1) OVERRIDING PROVISION

1.1) Black Market (blackmarket.co.nz) enables you to take advantage of products from a range of suppliers, including from Black Market itself.

1.2) Offers made available via Black Market will always be limited and subject to stock availability. As a result, the exclusive prices may only be available for a limited time. Black Market suggests orders be made promptly to avoid disappointment. To the maximum extent permitted by law, Black Market will not be liable in any way for the inability of suppliers, including Black Market, to meet any orders of products advertised on this site.

2) WARNING

2.1) You must be 18 years of age or over to order any wine or other alcohol product advertised on this site. All alcohol advertised on this site is advertised and sold by licensed merchants.

2.2) As a pre-condition to any sale of alcohol through this site, Black Market requires you to confirm that you, or the person you are purchasing a wine or other alcohol product for, are 18 years of age or over. This confirmation is required when you first enter this site and then again when you submit an order for a wine or alcohol product. In addition, if you are a new member making a first time purchase of wine or other alcohol product, you must provide Black Market with an approved evidence of age document (e.g. a current driver licence issued under the Land Transport Act 1998 or a Hospitality NZ 18+ card) for yourself within five working days of submitting your order. Black Market can also request that you provide further approved evidence of age documents as it sees fit before fulfilling any order.

2.3) If Black Market is unable to verify your age to its satisfaction on the basis of the approved evidence of age document provided, or if no approved evidence of age document is provided within the permitted timeframe, your order will be cancelled, and money paid will be returned to you and your Black Market account may be disabled.

2.4) All evidence of age documents received by Black Market under clause 2.2 are encrypted and stored offline for a period of thirty days after which they are permanently deleted. Proof of age documentation is used for no other purpose than to verify the age of the purchaser.

2.5) Subject to your legal rights as a consumer, Black Market may also cancel your order at any time for any other reason. If your order is cancelled, Black Market will comply with its obligations, including refunding your account for your purchase.

2.6) To the maximum extent permitted by law where you are at fault you fully indemnify us and merchants who advertise alcohol products on this site against all actions, claims, losses, damages, costs (including legal costs), or expenses relating to any breach or failure of such confirmation of age.

3) Terms and Conditions

3.1) These terms and conditions apply to the use of this site. By using this site you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must stop using this site.

3.2) Black Market may amend these terms and conditions at any time by updating them on this site. All amendments will be effective immediately upon an update being made. By continuing to use this site following such an update, you agree to be bound by the amended terms and conditions. References on this site to "Black Market", "blackmarket.co.nz", "black-market.co.nz", "we" or "us" represent Black-market.co.nz Ltd.

3.3) These terms and conditions are also deemed to include blackmarket.co.nz’s Privacy Policy, Pricing page, Card Security Policy, Money Back Guarantee and Delivery Terms, all of which are also available on this site.

4) EMAIL POLICY

4.1) Where you have subscribed to eAlert on the site or where you have provided your email address in the course of placing an order (confirming you wish to receive emails by clicking on the associated box) you have authorised us to contact you by email (and occasionally by text message) to advise you of offers being advertised on the site and/or to manage your orders.

4.2) You may advise us at any time that you no longer wish to receive emails from Black Market and upon receipt of such advice we will remove your email address from our mailing list. Alternatively you can change / customise your email frequency within your personal account, or you can unsubscribe (and opt out of any text messages) at any time by clicking on the attached link: http://www.blackmarket.co.nz/Unsubscribe.aspx

4.3) Please note: Members who purchase product via blackmarket.co.nz will also receive an email 10 days after purchase to ensure that the wine has arrived safely, and that the member is satisfied with the product.

4.4) Users that sign up to Black Market eAlerts via the pop-up box appearing after browsing the site are entered in the draw to win a $50 Black Market gift voucher. A user can only be elligible for this prize once, in the month which they first signed up to Black Market eAlerts.

5) EXCLUSION/Limitation Of Liability

5.1) To the maximum extent permitted by law you acknowledge that blackmarket.co.nz will not be liable for any actions, damages, loss, costs (including legal costs), claims or expenses arising out of or relating to:

(a) Any product purchased via www.blackmarket.co.nz or a 'hot linked' site, or

(b) Your use of this site or any ‘hot linked’ site, or

(c) Your use of or reliance on information contained in or accessed through this site.

5.2) To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. This disclaimer does not attempt or purport to exclude liability under statute if, and to the extent, such liability cannot be lawfully excluded (such as under the Consumer Guarantees Act 1993).

5.3) Black Market will endeavour to ensure the accuracy of information on the site but will take no responsibility for any errors or incorrect information, and will not accept any liability which may be claimed as a result.  Black Market will not be bound to honour any orders placed where the information, including but not limited to price, has been incorrectly entered on the site and in such cases Black Market will pay full refunds to any customers who may have placed an order based on erroneous or incorrect information being displayed on the site.

6) Site Content/Availability

6.1) Although the information provided in this site is presented in good faith and believed to be correct as at the date it was submitted, we make no warranties or representations about the accuracy or completeness of this site, its contents or the content of any web site ’hyper linked’ to or from this site. We will not be liable for any damages, loss, claims, costs (including legal costs) or expenses suffered as a result of the information on this site or any 'hyper linked site' not being accurate or updated.

6.2) You must take your own steps to ensure that the process which you employ for accessing this site does not expose you to the risk of viruses or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to your computer system arising out of or relating to your use of this site or any ‘hot linked’ site. Any information which you transmit to us is transmitted through a secure internet system. All reasonable steps to ensure that this information is secure have been taken but we cannot warrant all information will be secure at all times.

