list from within the secure area of the Website. You may unsubscribe at any time.
It is our policy to actively remove old email addresses and domains that consistently send failure messages to our email servers. Therefore, we request that you to keep your contact information up to date. KWM reserves the right to unsubscribe Registered Members from our mailing lists, without reason or notice.
1.1.1 Intellectual Property Rights
We own, control or have the right to use and provide the website and all content on the website, including text, images, articles, photographs, illustrations, audio and video clips. You may electronically reproduce and store the content of the website solely for the purposes of viewing, using the services or saving website content, for your own personal use.
Unless you have written permission you may not, in any like form or, in fact, by any other means, copy, translate or modify, save or store in memory or distribute or reproduce any component or part of this website without written permission of KWM and this includes the look, tone and feel of the website. Access to this site is provided for personal and non-commercial use.
Any infringement of our intellectual property rights will be fully enforced under New Zealand law.
1.1.2 Location, Jurisdiction and Disputes
KWM is operated, controlled and run from New Zealand. We make no representations that the website 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 in the place where you use the website when purchasing products online.
These Terms and Conditions will be subject to the laws of New Zealand. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the New Zealand.
1.1.3 Force Majeure
No party shall be deemed to be in breach of these terms and conditions (other than any obligation to pay money) by reason of any delay in performance or non-performance to the extent that such delay or non-performance is due to causes beyond its reasonable control (including, but not limited to, any strike, lock-out or other form of industrial action, acts of God, war, riot, fire, flood or storm) and the party concerned has acted and continues to act reasonably and prudently to prevent and to minimise the effect of such causes.
1.1.4 Investment risk
Everyone’s circumstances differ and what may be a good investment for one person will not be appropriate for another. Nothing on this web site constitutes investment advice. If you are considering investing in wine, you should also consider getting independent, personalised advice. You should also remember that past changes in the value of wine do not indicate how the value may change in the future
KWM is committed to protecting the privacy of its customers and acts in accordance with the New Zealand Privacy Act 1993. Any details you supply to us will be safely stored in our database. We will not hold, sell, transfer, assign or rent your customer information to any third party other than our business partners, without your permission or unless required by law.
The Office of the Privacy Commissioner (http://www.privacy.org.nz) provides further details of the New Zealand Privacy Act and how it protects personal information in New Zealand.
1.1.6 Membership Registration
The KWM registration form requires that you fill in information which we deem to be private. Your contact information will only used to contact you if we deem it necessary. KWM does not disclose your personal identification to third parties; except where we believe release is appropriate to comply with law; enforce or apply our terms and conditions; or protect the rights, property, or safety of KWM, or others.
1.1.7 Password Control
KWM users are responsible for keeping their user name, email address and password confidential. Any transaction made with a user’s KWM details is the responsibility of that user. Any commitment made with a user’s KWM details is the responsibility of that user. Please do not share any of your KRWM details including user name and password with any other party. KWM assumes no responsibility for any actions taken due to user indiscretion or negligence with regard to their user details.
1.1.9 Removal of Membership
If for any reason you wish to have your registration cancelled, simply email KWM with your username, and from your registered email address, and your registration will be voided.
1.2.0 Information Collected
As part of our operations we may gather certain types of information about the users of our sites:
1.Personally Identifiable Information. This is provided by you when you register for services that we may offer. Examples of these services could include email newsletters or competitions). Providing this information will always be optional for you. However, some services may not be available to you if you chose not to provide it.
2.Aggregated Data. This information is generated by our systems as they track traffic through our sites. This information does not identify you personally and is not linked to the personally identifiable information that you may have provided.
1.2.1 Who we Share this Information With
We will not share the information that we collect with any third parties apart from in the following circumstances:
The information may be hosted with a service provider. Our agreements with them protect the information that we collect from any use by them that we have not authorised.
- We do employ third party service providers to perform various functions on our behalf. Examples include fulfilling orders and delivering your wine. These service providers have access to the personal information they need to perform the service, but may not use it for other purposes.
- Your personally identifiable information may be shared with third parties when we believe in good faith that we are required to do so by law.
- If we have asked your prior permission (which we would usually do at the time of collection), we may share the information with specified third parties.
Except where the law permits or unless you specifically agree, KWM does not sell or rent your personal data to others outside KWM. We do not share or sell our customer list to any third party.
1.2.2 What we do with the Personally Identifiable Information
KWM collects and uses your information to administer, support, improve and obtain feedback on our services and to detect and prevent faults, breaches of our network security, the law or our contract terms
We have collected this information in order to provide the best possible service to you while you are visiting our site. To this end we may use the information that you provide for the following purposes:
- To verify your identity if you need help with a forgotten password or you are having login problems with one of our site services.
- So we can advise our customers of any new offers that KWM feels may interest them.
- For any marketing, promotional, publicity, direct marketing or market research that we might undertake including website reporting and analysis
- To help us improve the site with the aim of making your online experience with us easy and enjoyable.
- For any other purposes for which you have given permission.
N.B. KWM does not store data with regards to customer credit card information.