The site www.starwines.co.nz gives you access to exclusive prices on selected premium wines. Star Wines is a joint venture between the Sunday Star Times and Blackmarket.co.nz.

Overriding Provision:

Neither Blackmarket nor Sunday Star Times sell any liquor themselves or store any liquor for sale on their premises. Star Wines simply enables you to take advantage of the exclusive prices direct from the wineries and liquor merchants on their respective terms and conditions. All wine is sold and supplied directly by the wineries and liquor merchants.

Offers made available via Star Wines will always be limited and subject to stock availability. As a result the exclusive prices may only be available for a limited time. We suggest orders be made promptly to avoid disappointment. We will not be liable for the inability of wineries and liquor merchants to meet any orders for products advertised on this site.
 

Warning:

You must be 18 years of age or over to order any wine advertised on this site. All sales or conveyances of any liquor advertised on this site are performed by licensed independent wineries or liquor merchants who under no circumstances sell or deliver to persons under 18 years of age.

By submitting an order for wine via this site, you confirm that you are 18 years of age or over and that you can produce sufficient photohraphic evidence of your age if required by any supplier, courier upon delivery of the wine, or by Star Wines. Examples of this include a photo drivers license or passport. No responsibility can or will be taken by us if you illegally submit an order. Each winery and liquor merchant advertising their products for sale via this site will require you to confirm on the order form that you are aged 18 years or over. You fully indemnify us and participating wineries and liquor outlets against any breach or failure of such confirmation which results in any legal action being taken against us or any participating winery or liquor outlet.

Wine orders may be paid for by credit card, or if arranged directly either with the supplier or with Star Wines on behalf of the supplier prior to placing an order, by debit card. Please note that debit cards will only be accepted where you have previously provided to Star Wines or Blackmarket, proof of age and identity or have ordered via credit card before. Requests to make payment by debit card may be granted or declined solely at the discretion of the relevant supplier or by Star Wines on the supplier’s behalf.

Terms And Conditions

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.

References on this site to "Star Wines", "we" or "us" are references to blackmarket.co.nz Limited, Fairfax Sunday Newspapers (a division of Fairfax New Zealand Limited) or both as the case may require.

We 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.

Privacy Policy

Please note that we collect and retain information regarding visitors to the site and wines purchased for the following purposes:

1. Advising users of new offers.
2. To statistically analyse the starwinery.co.nz website usage and wines purchased.
3. To improve content and product offering on the starwinery.co.nz website.
4. To improve customer ease and satisfaction.
5. To monitor the ages of visitors to the site.

Personal information collected for the above purposes will be retained by blackmarket.co.nz Limited and Fairfax Sunday Newspapers (a division of Fairfax New Zealand Limited) provided however that specific information regarding orders and payment will only be available to blackmarket.co.nz Limited. You have the right under the Privacy Act 1993 to access any personal information held about you and to request correction of the respective databases. If so requested we may make the requested correction or attach a note to the record recording that a request for correction was made but not acted upon. You can do this by sending an e-mail request to the following address [email protected]. If you do not wish your personal information to be retained by Star Wines, blackmarket.co.nz Limited or Fairfax Sunday Newspapers (a division of Fairfax New Zealand Limited), please tick the box at the end of these terms.

By placing an order for product through the site you are also expressly authorising blackmarket.co.nz to provide your details as entered on the site (including without limit your name, address, phone numbers and credit card details) to suppliers so they can process your payment for orders placed with them for products and arrange for the delivery of those products to you (n.b. blackmarket.co.nz does not retain any details relating to credit cards used to order products).

We reserve the right to decline to add you to our database at any time, to remove your details from our database at any time and/or to block you from accessing the site at any time at our sole discretion.

Other than as set out in these terms your information will not be made available to any other organisation.

Exclusion/Limitation Of Liability:

You acknowledge that we will not be liable for any damage, loss, cost, claim or expense arising out of or relating to:

1. Any product purchased via www.starwines.co.nz or a 'hot linked' site; or
2. Your use of this site or any 'hot linked' site; or
3. Your use of or reliance on information contained in or accessed through this site.

