Terms of Use
Terms of Use
This website (Website) is owned and operated by Constellation Brands New Zealand Limited ABN 79 401 895 093 (Constellation Brands). Your use of this Website and any products you order from us is governed by these terms and conditions (Terms) and our Privacy Policy. By accessing, browsing and using this Website, you agree to be bound by these Terms and the terms and conditions, and policies, referenced herein and/or available by hyperlink (Additional Terms).
Any references to ‘we’, ‘our’ or ‘us’ in these Terms are references to Constellation Brands.
IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY AND THE ADDITIONAL TERMS.
1. RIGHT TO USE THIS WEBSITE & OBLIGATIONS
1.1. You must be 18 years or over to access, browse and use this Website.
1.2. You may access, view and print the content on this Website only for informational and non-commercial purposes. No part of this Website may be distributed or copied for any commercial purpose. You must not do any thing which may interfere with or disrupt this Website, infringe the intellectual property rights of any person or which may be unlawful, harmful, illegal or fraudulent.
1.3. You must provide complete, accurate and up-to-date contact and account related information for all purchases made through this Website.
1.4 Constellation Brands reserves the right to alter, suspend or remove this Website temporarily or permanently, at any time, or to deny you access to this Website for any reason and without notice.
2. CONTENT
2.1 Constellation Brands endeavours to ensure that any information on this Website is current, accurate and has been compiled in good faith. Constellation Brands will endeavour to correct any errors on this Website, but does not accept any liability for mistakes or out-of-date information.
2.2 Constellation Brands endeavours to ensure the images on this Website are accurate representations of our products. However, what you see will vary depending on your monitor and computer equipment. We cannot guarantee that the product images are an exact representation of the actual products.
2.3 We may limit the sales of our products to any person and we may decline or refuse to satisfy any order placed with us.
3. THIRD PARTY SITES & HYPER-LINKING
3.1. All links and references to other websites, are provided for your convenience only, and should not be taken as endorsement by Constellation Brands of those websites, or of the information contained in those websites, or of the organisations or people referred to in those websites. If you have any comments or questions relating to any websites linked to this Website, please direct them to the relevant person or organisation referenced in the linked website. Constellation Brands does not (whether by implication or otherwise) endorse in any way any website, organisation or person who may have off-site links to this Website.
3.2. You may not link any site to this Website, without Constellation Brands’ prior written consent. Constellation Brands reserves the right to prohibit links to this Website and you hereby agree to remove any link immediately upon request from Constellation Brands. You may not frame any material on this Website by including advertising or other generating material.
4. INTELLECTUAL PROPERTY
4.1. All intellectual property on this Website, including (without limitation) text, graphics, look and feel, data images, logos, trade marks, trade names, copyright works and any underlying software and computer codes, is owned or licensed by Constellation Brands, its owners or licensors.
4.2. Content and data provided on this Website may not (except as expressly provided in these Terms) be published, resold, reformatted, copied, reproduced, modified, incorporated into any other work or publication, in any form, transmitted or stored (including in any other website or other electronic form) without Constellation Brands’ prior written consent.
4.3. Nothing in these Terms grant to you any licence or right to use any trade mark of Constellation Brands.
5. TRANSACTIONS
We may require that you open an account and that you create a username and password in order to use this Website to purchase products from us. You must keep your account username and password details confidential and secure at all times, and must not allow any other person to use your account, including any person under the age of 18. You are solely responsible for all activity that occurs on your account and must notify us immediately if you become aware of any unauthorised access to or use of your account. Our Terms and Conditions of Sale (which can be found here) govern any purchases you make from this Website.
6. COOKIES
Constellation Brands uses cookies on this Website to tailor information and services for visitors to it, to help with navigation and to ensure that Constellation Brands is able to provide improved service. A cookie is a small data file sent to your browser which contains information relating directly to your visit to this Website. Cookies track your movements through different websites; they do not record any other personal information about you. Most browsers automatically accept cookies, but you can change your settings to prevent cookies being stored. Please note, if you elect not to store cookies, Constellation Brands will not be able to provide you with the benefits of such.
