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Website Terms & Conditions

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General Terms and Conditions of this Web Site

License and Site Access

Fancrest Estate 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 Fancrest Estate. 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 Fancrest Estate. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fancrest Estate and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Fancrest Estate's name or trademarks without the express written consent of Fancrest Estate. Any unauthorized use terminates the permission or license granted by Fancrest Estate. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Fancrest Estate so long as the link does not portray Fancrest Estate, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fancrest Estate logo or other proprietary graphic or trademark as part of the link without express written permission.

Proprietary Rights, Intellectual Property and Copyright

Any information provided by readers to the proprietors, including without limitation data, questions, comments, suggestions, etc., shall be expressly deemed to be non-confidential. Only the clients of the proprietors may have a reasonable expectation of the confidential treatment of such information, and such expectation arises solely from an express contract with the proprietors. By submitting any such information to the proprietors, readers expressly acknowledge that the proprietors shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. The proprietors shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

This website is subject to New Zealand and international copyright laws. The contents of this website, such as trademarks, designs, text, images of people or places, logos, audio clips, digital downloads, data compilations, software and icons, or other intellectual property are proprietary and are the property of either Fancrest Estate or a third party. The use of these images and/or text by you, or anyone authorized by you, is prohibited unless you obtain the express, written permission of Fancrest Estate. Any unauthorized use of these images and/or text may violate copyright laws, trademark and service mark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively "the Trademarks") displayed on the site, and the graphics for Fancrest Estate, are registered and unregistered Trademarks of Fancrest Estate and others. No Trademark displayed on the site may be used without the written permission of the party that owns that Trademark. Fancrest Estate will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where authorized.

Copyright Complaints

Fancrest Estate 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.

Links to Third Party Sites and Third Party Advertisements

There may be links to other websites or advertisements of goods and services available from other parties on our website. Fancrest Estate has not reviewed all of the sites linked to its site, and is not responsible for those websites, or the contents of any off-site pages or any other sites linked to the sites, or the goods and services available on them. Fancrest Estate expressly disclaims all liability for images, content, and opinion expressed on other sites that may be accessed through links on the Fancrest Estate site. Likewise, Fancrest Estate disclaims all liability for images, content, and opinion expressed on outside sites that choose to link to its page.

Disclaimer of Endorsement

Reference made on the site to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not indicate or imply that Fancrest Estate endorses, recommends, or favors the item mentioned. The views and opinions expressed herein do not necessarily state or reflect those of Fancrest Estate, and shall not be used for advertising or product endorsement purposes.

Reviews, Comments, Communications, and Other Content

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, or 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. Fancrest Estate 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 Fancrest Estate 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 Fancrest Estate 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 Fancrest Estate or its affiliates for all claims resulting from content you supply. Fancrest Estate has the right but not the obligation to monitor and edit or remove any activity or content. Fancrest Estate takes no responsibility and assumes no liability for any content posted by you or any third party.

Electronic Communications

When you visit Fancrest Estate 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.

Privacy

Please refer to our Privacy Policy

E-Commerce Terms and Conditions

Please refer to out E-Commerce Terms & Conditions.

Disclaimer

We will take all reasonable steps to ensure that this website is accurate. However, we do not warrant the completeness, accuracy or reliability of the website. We will not accept any liability for any errors in, or omissions from, the contents of this website.

Termination

We reserve the right to change this website and its content in any way without notice to you. Your ability to access and use the website may be terminated at any time without notice.

 

Privacy Policy

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Fancrest Estate Privacy Policy

At Fancrest Estate we recognize and respect our users' and customers' privacy. We commit to diligently protect the trust you have placed in us. We have developed this Privacy Policy to assure you, that the information collected about you, is only what is needed for conducting business and offering products and services that might be of interest to you.

Use of your information

Fancrest Estate does not sell or rent your personal information to third parties. We will only release account and other personal information if we believe the release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Fancrest Estate Limited, our users, or others.

User/Customer Registration

Our site's user and customer registration forms require you to provide us contact information, and may also require demographic information. This information may be used to contact you when necessary.

If you Join Our Mailing List

To add you to our mailing list, we need your name, email address and country or state of residence. The information is utilized so that we may inform you of special offers and events associated with Fancrest Estate and its affiliates.

If you Purchase Alcohol

New Zealand Law requires us to request identification from each wine purchaser to prove that you are of an age to legally purchase alcohol. To process an order, we need your name, home or other physical address, including street name and name of city or town, email address, telephone number, date of birth and credit card number.

