Terms and Conditions
In these Terms, references to ‘we’ or ’us’ refer to Ferment Limited Wine Merchants, 2 Cobham rd., Kerikeri, Northland, New Zealand.
To comply with licensing and other legislation, the Ferment web site is ONLY selling liquor to persons of 18 years or over. By using the site, you agree that you’re over 18 years old. If you are not, you must not use the site. Any breach or failure of such warranty resulting in action against Ferment shall be fully indemnified by the customer.
Some parts of the Ferment web site may require you to register an account with us to access additional information or to purchase products. By registering for an account, you agree that:
All personal information is accurate at the time of registering that account.
You will notify us if any information changes.
You shall not impersonate any other person. Please bear in mind it is a legal requirement to be over the age of 18 to purchase alcohol within New-Zealand.
All products and services are subject to availability. Wine is a seasonal product and runs out from time to time. We may substitute these products with a different vintage or an alternative or greater value product. In this case, we will always contact you before to proceed with your order.
Please note that reviews and images of products on our site are for descriptive and illustrative purposes only. Your products may vary slightly from those images.
We will not be liable for loss or damage due to the handling by customers. In particular we will not be liable for spillages or breakages. Please be aware that:
- Alcohol should be consumed in moderation.
- Red wine in particular can cause staining on fabrics.
- Extra care should be taken when removing the cork of Champagnes and sparkling wines.
- A case of wine can be heavy so when lifting it, extra care should be taken.
- All prices are in NZ dollars and include GST.
- Website orders can be shipped to a NZ address only and not postal addresses.
Pricing and orders
All prices are in NZ dollars and include GST. Any delivery charges are additional unless otherwise specified.
Any discounted prices will be clearly listed. We reserve the right to amend prices without notice in the event of currency fluctuations, changes in rate of GST or other taxes or other market conditions.
We reserve the right to alter prices, offers, goods and specifications of goods at any time and all goods will remain the property of Ferment until payment has been confirmed.
When you visit Ferment or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Ferment permits you to access and make personal use of this site but no portion of it may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Ferment.
Ferment and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
License and site access
Ferment grants you a limited license to 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 Ferment. 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 Ferment. 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 Ferment and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ferment’s name or trademarks without the express written consent of Ferment. Any unauthorised use terminates the permission or license granted by Ferment. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Ferment so long as the link does not portray Ferment, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ferment logo or other proprietary graphic or trademark as part of the link without express written permission.
Review, comments, communications, and other
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Ferment reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Ferment and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ferment and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ferment or its affiliates for all claims resulting from content you supply. Ferment has the right but not the obligation to monitor and edit or remove any activity or content. Ferment takes no responsibility and assumes no liability for any content posted by you or any third party.
Disclaimer of warranties and limitation of
THIS SITE IS PROVIDED BY FERMENT ON AN "AS IS" AND "AS AVAILABLE" BASIS. FERMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FERMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FERMENT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FERMENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FERMENT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting Ferment, you agree that the laws of New-Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Ferment or its affiliates.
Any dispute relating in any way to your visit to Ferment or to products you purchase through Ferment shall be submitted to confidential arbitration in Kerikeri, New-Zealand, except that, to the extent you have in any manner violated or threatened to violate Ferment’s intellectual property rights, Ferment may seek injunctive or other appropriate relief in any court in New-Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site policies, modification, and severability
Please review our other policies, posted on this site. These policies also govern your visit to Ferment. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Where possible we deliver throughout New Zealand. Our deliveries are made by trusted third party carriers. Deliveries do not require a signature and if you are out when the delivery is made, the delivery driver will leave a card explaining how to arrange a re-delivery. You should keep your delivery note and any packaging if any order is missing or damaged.
Please find below the shipping costs (cost is per case excluding GST). If you need any further information on your shipping requirements please feel free to contact us.
Delivery costs are calculated on a 12-bottle carton or part thereof. Delivery charges are calculated in the shopping cart. Please ensure you choose the correct delivery region and area code.
- Local $5.00
- Auckland North $8.00
- North Island – South of Auckland $10.00
- South Island $20.00 (Minimum spend $180.00)
- Rural Delivery Add $6.00 per case
Expected delivery times are 1-5 working days depending on the destination. Delivery times may however be extended during busy seasonal periods due to heavier demand. Delivery times may also be delayed due to public holidays and over the Christmas/New Year period. We will advise if there will be any delay due to products being unavailable.
Note for delivery outside of the Kerikeri Delivery Area (see below) we use national courier companies and the delivery regions are defined by them.
We have an 18kg weight limit on each case/carton. Some heavier bottles such as sparkling wines and Champagnes may exceed this limit for the usual case amount of 12 bottles. If this is the case, we will contact you and you may adjust your order quantity to reduce the weight, otherwise we will pass on the excess weight charge.
$6.00 per case (up to 12 bottles) on top of standard delivery rate. Deliveries are undertaken by Rural delivery contractors. Rural delivery addresses are those as defined by NZ Post. Please allow extra time for these deliveries.
We do not ship to an overseas address for orders placed on our website. However, we can arrange for overseas delivery through a third-party provider. Please contact us directly for rates to your country (if available).
At Ferment, all the wines we purchase must meet our own high standards. If for any reason you are unhappy with your purchase, do not hesitate to email us at firstname.lastname@example.org and we will look to remedy the problem immediately.
- If you have purchased wine from us and it is not to your taste, we will replace the remaining unopened bottles in good condition with undamaged capsules and labels.
- Faulty wines (corked, oxidised etc) will be replaced where possible, otherwise refunded.
- For Picking errors or goods damaged in transit, contact us within 48 hours so that we can replace or correct. Please keep the damaged bottles as we will need those to discuss the incident with our couriers.
CANCELLATION & REFUND:
If for any reason you need to cancel some or part of your order you must contact us immediately on 09 945 6599 or email email@example.com to provide us with the details. We will do our best to accommodate your needs. Refunds will be made by the same method used to originally make payment.