Terms of Use

Welcome to www.tantalus.co.nz

By using the Tantalus Ltd online ordering facility you acknowledge that you have read, understood and agreed to be bound by the Terms & Conditions. When you purchase wine via www.tantalus.co.nz, you accept these Terms and Conditions, and the specific conditions that apply to that purchase. Together these terms and conditions form a legal contract between you the “Buyer” and Tantalus Ltd, the “Seller” when you purchase Goods.
If you have any questions regarding these Terms and Conditions please contact us at info@tantalus.co.nz
These are our terms of sale:

1. General

a. In these terms and conditions “Tantalus” means Tantalus Limited.

b. Your access to and use of all information on this website including purchase of our Goods is provided subject to these terms and conditions (“Terms”). Tantalus reserves the right to amend its Terms at any time and your use of the website following any amendments will represent your agreement to be bound by these Terms as amended. We therefore recommend that each time you access our website you read these Terms.

c. “Goods” means wine and beer.

d. All legislation referred to in this Terms is New Zealand legislation.
 “Business Day” means any day not being a Saturday or Sunday or statutory holiday in Auckland, New Zealand.
“Damages” means all liabilities, expenses, losses, damages and costs (including legal costs on a full indemnity basis whether incurred by or awarded against a party) including those associated with any third party claim, and whether arising under contract, tort (including negligence) or otherwise.
“GST” means Goods and Services Tax payable in accordance with the Goods and Services Tax Act 1986.
“Intellectual Property” means and includes (whether invisible, electronic or any other form) all brands, contracts, goodwill, logos, formulae, techniques, know- how, specifications, designs, drawings, copyright, manufacturing processes, patents and trademarks (if any) whether registered or not, software (and source and object code), business strategies, confidential business information including market and marketing strategies, business contracts, and all other intellectual property relating to the business of all Goods or services provided by Tantalus.

e. These terms of trade (“Terms”) form a contract between Tantalus and you in respect of the supply of Goods to you by Tantalus.

f. Any Goods supplied by Tantalus to the Purchaser will be supplied on these terms and conditions. If the Purchaser orders Goods, the Purchaser will be deemed to have accepted these terms and conditions. The only circumstances where any variation to these terms and conditions will apply is where the Company has expressly agreed in writing to that variation.

g. You may not assign all or any of its rights or obligations under these terms without the prior written consent of Tantalus.

h. Tantalus is not bound, unless otherwise stated in these terms, by any error or omission on any invoice, order form or other document or statement issued by Tantalus.

i. Where Tantalus has rights and remedies at law or otherwise in addition to the rights set out in these Terms, those rights and remedies will continue to apply.

j. If any of these Terms or part thereof are held to be invalid, illegal, unenforceable or void for any reason or reasons, all of the remaining Terms (or part thereof) shall remain in full force and effect.

k. If at any time Tantalus does not enforce any of these terms and conditions or grant you time or other indulgence, Tantalus shall not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition.

l. These Terms are governed by the law of New Zealand and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand.

2. Supply of alcohol

In ordering Goods from Tantalus you confirm that:

a. You are 18 years of age or older.

b. You are legally entitled to purchase alcohol in your country of residence.

c. You are legally entitled to purchase alcohol in the country you are ordering the Goods from.

3. Price

a. All prices are stated in New Zealand dollars and include Goods and Services Tax (“GST”) unless otherwise stated.

b. No New Zealand Goods and Services Tax shall be paid by International Purchasers. Otherwise you will pay GST on top of the GST exclusive price.

c. Tantalus reserves the right to alter prices at any time. Goods will be invoiced at the price displayed on the website as at the date of order.

4. Payment

a. All orders will be invoiced in New Zealand dollars. Payment shall be made by Visa, Mastercard or Amex collected by a third party secure gateway Stripe payment system.

b. If you wish to discuss alternative payment arrangements please contact info@tantalus.co.nz Note that alternative payment arrangement is entirely subject to Tantalus discretion.

c. Payment must be confirmed and received as cleared funds by Tantalus before any order can be processed and dispatched to you.

5. Delivery and transit

a. Tantalus shall endeavour to dispatch Goods from its premises no later than 2 business days after the date of receipt of the order.  Delivery overseas will be dependent on shipping schedules.

b. Tantalus will not be responsible for any failure to deliver or delay in delivery caused by any event outside of its reasonable control.

c. In the event that Tantalus fails to deliver any Goods you may cancel your order in respect only of the Goods not delivered unless otherwise agreed.

d. All Goods are sold subject to their availability. Some Goods and promotional items may be limited as to quantity.

e. Domestic delivery:
Freight cost is $14 per case of six bottles, or less than a case, delivered within Waiheke Island and the Auckland region.
Freight cost is $18 per case of six bottles, or less than a case, delivered within the rest of the North Island of New Zealand.
Freight cost is $25 per case of six bottles, or less than a case, delivered within the South Island of New Zealand.

f. International Delivery
International delivery is arranged using our shipping partners, JM Harris. They ship in cases of 3, 6, 9, 12 or 15 bottles. Please allow 1 to 6 weeks for delivery. Costs below include door to door freight, taxes and insurance and are fully tracked.