7. PROMOTIONS, PURCHASES AND SPECIAL TERMS
Most (if not all) Constellation Brands promotions and competitions have special terms and conditions attached which will apply in conjunction with (and not in substitution for) these Terms. Your entry into any Constellation Brands promotion or competition will be subject to your acceptance of these Terms and any special terms of that promotion or competition. In the event of any inconsistency between these Terms and any special terms and conditions, the special terms and conditions will prevail for the particular promotion or competition. You may choose to opt-out of receiving promotional emails anytime by simply clicking the unsubscribe button on our emails.
If you purchase any product via this Website please note that all purchases will be strictly subject to our terms and conditions of trade, including (as applicable) our Terms and Conditions of Sale (which can be found here) and our Shipping and Returns Policy (which can be found here).
8. DISCLAIMER
The information provided on this Website is for general guidance only. Accordingly, you must make your own assessment of the suitability and appropriateness of Constellation Brands’ products and services, and of the information provided on this Website.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by law (noting that Constellation Brands’ products come with consumer rights and guarantees which cannot be excluded under the Australian Consumer Law):
9.1. all warranties, representations and guarantees (whether express, implied or statutory) are excluded including relating to the accuracy and/or completeness of information provided on this Website; and
9.2. Constellation Brands will not be liable for any damage, loss or expense (of any kind whatsoever) suffered or incurred by you in connection with your access to or use of this Website, or the information provided in or accessed through this Website.
The above exclusions and limits operate for the benefit of Constellation Brands, its affiliates and related entities, partners, relevant suppliers, licensors and agents.
10. INDEMNITY
You agree to indemnify Constellation Brands, its affiliates and related entities, relevant suppliers, licensors and agents in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client base or otherwise) suffered or incurred by Constellation Brands as a result of any inaccurate or incomplete information provided by you to Constellation Brands or any breach by you of any of your obligations under these Terms, any special terms and conditions or the Additional Terms.
11. SHARING INFORMATION
Constellation Brands may share aggregated demographic information with its partners and advertisers. Such aggregated information is not linked to any personal information that could identify any person. Please refer to our Privacy Policy for all matters relating to our collection, use and disclosure of information about visitors and users of this Website.
12. PRIVACY
For details on our commitment to your privacy, please refer to our Privacy Policy.
13. GOVERNING LAW & JURISDICTION
This Website and these Terms are governed by the laws of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
This Website is provided for use by Australian residents only. We make no representations that the Website complies with the laws of any country outside of Australia.
14. VARIATIONS
Constellation Brands may update, change or replace any part of these Terms from time to time. It is your responsibility to regularly check these Terms for any variations. By continuing to use this Website, you are deemed to have agreed to the varied terms.
15. SEVERABILITY
If any part of these Terms is determined to be unlawful, void or unenforceable, that part will be severed and the remainder of the Terms will remain in full force and have full effect.
16. NO WAIVER
Our delay or failure to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.
17. MARKETING EMAILS & NEWSLETTERS
By confirming your consent to receive promotional and marketing materials at the time of purchase, or by subscribing to our mailing list via this Website, you expressly consent to your inclusion in Constellation Brands’ direct marketing database and to Constellation Brands’ sending you emails relating to your transactions and other activities on the Website, and for promoting and marketing other Constellation Brands products to you. Constellation Brands may also send regular electronic newsletters to your email address. In either case, Constellation Brands may send such communications to you via a third-party email or SMS marketing app, in which case we will share your details with such app to the extent necessary to send such communications to you. You have the right to ask us to stop sending you electronic communications and promotional material at any time, by emailing us at [insert email address] or by unsubscribing from our mailing list by following the instructions in our emails.
18. CONTACT US
If you have any questions or concerns in relation to this Website or these Terms, please contact us at concierge@cbfinewine.com.au.