Falcon Ridge Estate Limited 4458779 (Falcon Ridge) is committed to doing business with you in a fair, honest and transparent way. As a company incorporated and operating in New Zealand, we are governed by the Fair Trading Act 1986 (New Zealand), Consumer Guarantees Act 1993 (New Zealand) and the Weights and Measures Act 1987 (New Zealand), as amended or replaced from time to time. Further information can be obtained from the Ministry of Business, Innovation & Employment at consumeraffairs.govt.nz or the Commerce Commission New Zealand at comcom.govt.nz.
Legal Age to Purchase Alcohol
To use our Website, or do business with us, you must be of an age where it is legal for you to purchase and consume alcohol in your country of residence and in the country from which you are accessing the Website. For New Zealand residents, this means you must be at least 18 years of age. You must not fraudulently misstate your age to us to gain access to our Website, products or services.
If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you should leave the Website immediately.
SECTION A: TERMS of WEBSITE USE
Use of our Website includes accessing, browsing, or registering as a user. By using our Website, you confirm that you accept the terms in this section and you agree to comply with them. If you do not agree, you must not use our Website.
The content on our Website is generic general information only, and does not take into account the specific objectives, needs or circumstances of any particular person, so is not intended to amount to advice on which you should rely. We may update our Website from time to time and may change the content at any time. We may also suspend, withdraw or discontinue all or any part of our Website at any time. Please note that any of the content on our Website may be out of date at any given time and we are under no obligation to update it. We make no representations, warrantees or guarantees (whether express or implied) that our Website, or any content on it, will be accurate, complete, up-to-date, fit for purpose, or free from errors or omissions, nor do we guarantee that it will always be available or uninterrupted. We are not under any obligation to provide notice of any of these things, and we will not be liable to you for any reason connected to these issues. We do not indemnify or compensate users of our Website.
Falcon Ridge allows free access to the Website and declines all responsibility and may not be held liable in any case:
- for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Website; or
- for any damage resulting from any unauthorised use or fraudulent intrusion by a third party.
Use of Falcon Ridge Website
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this Website. Redistribution or republication of any part of this Website or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Falcon Ridge. Falcon Ridge does not warrant that the service from this Website will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Falcon Ridge, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Access to Falcon Ridge Website
You must not attempt to modify the Website (or any associated content, software or any element of it) or to obtain unauthorised access to the Website.
Information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via the Website. Information and emails sent to or from the Website may undergo email filtering and virus scanning, including by third party contractors. Falcon Ridge does not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
Information We Collect
Falcon Ridge or its related entities may collect the following information when you access our Website for marketing purposes to identify the most useful and popular sections of this Website and to generally improve this Website:
- your server address;
- your domain name;
- the date and time of your visit to our site;
- the pages viewed and information downloaded;
- the previous site visited; and
- the type of browser used.
User Responsible Behaviour
Each user warrants:
- to be of minimum age legally required to consume and or purchase alcohol in accordance with the laws and regulations of user’s country of residence;
- to use the Website for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of Falcon Ridge; and
- that any information it provides to Falcon Ridge via the Website will be true, up-to-date and accurate;
When using the Website, users must behave responsibly, lawfully, with courtesy and respect towards other users, Falcon Ridge, its subsidiaries, affiliates and third parties.
It is the user’s responsibility to acquire and maintain appropriate and up to date virus scanning software and to carry out a virus check on any file, download or attachment for viruses prior to downloading. We do not warrant that any file, download, link, feed or attachment on this Website is free from viruses or other errors or defects and by using this Website you are taken to accept these risks.