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).

Site Content/Availability

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 'hot linked' to or from this site, nor do we undertake to keep this site updated.

We will not be liable for any damage, loss, claim or expense suffered as a result of the information on this site or any 'hot linked site' not being accurate or updated. 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.

Pricing:

“ERP” means estimated retail price. All estimated retail prices for products advertised on this site are provided to starwines.co.nz by the suppliers of the advertised products.

Many of the products advertised on starwines.co.nz are offered exclusively through this site and do not sell through traditional retail outlets. Some products offered through this site may also be available through traditional retail outlets under a different label to that under which it is available through starwines.co.nz

As the product offered for sale through the site in these cases will not otherwise be available for sale in exactly the same form to consumers in New Zealand suppliers in such cases will list an ERP which represents the supplier’s best estimate of the product's estimated retail price if it was sold through traditional retail outlets.

An ERP will usually include freight and storage costs incurred by distributors and retailers as well as the mark-ups added by those distributors and retailers and may also include any premium which a products “normal” label may command. The starwinery.co.nz model however connects consumers directly with suppliers and so will often remove those distributor and retailer costs, mark-ups and premiums from the price payable by a purchaser through starwines.co.nz.

While we endeavour to provide an ERP for as many of the products listed on the site as possible, there may be times or circumstances where use of an ERP is or may not be appropriate or where the supplier of the product is unable to provide an ERP. In such circumstances we reserve the right to not provide an ERP for such products.

“Elsewhere price” means a price at which wines and products advertised on starwines.co.nz are also available for sale somewhere else (i.e. not only by starwines.co.nz) in New Zealand. In these cases, the “elsewhere price” will be a price that the supplier advises starwines.co.nz that the same wine or product is available for sale at retail.

We encourage our suppliers to regularly review the ERP and/or elsewhere prices of each product for accuracy and consistency.

Although we endeavour to ensure ERP, elsewhere prices and product information are accurate, we accept no liability or responsibility if any estimated retail prices, elsewhere prices and product information quoted on this site are inaccurate.

All prices (including estimated retail price and elsewhere prices) quoted on this site include GST but do not include freight (see below).

Suppliers may direct us to change a starwines.co.nz Price, ERP, elsewhere price or any product information listed on the site at any time. We take no responsibility for such changes which are at the sole discretion of the supplier.

BM Price means Blackmarket / starwines.co.nz Price. The BM Price shown on the site is set by the supplier and is the price at which the supplier is able to sell the wine or product to you by taking advantage of the starwines.co.nz business model.

Where an ERP, Elsewhere and/or Blackmarket price per bottle is given for a mixed case the stated price per bottle is the average price per bottle taken across the mixed case. The average will however be established by taking the appropriate ERP, Elsewhere and/or Blackmarket price for each different product which will have been established in each case in accordance with these terms.

Whilst starwines.co.nz tries to ensure that all prices which appear on this site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this by email as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you do not respond to our email within 48 hours, or if we are unable to contact you within that time, we will treat the order as cancelled. If you choose to cancel and your order has been already processed but not despatched we will ensure that you will receive a full refund.

Freight and Methods of Delivery:

The freight cost for delivery of each product to you is set by the individual wineries and liquor merchants. The wineries and liquor merchants are solely responsible for arranging delivery of the product and we are not responsible for delivery in any way.

There are three ways in which the supplier may complete delivery of the wine. You must select your preferred delivery option at the time you place your order. Notwithstanding this, the supplier has the right to insist on delivery via an alternative option. The options for delivery are:

1. By courier to a designated address. This address must be clearly stated by you when you complete the order. There must be someone over the age of 18 present at the elected delivery address to accept the wine, and the courier has the right to request the person accepting delivery of the wine to produce satisfactory photographic evidence of their age (for example a New Zealand driver’s license, passport etc). If such evidence is not produced, or if there is nobody present at the designated address to accept the delivery, the courier may refuse to deliver the wine and will re-deliver it at a later time. Any additional delivery costs incurred due to having to re-deliver must be met by you.

