Terms and Conditions
TERMS OF ACCESS AND USE
Welcome to Vintrade. These terms and conditions set out the basis upon which you, by becoming a member, agree to use the site in order make it a useful place to trade bulk, clean skin bottled wine and dry goods in accordance with the law.
Vintrade’s goal is to provide you with a simple, cheap and transparent way to buy and sell, and to observe what is going on in the New Zealand wine marketplace.
You therefore agree:-
1. Terms
1.1 These terms are the terms upon which Vintrade offers access to its Site and you will comply with them every time you Login or Trade on Site;
1.2 Vintrade may alter, amend or add to these terms from time to time as it deems necessary and any changes it makes shall apply to any Login or Trade made by you after the changes are posted on the site. You therefore agree to check you understand the current terms each time you Login or Trade to ensure you comply;
1.3 The date of the last changes posted is 1st February 2013.
2. Definitions
The words used in these terms shall have the meanings set out below:-
2.1. “Bid” means price offered to acquire the Goods whether accepted or not.
2.2. “Goods” means bulk wine, clean skin bottled wine, and wine bottling or packaging dry goods of any nature;
2.3. “Login information” and “Login” means your user name and password;
2.4. “Member” means each company, person or organisation whose membership application is registered and holds an account;
2.5. “Site” means this Vintrade website.
2.6. “Trade” means any sale or purchase of goods using the site.
3. Membership
3.1. Membership of Vintrade is not available to the general public;
3.2. Membership of Vintrade is available upon application by any person, company or organisation who is in business as a maker, importer, distributor or wholesaler of wine and who wishes to trade in bulk wine, cleanskin bottled wine or wine bottling or packaging dry goods with any other member or intended member who is in business as a maker, importer, distributor or wholesaler of wine;
3.3. Membership is free. By applying for membership you confirm that you meet the criteria for membership in clause 3.2.
3.4. You confirm that the information you provide in the Application for membership is complete, accurate and current and that you will update that information by providing an amended application form every time the information ceases to be complete, accurate and current. Upon receipt of any updated application, Vintrade reserves the right to consider whether eligibility for membership still exists and can terminate your membership should it not;
3.5. You authorise Vintrade to make such enquiries as it deems appropriate to verify the content of any application or updated application for membership and to disclose to third parties such of that application information as is necessary to verify its contents;
3.6. Vintrade may decline to register any membership application without giving any reason;
3.7. Upon acceptance of a membership application by registration, Vintrade will open an account in the Site to enable you to Trade;
3.8. Vintrade may terminate your membership and close your account:-
(i) For general breach of any of these Terms;
(ii) For misrepresentation, fraud or illegal conduct in any trade;
(iii) As a consequence of any complaint as to ethical conduct by any other member, where in its sole opinion. Vintrade considers the complaint justified;
(iv) Without giving any reason, as it considers necessary.
4. Liability
4.1. Vintrade is an electronic medium by which members can buy and sell only bulk wine, clean skin bottled wine and bottling or packaging dry goods. Vintrade is not a party to any Trade made by you and you accept that any Trade is solely between yourself and the buyer or seller directly;
4.2. Transactions undertaken by you using the Site are conducted by you entirely at your own risk. Vintrade does not have any liability for or title to the goods traded or any liability for their quality, dispatch or delivery upon completion of the Trade. Neither does Vintrade have any liability to you for any breach of these terms and conditions by any other Member during the course of any Trade;
4.3. Vintrade does not warrant that any posting of Goods for sale on the Site is accurate or truthful, although its expectation of continued membership by any Member is that it will be so;
4.4. Vintrade does not warrant that any Goods traded on its Site are of merchantable quality or fit for any particular purpose and you should utilise the facilities of the Site to verify that for yourself in whatever detail you consider appropriate;
4.5. In any Trade, Vintrade will have no knowledge of any aspect of the transaction other than its existence as a Trade of Goods on the Site;
4.6. The Site is provided on the basis that it is available for use by you when it is available and you accept that it may be unavailable from time to time due to maintenance needs or unforeseen circumstances. Vintrade will use its best endeavours to keep those occasions to a minimum. You therefore accept that the availability of the Site may not be continuous. No liability shall attach to Vintrade in respect of any loss or damage sustained by you, whether direct or indirect, arising howsoever from the temporary, intermittent or permanent loss of the use of the Site by you during any Trade or after its conclusion or at any other time;
4.7. You indemnify Vintrade against all actions, proceedings, claims, costs, losses or demands suffered or incurred by Vintrade or any Member or third party non- member arising out of any Trade or posting of any nature that you initiate or complete or as a consequence of any breach by you of these terms or any Trade by you which is unlawful or subsequently deemed to be unlawful;
4.8. Vintrade may at any time exclude your use of the Site, warn other members of your activities posts and Trades on the Site or suspend or terminate your membership in the event that you breach or make it clear you intend to breach these terms or to conduct any Trade in a manner which brings the use of Site into disrepute in the opinion of Vintrade. Vintrade shall not be required to give any advance notice of its action but may choose to do so as it determines appropriate.
