Terms and Conditions


Licence: Kiwi-Oeno Limited (t/a Blank Canvas Wines), 52/OFF/009/2017, Expiry 26th April 2020. View Licence.

Our online store is for New Zealand-based customers only. Customers residing outside of New Zealand must please refer to our distributors page for your nearest point of contact.

The purchaser and receiver of any wine purchases on this site MUST be aged 18 years or over.

Definitions

“Customer” – Any person or entity who orders products whether online or offline.

“Blank Canvas Wines” – Kiwi-Oeno Limited t/a Blank Canvas Wines

“Product” or “Products” – Products offered on the Blank Canvas Wines 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 Blank Canvas Wines “The website” – Blank Canvas Wines Website for New Zealand Orders.

Application of Terms and Conditions

(a) These terms and conditions apply to any contract between Blank Canvas Wines 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) Blank Canvas Wines may vary these terms and conditions at any time without notice.

Licensing/Sale of Liquor Act

(a) Blank Canvas Wines warrants that it is the holder of an ‘off’ licence as defined in the Sale and Supply of Alcohol Act 2012, and as such is legally authorised to promote and deliver wine for sale by remote sales. The off-licence is detailed at the beginning of this document.

(b) The customer warrants that they comply with all the conditions imposed in the Sale and Supply of Alcohol Act 2012 as to fitness to purchase including that they, or the recipient of a gift sent through the Blank Canvas Wines online store platform, are aged 18 years or over. Proof of age may be required to be produced on delivery.

Privacy Policy

In completing and submitting an order for products, you will be providing us with personal information. Your information and any other personal information that you may provide to us will be held by us in accordance with our Privacy Policy, and will be used for management purposes, to process your order (and any future orders you may make), to enforce any legal or other rights we may have against you in any manner that we see fit, and to keep you informed about new products, specials and other information that may be of interest to you, including without limitation via electronic messages. If the information is not provided your order may not be processed. You have rights of access to, and to request correction of, your personal information. To do so contact Blank Canvas Wines at sales@blankcanvaswines.com.

Shipping Details

Ordering Online

(a) Orders may be placed by using the online shopping platform.

(b) Blank Canvas Wines may, in its absolute discretion, refuse to fulfill an order by a customer. Blank Canvas Wines cannot be required to provide its reasons for doing so.

(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 3 579 2024 or email us on sales@blankcanvaswines.com.

Ordering Offline or via Email

(a) Orders may be placed offline by phone – phone orders can be made by calling +64 3 579 2024.

(b) Orders may be placed via direct email – sales@blankcanvaswines.com 

Delivery

(a) Product(s) will be delivered by courier to the customer or the delivery address specified by the customer. Blank Canvas Wines 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 Blank Canvas Wines is unable to deliver a product(s) to the customer’s address or the delivery address by courier the customer agrees that Blank Canvas Wines 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) Blank Canvas Wines shall take all reasonable steps to make deliveries in New Zealand within 5-10 working days. However the customer acknowledges that Blank Canvas Wines’ 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. Blank Canvas Wines 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) Blank Canvas Wines is not liable for failure to deliver within a reasonable time where that failure has been due to causes beyond the control of Blank Canvas Wines.

Title/Risk

Both title and risk in the product(s) shall pass to the customer once the product(s) is dispatched from Blank Canvas Wines.

Guarantee of Quality

(a) Blank Canvas Wines guarantee the product(s) will be delivered in good quality and condition. Where the customer is able to satisfy Blank Canvas Wines that the delivered product(s) was not in good quality or condition at the time of delivery Blank Canvas Wines agrees to replace the product(s) and/or refund the purchase price (subject to (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 Blank Canvas Wines within 3 days from delivery, and replacements are at the discretion of Blank Canvas Wines.

Security

(a) Blank Canvas Wines will take all reasonable steps to prevent any unauthorised entry into the Blank Canvas Wines data-base. However, Blank Canvas Wines 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 Blank Canvas Wines.

(b) The measures Blank Canvas Wines 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) Blank Canvas Wines 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.

Privacy

(a) The customer authorises Blank Canvas Wines to collect information about the customer from any relevant source (including the on-line forms).

(b) Blank Canvas Wines 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 Blank Canvas Wines’ contractual rights against the customer for promoting Blank Canvas Wines’ activities.

(c) The customer acknowledges that Blank Canvas Wines will provide its employees and/or agents with the customer’s personal information to enable Blank Canvas Wines to deliver products to or on behalf of the customer.

(d) Blank Canvas Wines will provide the customer with access to the information held by Blank Canvas Wines in relation to that customer.

(e) Blank Canvas Wines 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 paragraph (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 Blank Canvas Wines, the customer acknowledges that there may be limited numbers of each type of product available.

(b) Blank Canvas Wines reserves the right to restrict the numbers of products available to an individual customer when available quantities are limited. Blank Canvas Wines will give preference to those customers with regular standing orders.

(c) Blank Canvas Wines will advise the customer of its inability to fulfil the customer’s order as soon as reasonably possible.

(d) Blank Canvas Wines 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 when ordering (if ordering by phone or email).

Price

(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.

(b) Blank Canvas Wines 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.

Payment

(a) Blank Canvas Wines proposes that payment may be made either by credit card (VISA /MASTERCARD/AMEX/DINERS), Direct Debit or Cheque. When placing an order for an account the customer will be required to indicate their preferred method of payment.

(b) Blank Canvas Wines reserves the right to require an alternative method of payment to the customer’s preferred choice.

(c) Blank Canvas Wines reserves the right to vary the method of payment by a customer for any reason.

Refunds

Blank Canvas Wines 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 Blank Canvas Wines.

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 closure

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.

Warranties

(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 Blank Canvas Wines in relation to product available for purchase on the website.

(b) The customer expressly acknowledges and agrees that Blank Canvas Wines has no obligation or liability for any advice given concerning the products and they are accepted by the customer at the customer’s risk.

Intellectual Property

All right, title and interest in any intellectual property in relation to all aspects of the Blank Canvas Wines website and its elements shall at all times remain the property of Blank Canvas Wines.

Force Majeure

Blank Canvas Wines may be excused from its obligation to a customer if Blank Canvas Wines is prevented from performing its obligations by an occurrence of Force Majeure.