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Terms and Conditions

If you’re a new Black Market member, there are a few really important things you need to know. Things that matter. We really value your membership. We want your experience with us to be the best that it can. Above all else, we respect your privacy. We don’t share any of your information - and we will never spam you. We take all of these things very seriously. In fact, so seriously we enlisted the help of a highly skilled legal professional to articulate our commitment to you in a more formal manner. I’s dotted, T’s crossed. Legal stuff.

 

1) OVERRIDING PROVISION

1.1) Black Market (blackmarket.co.nz) enables you to take advantage of prices directly from a range of suppliers, including from Black Market itself. Where Black Market is the supplier, the terms and conditions set out on the site will apply. Where products are sold directly by the supplier, that supplier’s terms and conditions will apply to the sale, and a copy of those terms and conditions is hyper-linked on the product’s page on this site.

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 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, both for itself and on behalf of merchants who advertise alcohol products on this site, 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 limited.

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.

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.

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).

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) 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 written permission of Black Market. blackmarket, blackmarket.co.nz, black-market.co.nz and ?Mystery Wine are trademarks of black-market.co.nz limited.

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.

Background/Blackmarket Business Model

Black Market (blackmarket.co.nz) was established in 2000. Black Market provides an online forum for suppliers to advertise exclusive or limited offers.

Sometimes Black Market will offer products for sale. In those cases, Black Market will act as a supplier and the transaction will be between the customer and Black Market.

Other times, Black Market is simply a platform on which suppliers can advertise their products and customers can place orders. In those cases, Black Market receives order details, immediately distributes them to the suppliers, and the whole transaction occurs simply between the customer and the supplier. Upon acceptance of the customer’s order the product is then couriered directly to the customer by the supplier.

Where Black Market is not the actual supplier, it is paid a commission by each supplier based on the amount of product sold by the supplier via its advertisements on the site. Please note, no wine or any other products advertised for sale on this site are stored at Black Market’s own office. Black Market does not operate any physical retail or wholesale outlets.

A copy of Black Market's alcohol licence can be seen here.

Returns Policy

Where Black Market is listed on the site as being the seller of any products, the following returns policy applies:

Please choose carefully as Black Market does not accept returns of products except where the return is covered by the Consumers Guarantees Act.  It is your responsibility to make sure that your order is correct as all orders are final.  We do not provide exchanges or refunds if you simply change your mind, or if the product doesn’t fit.  We will exchange the product if it is not of acceptable quality or is faulty.

Please ensure that any item you wish to return to Black Market remains as close as possible to in its original packaging/labelling, including any manuals or accessories if applicable. Please keep your email confirmation of your order as proof of purchase.

If Black Market accepts that the product is faulty, then under the Consumer Guarantees Act (if applicable), Black Market may (if possible) repair the product, (if it falls under the manufacturer’s warranty) replace the faulty product with an identical product or provide you with a full refund.  If the products are damaged through misuse by you, Black Market is not obliged to accept the return.

Black Market does not accept returns outside of New Zealand.

If you have received an incorrect order, please contact Black Market at [email protected] to arrange return of the products to us.

 

 

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