7) Site Access

7.1) This site is controlled and operated from within New Zealand. We make no representation or warranty that the material in this site is appropriate or available for use in other countries or that such material satisfies the laws of other countries. If you choose to access this site from countries outside New Zealand, you do so of your own initiative. You are responsible for ensuring that your access to this site is not illegal or prohibited and for your own compliance with applicable local laws.

7.2) You may not use or export the materials in this site in violation of New Zealand laws and regulations. You acknowledge that products bought in response to advertisements on this site are subject to the export control laws and regulations of New Zealand.

8) Intellectual Property Rights

8.1) By using this site, you agree that all intellectual property rights in this site (including copyright in all text, graphics, logos, software and icons) are owned by, or licensed to, Black Market. Except as expressly authorised by these terms and conditions, you may not, in any form or by any means, copy, adapt, store, distribute or reproduce any part of this site without the prior written permission of Black Market. You also agree that blackmarket, blackmarket.co.nz, black-market.co.nz and ?Mystery Wine are trademarks of Black-market.co.nz limited. You agree to indemnify Black Market for any breach of these terms and conditions including (without limitation) a breach of this clause.  You will pay any costs (including legal costs on a solicitor client basis) incurred by Black Market in enforcing or attempting to enforce its rights under these terms and conditions.

9) Permitted Use

9.1) Unless Black Market agrees otherwise, you are provided with access to this site for personal, non-commercial use only. You may reproduce any information contained on this site for your personal use.

10) Jurisdiction

10.1) This agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand courts.

11) Gift Vouchers

11.1) The following terms and conditions apply where you use or purchase a Black Market e-Gift Voucher (“Voucher” or “Vouchers”). By using or purchasing a Voucher, you agree to be bound by these terms and conditions. If you allow another person to use or take possession of your Voucher, you must tell that person that they will be bound by these terms and conditions.

11.2) Vouchers are issued by Black-market.co.nz Limited (“Black Market”, “we” or “us”) and can be purchased online at blackmarket.co.nz (“Website”).

11.3) Once purchased, the Voucher will be emailed to you at your nominated email address or directly to the Voucher’s intended recipient  at the email address provided by you. Where you nominate another person to receive the Voucher, you hereby confirm that the recipient consents to receiving that Voucher at the nominated email address.

11.4) A Voucher can be loaded once with a minimum value of NZ$50 and a maximum value of NZ$1,000.   You are responsible for checking that the value of the Voucher is correct at the time of purchase. There are no additional activation or transaction fees for the purchase or use of the Voucher. There is no interest payable on the Voucher balance. To check your balance at any time, enter your voucher code on the checkout page.

11.5) The Voucher balance is redeemable for purchases online via the Website. Vouchers may not be used for any other purpose, including to purchase additional Voucher(s) or other tender. If you have not purchased from Black Market previously, you will be required to comply with Black Market’s standard pre-condition of sale verification prior to any order being authorised.

11.6) If the purchase is valued at less than the available Voucher balance, the remainder of the balance will remain on the Voucher until expiry. No change will be given. If the purchase exceeds the available Voucher balance, the balance must be paid by other available payment methods.

11.7) Any Voucher will be valid for use for 12 months from the issue date (or as otherwise extended by us). You should use all of the Voucher balance before the expiry date. It is up to the holder of the Voucher to use the full value within the validity period. After expiry, the Voucher is no longer valid, and all attempted transactions will be declined. Any outstanding balance that remains on the Voucher after expiry will be forfeited to Black Market.

11.8) Any Voucher may not be redeemed for cash in whole or in part. Vouchers are not legal tender, account cards, credit or debit cards or securities.

11.9) If you choose to cancel or return any product purchased solely or in part with the Voucher, subject to Black Market’s refund policy for the relevant product, we have the sole discretion to re-credit the Voucher or issue you with a new Voucher for the applicable amount.  Exchanges or refunds cannot be offered for the purchase of Vouchers.

11.10) Any Voucher should be held in a secure place, as any person holding the Voucher may be able to use it to make purchases via the Website. Black Market takes no responsibility or liability for use of any Voucher whatsoever, including if a Voucher is lost or stolen or obtained or used by a person that is not the intended recipient. Black Market is not liable for any errors in the email address, name or other details provided to us. Any Voucher that is lost, stolen, obtained, or used by a person that is not the intended recipient will not be replaced or refunded.

11.11) To the maximum extent permitted by law, we reserve the right to cancel any Voucher, or the Voucher programme, for any reason at any time without notice. If this occurs, Black Market has the sole discretion to either provide a refund to the holder of a valid Voucher upon presentation of the Voucher or provide a replacement voucher to the holder of a valid Voucher upon presentation of the Voucher.  Vouchers cannot be cancelled once issued except at Black Market’s sole discretion, where the value of the Voucher is used, or if the Voucher expires.

11.12) Black Market reserves the right to verify the identity of the holder of the Voucher. The holder of the Voucher will be taken to be the owner of the Voucher. The holder is liable for all transactions using the Voucher, except to the extent to which there has been fraud or negligence by Black Market.

11.13) Black Market reserves the right to cancel and/or not accept any Voucher that appears to have been altered or tampered with in any way. Altered or tampered Vouchers will not be replaced or refunded. Black Market reserves the right to correct the balance of any Voucher if we believe that an accounting or clerical error has occurred.