* +$50 per case to N.I, Hebrides & Outer Islands
** USA Excludes AL (Alabama), AR (Arkansas), KY (Kentucky), MS (Mississippi) , SD (South Dakota), UT (Utah), MI (Michigan), AK (Alaska) & HI (Hawaii)

6. Warranties

a. Tantalus warrants the Goods in respect of defect or damage or deterioration for a period of five (5) business days from the date of delivery; fair wear and tear and damage beyond Tantalus’ control excepted but such warranty shall not apply:
to defects or shortages which would be apparent on delivery unless a written claim is received by Tantalus within three (3) business days from delivery;
to any Goods which have been incorrectly or negligently handled or stored (Alibi beers are unfiltered and unpasteurised, for the best experience we recommend you keep them refrigerated);
to any Goods which has been modified in any way;
to any Goods which have been sold by Tantalus as seconds, downgrades, or otherwise outside the standard specification for those Goods.

b. Except for the warranty in clause 6.a, all warranties, descriptions, representations or conditions whether implied by the Consumer Guarantees Act 1991 or otherwise are expressly excluded to the fullest extent permitted by law.

c. Under section 41(2) and 43A Consumer Guarantees Act 1991, as appropriate, Tantalus and you contract out of that Act.

d. In any event, the total liability of Tantalus whether in tort (including negligence), contract or otherwise for any loss, damage or injury arising directly or indirectly from any defect or damage in or non-compliance of any Goods or any other breach of Tantalus’ obligations shall in any case be limited at the Tantalus’ option, except where statute expressly requires otherwise, to either the replacement of Goods complained of, or the refund of the purchase price (provided that if Tantalus is no longer producing the identical Goods at the time of the claim, it may replace the Goods with the closest equivalent then being produced).

e. While Tantalus will make every effort to ensure the accuracy of any advice, recommendation, information, assistance or service provided by Tantalus in relation to the Goods supplied by Tantalus, Tantalus does not accept liability or responsibility in respect thereof.

f. You will familiarise yourself with the current literature produced by Tantalus.

g. Tantalus will have no liability either in contract or in tort for any loss suffered by you or any third party claiming through you for which Tantalus has not accepted in writing.

h. Tantalus makes no representations or warranties outside of the terms of this clause in respect of the Goods supplied by it to you unless such representation or warranty is made by Tantalus in writing to you.

7. Cancellation policy

a. Orders will be processed once payment has been made. Once payment confirmation has been received the order cannot be changed or cancelled.

8. Other rights of company

a. In the event that:
any amounts payable by you to Tantalus is overdue, or you fail to meet any other obligation to Tantalus (whether in relation to the sale of Goods or otherwise), or in Tantalus’ opinion you are likely to be unable to meet your payment or other obligations to Tantalus; or
you become insolvent, have a receiver appointed in respect of all or some of your assets, makes or are likely to make an arrangement with your creditors or have a liquidator (provisional or otherwise) appointed or are placed under statutory or official management; or
the ownership or effective control of you is transferred or the nature or your business is materially altered;
Tantalus shall be entitled to cancel all or part of any contract or contracts with you which remain unperformed, in addition to and without prejudice to its other remedies; and
All amounts outstanding by you under any contract with Tantalus shall whether or not due for payment, immediately become due and payable; and
Tantalus shall be entitled to reclaim any Goods in your possession or control and to dispose of them for its own benefit and for that purpose Tantalus shall be entitled, without notice to enter directly or by its agents on any premises where it believes Goods which it has supplied may be stored, without in any way being liable to any person.

9. Privacy

a. We are committed to protecting your privacy. Please read our Privacy Policy for further information.

10. Force majeure and delay

a. Tantalus shall not be liable for any delay in performing its obligations under this agreement to you caused in whole or in part by force majeure which shall include (but not limited to) an act of God, natural disasters, strikes, lockouts, fire, war suit, civil commotion, inability to obtain Goods or supplies including the imposition of any export or import bans or any other cause beyond the reasonable control of Tantalus.

b. Any time or date given by Tantalus for delivery or uplifting of Goods is intended only as an estimate and Tantalus shall not be liable for the consequences of delay however arising and you acknowledges that Tantalus will not accept any claims or losses arising from its failure to meet the delivery date (if any).