5. Login
5.1. You shall keep your Login information secure.
5.2. You will not permit any other person, company or member to know or use your user name or any password utilised on the Site;
5.3. You will not provide or allow to be provided to any other party, any information which may or might enable that person to utilise your membership or to make a Trade on the Site;
5.4. You will ensure that your login information is only used for Trades permitted by the membership criteria in clause 3.2 of these terms.
6. Trading Rules for your account
6.1. You must not use the Site to list any goods for sale that do not meet the definition of Goods;
6.2. All Goods listed for sale and communications and bids or offers shall be made in good faith and listings shall be accurate and complete;
6.3. All Goods listed for sale will be listed in New Zealand dollars and do not include GST in the price. Any and all tax obligations are the responsibility of the seller and the buyer in the Trade as the parties may determine;
6.4. All Bids for Goods listed should be expressed in New Zealand dollars GST exclusive;
6.5. Buyers and sellers must be located in New Zealand. Any party outside New Zealand is not permitted to purchase Goods on the Site;
6.6. Listings shall include all relevant information about the terms of sale and payment, as well as shipping terms and who bears the cost of it;
6.7. You will only list Goods for sale that you are legally entitled to sell and have lawful possession of and that can be sold by you without recourse by any secured party;
6.8. You must at all times act in good faith and not undertake any action to manipulate Bids or prices by assuming other roles in the Trade or creating fictitious demand for the Goods;
6.9. Vintrade may remove any listing it considers unlawful or in breach of these trading terms;
6.10. You must facilitate the prompt passing of possession of the Goods sold to the successful buyer upon completion of the Trade;
6.11. Bids are not retractable once made;
6.12. If your Bid is accepted, you must promptly complete the Trade in the manner specified. By bidding, you warrant to the seller that you have the authority to do so and that you have the means to pay the price arising;
6.13. You agree that the price you pay for the Goods in a completed Trade may be used by Vintrade for its statistical purposes and may therefore become generally known to Members;
6.14. As a buyer, you accept your email address will be supplied to the seller where your Bid for the Goods is accepted.
6.15. As a seller, you warrant that once bids reach the Reserve Price you set when listing the Goods, that you will accept the bid, and deliver the Goods to the successful bidder upon receipt of Payment.
7. Account fees
7.1. Vintrade charges no fees for opening or operating an account;
7.2. Vintrade charges no commission or transaction fee in relation to any Trade of Goods made through the Site.
8. Vintrade Site communication
8.1. Vintrade may send you emails from time to time relating to your membership, Site facilities, transactions, or for promoting the use of the Site to you. You agree to receive and action (where necessary) such information;
8.2. Vintrade may send electronic newsletters to Members. In such event, the newsletter will provide a method by which you can unsubscribe should you so wish;
8.3. Vintrade may from time to time publish on the Site, trading statistics relating to the Goods sold on the Site which you may access to determine whether to Bid or how to price Goods for sale on the Site. In utilising that information you accept that Vintrade does not warrant the accuracy of such information and that you rely upon it at your own risk;
8.4. Vintrade may permit the operation of a noticeboard on the Site upon which members may post comments, feedback, notes, enquiries or information (other than goods for sale information). Vintrade reserves the right to remove any such post if it deems it to be unacceptable, defamatory, offensive or objectionable and you accept that its determination shall be final;
8.5. Any noticeboard shall not be used by any member to promote any general commercial activity. Any such post will be removed by Vintrade and regarded as a breach of these terms.
9. General Terms
9.1. That Vintrade is neither mediator nor arbitrator of any dispute which might arise between you and any other member concerning any Trade occurring on the Site. Vintrade will only enforce the terms of use of the Site where it considers that appropriate because a breach of the terms has occurred;
9.2. That if Vintrade does not exercise any right available to it under these terms in any given instance, it does not constitute a waiver of that right either then or at any other time;
9.3. If any provision of these terms is held to be invalid or unenforceable for any reason then that provision shall be severed from the balance of these terms and they shall remain in full force and effect;
9.4. These terms shall be governed and interpreted in accordance with the laws of New Zealand by the Courts of New Zealand.
10. Intellectual Property and Privacy
10.1. Vintrade owns all of the intellectual property in the Site including (trademarks, text, graphics and logos), together with the software and other electronic and written material forming part of the Site. You therefore will not adapt, copy, store, print, display or create derivative material of any type from this website or copy any items obtained from it.
10.2. Vintrade may collect personal information about you (as defined by the Privacy Act) because of your membership and your use of the Site. You agree that Vintrade may:-
(i) Use this information to provide services to you;
(ii) Use this information to provide statistical data to you and to other Members;
(iii) To verify your identity;
(iv) To enable it to enforce these Trading Terms;
(v) To enable it to protect the integrity of the Site.
However, Vintrade will not provide, sell, release or allow other parties to access your personal information without your consent, save where it is under a legal obligation to do so or as provided in clause 3.5.
11. Entire Agreement
11.1 These terms in the form now published on the Site supersede all previous terms, conditions, agreements or representation whether oral or written they constitute the entire Agreement between you and Vintrade.