Delivery Address Details

Fancrest Estate enables you to save one delivery address which we will store against your profile. When you buy an item you have the option of entering a new delivery address which must be your own.

Updating Your Personal Information

Fancrest Estate provides you with ways in which you can alter your personal data, including changing your email address, password, phone number, etc. In the event you wish to change any of your personal information, please contact us by written notification to our email address at  This email address is being protected from spambots. You need JavaScript enabled to view it. .

Email

It is the policy of Fancrest Estate to send our members emails throughout the purchasing process, and other Newsletter emails they elect to receive. In addition, Fancrest Estate will send out promotional material to its Newsletters subscribers promoting material related to Fancrest Estate. We also use email as a means of receiving feedback from our members, and we encourage you to email with your questions or comments.

Emailing Tools

Fancrest Estate provides tools on its website to tell a friend about our products. These tools must not be misused in any way to send spam or other content which would violate our privacy policy or Terms and Conditions. We do not permanently store, sell, or rent these email messages or the email addresses.

Email Opt-Out

We comply with New Zealand laws in sending offer driven emails. It is our policy to immediately remove any user from any mailing list upon the member's request. If you wish to Opt-Out from receiving email offers, we will take action within 1-10 days of receipt of your request. To Opt-Out or unsubscribe, please send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. with UNSUBSCRIBE in the subject line. If you have multiple addresses you will need to Opt-Out for each address in order to be removed from our data base.

Cookies

To enhance the experience on our website, we use cookies to identify our registered members when they return to the site. A cookie is a piece of data stored on the end–user’s hard drive containing information of the visit to our website. The information on the cookie is accessible only to FANCREST ESTATE and is not sold or shared under any circumstances. For your convenience, we use a cookie to store a unique session identifier, which allows us to maintain your shopping cart and personal information.

If you have any concerns with our Privacy Policy, please contact us at: This email address is being protected from spambots. You need JavaScript enabled to view it. . This policy was last updated October 1, 2009.

Security

We understand the sensitivity of this information and maintain our files on a secured server to protect against unauthorized access. In addition to obtaining personal information, we may collect tracking information for statistical purposes that may be disclosed to third parties. This aggregate information is for statistical purposes only. It is for understanding consumer trends and does not contain any personal information about you.

Control of Your Password

You are responsible for all actions taken with your user name, email address and password. Therefore we do not recommend that you disclose your Fancrest Estate password to any third parties. If you choose to share your user name, email address and password or your information with third parties, you are responsible for all actions taken with this information and therefore you should review that third party's privacy policy.

Credit Card Security

We work diligently to protect the security of your personal information, including credit card information.

Your credit card details do not get processed or transmitted through or via Fancrest Estates website; all transactions are processed through a secure payment service provider. All transaction sessions are stored and processed in encrypted strings. Your credit card details are not held by Fancrest Estate and cannot be accessed by Fancrest Estate staff.

Fancrest Estate Vouchers

Fancrest Estate provides the facilities to present and redeem vouchers through the checkout system. Any voucher is to be used at the discretion of Fancrest Estate. Fancrest Estate also holds the right to terminate any Voucher which they believe is being misused.

Other information we collect

We collect and use additional information to carry out internal research on our users' demographics, interests, and behaviour to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address. If you send us personal correspondence, such as emails, or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.

Membership Removal

If you wish to have your registration removed from our directory for any reason, simply send us an email at This email address is being protected from spambots. You need JavaScript enabled to view it. requesting to be removed.

Updates to our information practices

From time to time, we make changes to our information practices or alter the functionality of our Web site. We always update this statement accordingly, so we encourage you to periodically review this page for the latest information on privacy practices at Fancrest Estate. If you have any questions about our privacy policies or any other matter, please This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

E-Commerce Terms and Conditions

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E-Commerce Terms & Conditions

This Agreement was amended on 21/10/09

In this agreement we refer to you, the purchaser as "you" or "your" and Fancrest Estate Limited as "us", "we" or "our"

1. GENERAL

1.1 This agreement applies to all purchases of Fancrest Estate Products by you from the Fancrest Estate website.

1.2 We may change the terms of this agreement from time to time using the process set out in clause 17.

1.3 This agreement is important. You should ensure that you have read it thoroughly prior to purchasing any products on our website.