A user must not under any circumstances:
- upload, display, send by email or by any other means any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit any functionality of the Website or any software, hardware or telecommunications services;
- disrupt or interrupt the Website, its servers or networks connected to the Website;
- prevent (or attempt to prevent) the Website from functioning, including by exposing the Website to viruses, creating an overload of communication to the Website or its servers, sending “spam” or overloading the Website messaging system;
- download or access privileged or confidential information or access a server or account to which the user is not expressly granted access;
- try to assess or test the vulnerability of the Website, or attempt to breach the Website security or authentication measures of the Website, without the prior written consent of Falcon Ridge;
- conduct any illegal activity in connection with or via the Website or engage in any other activity likely to adversely affect Falcon Ridge, its subsidiaries, parent, affiliates, providers (including technical providers and contractors), customers and third parties, and must not encourage, facilitate or permit any third parties to do any of those things;
- upload, display, post, send by email or by any other means any unsolicited or unauthorised commercial electronic messages or promotional content, junk mail or spam on or via the Website or to any other user, Falcon Ridge, its subsidiaries, parent, affiliates, providers (including technical providers and contractors), customers and third parties;
- upload, display, send by email or by any other means any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, or indecent materials, or materials which infringe the rights (including intellectual property rights) of any person, on or via the Website or to any other user, Falcon Ridge, its subsidiaries, parent, affiliates, providers (including technical providers and contractors), customers and third parties; and
- send or forward by email or by any other means any content of the Website to people under the legal alcohol drinking and or purchasing age in their country of residence.
Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet and transmission of technical data.
User Generated Content (When Applicable)
Users are solely liable for any content they may post or upload onto the Website and the consequences of disclosing or broadcasting such content. Falcon Ridge does not approve any content, opinion, suggestion or notice generated by users and Falcon Ridge declines any and all responsibility and liability in respect of any such content.
The user warrants that any content they upload or otherwise make available on the Website (“User Content”) is either their own original work, or they have all necessary rights and consents from the owners of the User Content, to post, upload and make available that User Content to the Website.
The user permits Falcon Ridge to use, copy, modify, reproduce, communicate, adapt, publish and perform in public the User Content (and may licence third parties to do any of those things) in any manner (including in part) for any purpose anywhere in the world, without cost and without further reference to the user (and the user consents to any use or act done by Falcon Ridge and its licensees which would but for this clause infringe the user’s moral rights in the User Content).
"Falcon Ridge", “Our”, “We” and "Us" means Falcon Ridge Estate Limited 44589779 and its related entities
“Party”, “Parties” or “Us” means both the Customer and Falcon Ridge
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of Falcon Ridge’s stated goods and services, in accordance with and subject to, New Zealand laws.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Disclaimer Exclusions and Limitations
The information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, Falcon Ridge:
Excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third Party, including in relation to any inaccuracies or omissions in this Website and or Falcon Ridge’s literature; and
Excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Falcon Ridge of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Falcon Ridge Estate Limited does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Cookies are data files that many websites store on your computer when and after you access them. Cookies allow website operators to distinguish you from other users of their website, optimise your experience on their site (including access and navigation), and improve the website and quality of services being offered. This is done by recording and compiling user data and tracking usage patterns, which may include personal information. We utilise cookies for users of our Website because we believe it enhances our customer service and your overall experience.
You can disable cookies in your web browser, however this may affect your browsing experience on our Website and other websites (which may not function properly or optimally, or navigation may become difficult) and may result in certain settings or information being lost.
Our Website may include links to other websites or other internet sources. As Falcon Ridge cannot control these websites and external sources, we cannot be held responsible for the provision or display of these websites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these websites or external sources. Furthermore, Falcon Ridge is not liable to the user or any other person for any demonstrated or alleged damage, harm or loss resulting from (directly or indirectly) or in relation to the use of, or the fact of having had confidence in, the content, goods or services available on these third party websites or external sources.
We do not endorse, approve or recommend the contents, services, products owners or operators of any website to which this Website may be linked or feeds to. Links and feeds are provided solely for your convenience and you use them and the linked websites entirely at your own risk.
User Accounts and Passwords
This Website and each of its elements (including all text, images, web pages, sounds, videos, designs, trademarks, logos and other material on or accessible via the Website) as well as any software required to be used in relation to the former, data bases and newsletters (the “Content”), may contain confidential information and information that is protected by intellectual property rights. Unless otherwise expressly stated on the Website, Falcon Ridge exclusively owns all intellectual property rights related to the Content and we do not grant any user any license or other right other than a right to view the Content via the Website.