2. By courier to a specified location on or inside a premises. The courier will not require proof of age identification, but the location in which the wine is delivered must be specifically described to us at the time you place your order. The supplier will pass on the delivery instructions to the courier. Once delivered by the courier, the product will become entirely your responsibility (in, for example, the case of loss, damage or theft) and neither the supplier, courier nor blackmarket will bear any responsibility.

3. By courier to a designated address where it is signed for by someone over the age of 18. Proof of age identification may be requested before signature is taken (as in option 1 above) if the courier staff believes (in their sole discretion) that the person accepting the delivery may be underage.

Expected delivery times are 3-5 working days. Delivery times may however be extended during busy seasonal periods due to heavier demand. Delivery times may also be delayed due to public holidays and over the Christmas/New Year period. We do however encourage the wineries and liquor merchants who advertise on this site to ensure as quick delivery as possible - please contact us with any comments or complaints and we will raise these with the winery or liquor merchant concerned.

Delivery to rural addresses will be in accordance with the relevant winery or liquor merchant’s terms and conditions of sale.

With the exception of deliveries that are made under option 2 above which are at your own risk, Any short deliveries or breakages must be notified to blackmarket.co.nz within 24 hours of delivery. We will then notify the supplier who will either arrange redelivery or will contact you directly to discuss. Please note that this does not apply to breakages which occur after delivery.

Special delivery requests (including requests for delivery outside normal business hours) will be passed to the supplier for its consideration and any decision as to whether or not such requests can be met rests solely with the supplier (who may choose to require certain terms, including extra costs, be met before agreeing to comply with such special requests).
Unless otherwise agreed by you directly with a winery or liquor merchant products ordered through this site will only be delivered to addresses within New Zealand.

If you have any additional questions regarding freight please contact: [email protected]

Links:

The inclusion in this site of links or "hot links" to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, products or operations of those sites or the operators of those sites.

No responsibility can or will be taken by us for any damage or harm arising in any manner out of the inclusion of such links.

Site Access:

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. 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.

Intellectual Property Rights:

All intellectual property rights in this site (including copyright in all text, graphics, logos, software and icons) are owned by, or licensed to, us or either of us as the case may be. 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 our written permission. “Star Wines” is a trade mark of black-market.co.nz Limited and Fairfax Sunday Newspapers.

Permitted Use:

Unless we agree 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.

Jurisdiction:

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

Background:

Star Wines is a joint venture between blackmarket.co.nz Limited and Fairfax New Zealand Limited and was established in February 2006. Star Wines does not sell food or beverages - it simply provides a forum for wineries and liquor merchants to advertise exclusive or limited offers.

starwines.co.nz is a home based business. The site operates to promote exclusive or limited offer deals direct from New Zealand wineries and liquor merchants. New deals are released from time to time (generally monthly) and communicated via the Sunday Star-Times newspaper and email to blackmarket.co.nz members.

Orders placed through starwines.co.nz are forwarded to blackmarket.co.nz Limited which receives order details and distributes them to the wineries and liquor merchants. The wineries and liquor merchants receive the order Monday to Friday at approximately 9.00am. The entire transaction occurs simply between the customer and either the winery or liquor merchant. The winery or liquor merchant then couriers the wine to its customer. A commission is paid by each winery and liquor merchant based on the amount of wine sold by the winery via its advertisements on www.starwines.co.nz.

Please note:

• No wine is stored at Star Wines home office.
• No clients visit Star Wines home office.
• No liquor is sold by Star Wines or by either of blackmarket.co.nz Limited or Fairfax Sunday Newspapers (a division of Fairfax New Zealand Limited).

Star Wines simply provides a structured advertising forum and so neither of us are required to have a liquor licence. An off licence would be required if the sale of wine by either joint venture party to consumers was intended but this is not currently contemplated.