1.4 This website is intended for purchasing within NZ only.

2. DEFINITIONS

In this agreement unless the context otherwise requires:

  • "agreement" means this agreement and includes any other terms incorporated into it by reference;

  • "information" means all information supplied by you to us via the website or otherwise and includes, for example, your name, contact details, credit card details and your payment and transactions history;

  • "GST" means goods and services tax;

  • "products" means all products available for purchase on our website;

  • "website" means our website, accessible via the www.fancrest.com

3. PURCHASE TERMS

When purchasing products on the website you confirm and acknowledge that:

  • you are legally entitled to purchase alcohol (if products you purchase include alcohol) and that you can produce sufficient evidence (e.g. NZ Driver's Licence or Passport) of that entitlement on request prior to or upon delivery of the products;

  • all information supplied by you to us is true and correct at the time you make any purchase on the website;

  • notwithstanding the above, we may refuse to accept your order at our sole discretion;

  • we may disclose your information to your bank or credit card company and for the purposes of any debt recovery proceedings we may issue against you;

  • we may restrict your ability to purchase products via the website by imposing a credit limit on your account.

4. PRICE

4.1 Product prices quoted on our website are inclusive of GST. You must pay us the full price quoted.

4.2 We reserve the right to vary prices without notice.

TRANSIT COST

4.3 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.

MISTAKES IN PRICE ARISING FROM COMPUTER ERROR

4.4 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.

4.5 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.

5. PRODUCT AVAILABILITY

5.1 All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply products to you where they are not presently available or where our stock of the relevant product(s) has been exhausted.

5.2 In the event that we are unable to supply products in the quantities specified in your purchase order you may elect to cancel or vary your order by agreement with us.

6. DELIVERY & TRANSIT

6.1 We will use our best endeavours to despatch 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.

6.2 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.

6.3 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).

6.4 Advice regarding order shortages or damage in transit must be given to our customer service team no later than three days after receipt of products.

6.5 Delivery is complete when the products reach the address you have specified for delivery. We will be responsible for arranging the delivery of products unless you arrange otherwise with us.

6.6 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.

7. PAYMENT TERMS

CHARGES & INVOICING

7.1 You must pay us in full and in cash or by credit card (as applicable) at the time that you submit your order unless we have agreed to give you credit.

7.2 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.

8. CANCELLATION, RETURN AND REPLACEMENT

8.1 Subject to clause 8 of this agreement:

(a) After we have accepted your order for the products, you may not cancel the order without our consent;

(b) We will not consent to cancellation if we have processed documentation in fulfilment of your order;

(c) Returns for credit will be given at our discretion. The cost of return is your responsibility;

9. USE OF YOUR INFORMATION

9.1 During the term of this agreement your use of the website will generate certain information that will be recorded electronically by us. Information of this type may include, for example, your IP address, your usage statistics, etc. We will also record your contact details, credit information and any related personal details that you supply or that we obtain independently.

9.2 You acknowledge that we, our employees, carriers, contractors and agents may use or disclose any of the information identified in the previous paragraph for purposes connected with the supply of the services to you. Examples of purposes connected with supply include, for example:

(a) administration of your account with Fancrest Estate or on the website;

(b) carrying out credit checks;

(c) keeping you up to date with new offers/changes at Fancrest Estate;

(d) sharing with contractors to enable you to use or facilitate your use of the website.

9.3 You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.

10. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES

10.1 You agree by registering on this website that you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive regular electronic communications and promotional communications from us. You have the right to ask us at any time to stop sending online communications and promotional offers to you.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 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. You may not display or distribute the content of any part of the website or its content in public, including any reproduction in any form on the Internet, without our express permission.

11.2 Any infringement of our intellectual property rights will be fully enforced under New Zealand law.

12. GENERAL TERMS

NO WAIVER

12.1 No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice any right, of that party.

SEVERABILITY

12.2 If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the terms will remain in full force and have full effect.

PRIVITY

12.3 Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.

13. JURISDICTION

13.1 The website is provided for use by New Zealand residents. 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.

13.2 This agreement is governed by New Zealand law and any legal action against us must be taken in a Court in New Zealand.

14. ASSIGNMENT

14.1 You may not assign any rights under this agreement except with our prior written consent.

14.2 We may assign our rights under this agreement without seeking your prior consent.

15. AMENDMENTS

15.1 We may amend the terms of this agreement.

15.2 We are not required to give you any notice to that effect but each purcahse will require you to agree to our Terms & Conditions. It is your responsibility to read and agree to these before each transaction.

15.3 The Amendments, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice.

 
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