The user may access and view the Content (in whole or in part) of the Website for personal and private use only. Any reproduction or use or other exploitation of Content for any other purposes (whatever the manner or the kind) is expressly prohibited.
Users must not copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-licence or transfer in any way any Content or other elements of the Website or any material (including software) related to the Website without our prior written consent.
The contents of this Website are subject to copyright under New Zealand and overseas law. Unless other attribution is given, all such copyright and any other intellectual property is owned by us. We authorise you to view and store, without modification, digital or print copies of our copyright material contained within this Website, subject to the following conditions:
- The documents and images may be used solely for information purposes;
- The documents and images may be used solely for individual purposes and may not be used for any commercial purpose whatsoever;
- Any copy or printout of any document or image or portion thereof must include this copyright notice and ALL of the text contained on this Website under the heading "Copyright"; and
- Any use of our text or images must be accompanied with the following: "image information courtesy of Falcon Ridge Estate Limited".
No other use is permitted without our prior written consent.
If you consider that material has been posted on this Website which contravenes your copyright or other intellectual property rights please contact us at falconridgeestate.co.nz
All registered and unregistered trade marks which appear on this Website are the property of their respective owners. In allowing you access to this Website, we do not grant to you any right whatsoever to use any such trade mark. You acknowledge that you have no such rights and that none will arise by your accessing or using this Website.
This Website may also contain a number of trademarks (registered and unregistered) owned or used under license by our associates. In addition, we and or our associates own all intellectual property rights in the logos and other creative materials displayed on this Website. Any use or reproduction of any of our trade marks, logos or other creative material appearing on this Website without our written permission is prohibited.
Failure of either Party to insist upon strict performance of any provision of this or any agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
SECTION B: TERMS of BUSINESS FOR SALES
Cash or all major Credit/Debit Cards, Bankers Draft Transfer are all acceptable methods of payment. All goods remain the property of Falcon Ridge until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $2,000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Minimum 24 hours notice of cancellation required. Notification of cancellation of an order in person, via telephone, mobile phone ‘text message’ or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $50 charge to cover any subsequent administrative expenses.
Termination of Orders and Refunds Policy
Both the Customer and Falcon Ridge have the right to terminate any order for any reason, including the ending of order(s) for goods and services in accordance with the Falcon Ridge Cancellation Policy. No refunds shall be offered, where an order for goods and services is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused or cancelled goods and services in accordance with our Cancellation Policy, shall be refunded.
Goods and Services Availability
Unless otherwise stated, the goods and services featured on this Website are only available within New Zealand, or, by agreement, in relation to the despatch of orders for goods and services to Australia, United Kingdom and United States of America. All advertising is intended solely for the New Zealand market.
SECTION C: FALCON RIDGE ESTATE CELLAR DOOR CLUB
Falcon Ridge Cellar Door Club Member Benefits
Falcon Ridge Cellar Door Club membership is free and includes the following benefits:
- guarantees you delivery of Falcon Ridge Estate fine wines of your choice on first release;
- you will have first access to limited release wines, past vintages and special offers;
- a carefully selected case of 12 award winning wines of your choice will be delivered to your door three times per year (“Regular Delivery”);
- a 20% discount off cellar door prices for the Regular Delivery wines and all additional wines purchased;
- free, door to door, delivery anywhere within New Zealand; and
- competitive international freight costs and delivery times for cases of Falcon Ridge Estate wines to Australia, United Kingdom and United States of America.
Legal Age to Purchase Alcohol
Cellar Door Club membership is for use by you only if you are of legal age to purchase and consume alcohol in your country of residence and in the country from which you are accessing the Website.
To use our Website or do business with us, for New Zealand residents, this means you must be at least 18 years of age. You must not fraudulently misstate your age to us to gain access to our Website, join our Wine Club or access our products or services.
