Welcome to the Catalina Sounds website (Website).
Joval Wine Group (NZ) Limited (we or us or our) has put these Terms and Conditions in place to manage you, the user’s, use and enjoyment of our Website. The Terms and Conditions will apply whenever you access the Website, whether by web browser, PDAs, mobile phones, RSS feeds or otherwise.
These Terms and Conditions may change at any time. We will tell you about any changes by posting an updated terms and conditions on our Website. These changes will take effect from the date we post them, so please ensure you review our Terms and Conditions from time to time.
While we have been careful to ensure that the content of this Website is accurate, we give no warranty (express or implied) as to the accuracy, completeness or non-infringement of that content. To the maximum extent permitted by law, we exclude all liability or responsibility to any person or persons for direct or indirect loss or damage that may result from the use of this Website or from the use of or reliance on any information, advice, opinion, representation, negligent or otherwise, provided on or made available through this Website.
In using our Website, you will be accepting that you have read and understood these Terms and Conditions, including any changes made by us from time to time and agree to be bound by the same.
USE OF THIS WEBSITE
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.
Copyright and Intellectual Property
The content (including text, graphics, logos, icons, sound recordings and software) of this Website is the copyright of us and our licensors. The brands, branding and logos appearing on this Website are our trademarks or their respective owners (and used with permission). All intellectual property rights are reserved.
You may print or download copies of the material on this Website on a single computer for your personal use or copy the material for the purpose of sending it to individual third parties for their personal information strictly on the basis that you acknowledge us as the source of the material and that you inform the third party that these Terms and Conditions apply to them and that they must comply with them. No other copying, duplication, redistribution or dissemination is permitted without our prior written consent.
Security of Information
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Once we receive your information, we will take reasonable steps to preserve the security of such information.
Links and Third Parties
Any sites linked to our Website by hyperlinks are not under our control. We are not responsible for, and make no representations or warranties concerning, any linked sites. The inclusion on this Website of any links to other sites does not imply that we endorse or have verified the content of that linked site.
Any dealings you have with third parties via our Website are your responsibility, including where you provide access to your personal information to a third party. Should a dispute arise between yourself and any third party due to use of the Website, we may assist you to resolve the dispute but will not be responsible for any loss or damage you suffer as a result of that use.
Termination of Access
Access to our Website may be terminated at any time by us without notice.
PRODUCTS AND SERVICES
We cannot guarantee that our products or services will be available at all times. Information will be provided on the Website if a product or service is not available.
Payment must be made at time of transaction. we accept payment via Visa, Mastercard or via Paypal only.
You will receive a payment receipt and order confirmation via email once the transaction has been processed and your payment approved. The order confirmation will show the prices for the items you have ordered, including GST (if applicable).
The data registered by you on this Website shall constitute full proof of the transaction, including payment.
Title in the products does not pass to you until payment has been received. Risk of loss or damage to the products passes to you upon delivery.
All prices are in New Zealand dollars. Payment must be effected in the manner described on the Website. Prices are inclusive of New Zealand GST for New Zealand based customers and Wine Equalisation Tax (WET) and Australian GST for Australian based customers. For deliveries outside New Zealand or Australia you will be responsible for all other duties and charges imposed or levied overseas in connection with the supply of goods or services.
We are committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our Website are currently in stock and that pricing is true and correct however sometimes errors do occur. We will do our best to remedy any error without delay.
In the event that you have acted on a product or pricing that includes an error, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
We are committed to providing products of the highest standard. We will comply with all of our obligations under the Consumer Guarantees Act 1993 (where applicable).
Any products that we sell under our clearance page are subject to defaults including scuff marks, old packaging, and/or colour loss to labels but the products contained therein are otherwise free of defects both in material and workmanship and are of merchantable quality and subject to our Consumer Guarantees Act 1993 obligations.
POSTAGE AND DELIVERY
Shipping and Costs
We currently only offer Standard shipping with Australia Post and Courier Post. We will be introducing more delivery options soon which will accommodate specific delivery dates or times.
Standard delivery with Australia Post and Courier Post is included for all orders.
Our standard delivery timeframe from dispatch is 5-7 working days. If your order hasn't arrived within 7 working days from shipping date, please contact our Customer Service team with your Order Number.
If you are not going to be present when your delivery arrives then we suggest you note this at the time of checkout in the “Add a message or special instructions box” . If this authority hasn't been given or if a minor is the only person available to take receipt of your order, the couriers will leave an Australia Post/Courier Post collection card and take your order to the nearest Australia Post/Courier Post Centre to await your collection. We cannot deliver wine to a minor and so we reserve the right to request a valid ID as proof of age on delivery. If you’re asked, consider it a compliment!
We reserve the right to amend or change our delivery offer at any time, but we will ensure customers are notified at least seven (7) days prior using the email contact details provided to us.
We only deliver to Australia and New Zealand at this time. We cannot deliver to post office boxes; you must supply us with a residential or business address.
If you need to:
modify your billing and/or delivery address; or
update an order once placed;
you will need to contact our Customer Service team who will do their best to assist you.
RETURNS AND EXCHANGES
In the unlikely event that:
The products you receive are faulty;
The products were damaged in transit;
the wrong products are delivered;
you ordered the wrong product; or
you're not happy with your products.
please contact our Customer Service team and we will attempt to resolve the situation as quickly as possible.
We will gladly offer an exchange or refund on all products returned within 14 days from date of purchase, with the exception of products purchased under subscription to the Catalina Sounds Wine Club. All refunds will be issued in the same method you originally paid for the goods subject to receiving the returned goods. Paypal and credit card refunds will be processed against the original cardholder details.
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.
These Terms and Conditions are governed by New Zealand law and any legal action against us must be taken in a Court in New Zealand.
Any delay or failure by us at any time to enforce any of the provisions of these Terms and Conditions or any of our rights will not be a waiver of such provisions or rights and nor will it affect the validity of these Terms and Conditions.
If any clause or part of a clause of these Terms and Conditions is properly determined to be invalid, illegal, unlawful or otherwise incapable of enforcement, then that clause or that part of a clause will be deemed to be severed from these terms and of no force and effect but all other clauses and parts of a clause of these terms will remain in full force and effect and be valid and fully enforceable. No clause or part of a clause of these terms will be construed to be dependent upon any other clause or part of a clause.
We will not be liable for failure to perform our obligations if the failure results from force majeure, act of God, fire, explosion, industrial dispute, pandemic or epidemic, act of government such as a change in legislation, regulation, or order made under legislative authority, or anything beyond our reasonable control.
If you have any questions about this Website or these Terms and Conditions, please feel free to contact us.