11. Your Covenants and warranties

a. You agree that you shall:
Not undertake or perform any act or omission which brings or is reasonably likely to bring the Company and/or the manufacturer and/or the supplier of the Goods, or the Goods themselves into disrepute, and without limitation, shall not cause or allow any of its employees, agents, contractors, shareholders, principals, officers or directors to engage in any activity, conduct or otherwise that shall or may prejudicially affect the reputation or goodwill of Tantalus or its business.
Not in New Zealand engage is any misleading or deceptive trade or any other conduct or act which breaches or may breach the provisions of the Fair Trading Act 1986 or in any place in the world engage in other unfair, misleading, deceptive or unsafe practice and shall conduct business in a manner that reflects favourably at all times on the Goods and the Goods name, goodwill and reputation of Tantalus and/or the manufacturer and/or supplier and/or the Goods.
Not make representations, warranties or guarantees to customers with respect to the Goods that are inconsistent with statements, information and certificates provided by Tantalus.
Promptly submit to Tantalus complaints relating to the Goods together with all the available evidence and other information relating to those complaints.
Ensure that the Goods and any end product which may incorporate or otherwise process the Goods are at all times supplied in accordance with all relevant legislation in the country in which the Goods are supplied.
b. The parties acknowledge the paramount importance of protecting the health and welfare of the public and the goodwill associated with the Goods supplied under these Terms.  In this regard Tantalus has the right to recall the Goods if Tantalus reasonably considers that health or safety of any person is at risk . If such recall is caused by breach of any of these Terms by you, then the costs of such recall shall be borne by you, otherwise such costs shall be met by Tantalus.

c. You shall:
Maintain up-to-date and accurate records of sales including purchaser and destination of the Goods to assist with the immediate recall of any Goods; and
If there is a recall of goods:
The parties shall cooperate fully and assist each other with the recall;
Shall provide each other with any information that is relevant in respect of the recall; and
Co-operate in taking all reasonable steps to minimise damage to the parties goodwill and reputation in their intellectual property.
Not utilise Intellectual Property owned by Tantalus or in which Tantalus has rights for any other purpose than authorised by Tantalus or utilise Goods in which Tantalus’ Intellectual Property resides in any fashion not consented to by Tantalus.

12. Limitation of warranty / liability

a. You acknowledge that if you acquire the Goods for your own business use or supplies them to the other persons for business use and all guarantees and remedies in the Consumer Guarantees Act 1993 are excluded.  You further agree that the conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or implied by the common law will not apply and are expressly excluded from these Terms.

b. You acknowledge that you must rely upon your own judgment as to the nature, quality and condition of the Goods supplied by Tantalus and as to their sufficiency for any use or purpose and you acknowledge that Tantalus is under no duty to ascertain the suitability of the Goods for any purpose whatsoever and that no such representation has been made by Tantalus.

c. Except for any express written warranty in these Terms or otherwise provided to you, Tantalus provides no other warranty, expressed or implied, including any implied warranty of merchantability or fitness for purpose or otherwise and any warranties expressed or implied by law or statue, in respect of the Goods whether in respect of quality, fitness for intended purpose or otherwise, are excluded to the extent that such law or statutes permits exclusion.

d. The parties acknowledge and agree that in no event will Tantalus of its officers, principals, employees, contractors or agents have any liability to you arising out of or in connection with these Terms or the use or performance of any Goods and without limiting the foregoing, the parties agree that Tantalus shall not in any case whatsoever be liable for:
Any special, incidental, indirect, punitive or consequential damages, loss of profit, revenue, goodwill, use or the costs of procuring substitute goods
Damages exceeding, in the aggregate, the value of the particular order.
Damages in respect of any claim made:
More than six months from the date you become aware of the circumstances leading to that claim; or
More than 12 months after the relevant cause of action arises.

13. Indemnity

a. You indemnify Tantalus from and against all liabilities, expenses, losses, damages and cost (including legal costs on a full indemnity basis whether incurred by or awarded against a party) including those associated with any third party claim, and whether arising under contract, tort (including negligence) or otherwise shall Tantalus or its directors, principals, employees, contractors or agents sustains or incurs (directly or indirectly) arising out of or resulting from:
Any breach of these Terms by you;
Any contravention of applicable laws or regulations by you, including export and import control laws;
Any claim by any third party arising from any act or omission of you in connection with these Terms (whether negligent or not), including:
Your use, marketing, distribution or other activities by you under these terms or otherwise in relation to the Goods, or
Any misrepresentations, warranty or agreement, express or implied by you with respect to Tantalus, the supplier or the manufacturer of or the Goods;

b. Without limiting other clauses, any negligent, willful, reckless or unlawful act or omission of, or intentional misconduct by you in connection with these Terms; or

c. Any claim by you, to the extent that such claim is beyond the scope of Tantalus’ liability to you under these Terms.