Falcon Ridge Cellar Door Club Membership Terms and Conditions
The following terms and conditions apply to membership of the Falcon Ridge Cellar Door Club:
- you must be over 18 years old and ensure no underage person will take delivery of your wines;
- membership is activated with the purchase of your first dozen Falcon Ridge Estate wines;
- minimum membership of the Cellar Door Club is for 12 months to receive Cellar Door discount price wine deliveries;
- should you cancel your Cellar Door Club membership within first 12 months your credit card will be charged for the Cellar Door discount you received on on each case of wine purchased;
- this first purchase will form one dozen of your minimum three dozen annual commitment and will be at Cellar Door discount prices;
- Cellar Door discount price includes a 20% discount per dozen wines off cellar door prices;
- you are required to purchase a minimum three dozen wines over a minimum 12 month period;
- Falcon Ridge will dispatch, three times a year (approximately every four months), your Regular Delivery wine selection to you;
- your member credit card will be automatically charged for the cost of the Regular Delivery dozen selected wines and, where applicable, freight at time of despatch;
- you are required to provide current Visa or Mastercard credit card details to Falcon Ridge to transact up to three dozen wines per annum;
- the credit card must be that of a Cellar Door Club member;
- you are required to provide and maintain personal contact details for communication including a daytime telephone contact, address for despatch and courier delivery of the wines; and
- should you move or change your delivery address without informing Falcon Ridge, you are aware and accept that additional freight charges may be incurred; and
- delivery is by transport couriers. No responsibility is taken for the goods once despatched by Falcon Ridge Estate.
To Activate Your Cellar Door Club Membership and Receive Member Benefits:
Membership can be done online on our Website through our Cellar Door Club Member Login, or by contacting the office by email, phone, post or in person at the vineyard and completing the Cellar Door Club application form.
Your Wine Selection
As a Cellar Door Club member, you are required to select one, or more, of the following options (“Wine Selection”):
“Falcon Ridge Selection” 6 bottles Sauvignon Blanc and 6 bottles Pinot Noir
“Falcon Ridge Sauvignon” 12 bottles Sauvignon Blanc
“Falcon Ridge Pinot” 12 bottles Pinot Noir
“Falcon Ridge Syrah” 12 bottles Syrah
You can change your Wine Selection at any time by contacting Falcon Ridge by telephone, email, post or in person at the vineyard.
The minimum Cellar Door Club membership commitment is a period of 12 months and a minimum purchase of three dozen wines; this will be automatically be renewed at the end of each 12 months period for a further term of 12 months.
Cancellation of Cellar Door Club Membership
Cellar Door Club membership cancellation must be in writing, be legible, be signed by you as the member and be forwarded to Falcon Ridge by email or post and will be accepted after the initial 12 month period. If membership is cancelled before the first 12 month period, a $50 administration fee may apply.
As a company incorporated and operating in New Zealand, we are governed by the Privacy Act 1993 (New Zealand), as amended or replaced from time to time. Further information can be obtained from the Office of the Privacy Commissioner at privacy.org.nz
In line with the Privacy Act 1993 (New Zealand) on cancellation of your Falcon Ridge Cellar Door Club membership your details and past member information, including your credit card details, will be deleted from our files.
Falcon Ridge Cellar Door Contact Details
Questions, comments and requests regarding our Cellar Door Club, our wines, deliveries, updating your contact details and delivery instructions and or your wine selection should be addressed to:
Falcon Ridge Estate Limited
5 Higgins Road
Telephone: (03) 542 3190
International: +64 3 542 3190
SECTION D: CHANGES, LAWS and CONTACTS
Applicable Law and Interpretation
The user irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts exercising jurisdiction in New Zealand and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
Place of Business:
Falcon Ridge Estate Limited
5 Higgins Road
Falcon Ridge Estate Limited
63 Fort Street
Or email: email@example.com
We hope to offer you a first class customer service experience in all of your dealings with Falcon Ridge Estate Limited.