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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.

 

OVERRIDING PROVISION

blackmarket.co.nz enables you to take advantage of prices directly from a range of suppliers on each supplier’s own terms and conditions. All products are sold and supplied directly by the suppliers (blackmarket.co.nz is itself one of the suppliers).

Offers made available via blackmarket.co.nz will always be limited and subject to stock availability. As a result the exclusive prices may only be available for a limited time. blackmarket.co.nz suggests orders be made promptly to avoid disappointment. blackmarket.co.nz will not be liable for the inability of suppliers to meet any orders of products advertised on this site.

 

WARNING

You must be 18 years of age or over to order any wine or other liquor product 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. as required by law, blackmarket.co.nz, on behalf of its merchants, requires you to confirm that you, or the person you are purchasing a wine or liquor 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 liquor product. in addition, if you are a new member making a first time purchase of wine or other liquor product, you must provide blackmarket.co.nz with an approved evidence of age document (i.e. a current passport, a current driver licence issued under the land transport act 1998 or a hospitality NZ 18+ card) relating to yourself within five working days of submitting your order. if blackmarket.co.nz is unable to verify your age 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 your account may be disabled. 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 blackmarket.co.nz or any participating winery or liquor outlet.

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. blackmarket.co.nz 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 "blackmarket.co.nz", "black-market.co.nz", "we" or "us" represent black-market.co.nz limited.

Privacy Policy

Please note that blackmarket.co.nz collects and retains information regarding visitors to the site and products purchased for the following purposes:

  1. Advising members of new offers
  2. To statistically analyse site usage and products purchased
  3. To improve content and product offering on the site
  4. To improve customer ease and satisfaction
  5. To monitor the ages of visitors to the site
  6. To verify the ages of purchases of wine or other liquor products on the site.

Personal information collected for the above purposes will be retained by blackmarket.co.nz in its database. You have the right under the Privacy Act 1993 to access any personal information held about you and to request correction of the blackmarket.co.nz database. 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 enquire@blackmarket.co.nz

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.

Users who login have their IP addresses recorded. This information will only be provided to legal authorities in cases of suspected fraud or for law enforcement purposes. This information is stored securely and will not be provided to other members or non-authorised parties.

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

Email Policy

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 to advise you of offers being advertised on the site.

In general new deals are released twice a week and communicated via an email with a hyperlink which allows easy access to advertisements for products on sale on the site. We may send further emails (up to a maximum of 5 per week in total) to advise you of any newly released exclusive offers, particularly limited offers or offers which we think may be of particular interest to you. You may advise us at any time that you no longer wish to receive emails from blackmarket.co.nz 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 at any time by clicking on the attached link: http://www.blackmarket.co.nz/Unsubscribe.aspx

Please note: Members who purchase product via blackmarket.co.nz will also receive an email 10 days after purchase to ensure: 1. The wine has arrived safely 2. The member is satisfied with the product.

Credit Card Security Policy

All transactions made via blackmarket are processed by DPS Payment Express Payment Gateway.

• DPS processes online credit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service.
• DPS have bank grade security. All transaction details are stored in their PCI-DSS compliant Data Centre
• DPS Payment Express Software is certified with over 200 banks globally
• Associated wineries, other suppliers (and blackmarket) do not have access to your full card number, this credit card payment is secured by DPS
• Payments are processed in real-time

Visit www.paymentexpress.com for more info on online credit card payments.

blackmarket.co.nz uses an industry standard AES-128 128 bit SSL (Secure Sockets Layer) encryption technology to protect your sensitive information. Click here to verify.

Exclusion/Limitation Of Liability

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

  1. Any product purchased via www.blackmarket.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 can not warrant all information will be secure at all times.

 

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 blackmarket.co.nz 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.

Freight and Methods of Delivery

The freight cost for delivery of each product to you is set by the individual supplier and is noted on the site. The supplier is 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 product. 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 goods, and the couriers have the right to request the person accepting delivery of the product to produce satisfactory evidence of their age (including 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 product 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 product 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 suppliers 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 supplier concerned.

Delivery to rural addresses will be in accordance with the relevant supplier’s terms and conditions of sale.

Advertised freight rates refer to delivery within urban areas in the North Island and South Island only. Delivery to rural addresses will be in accordance with the relevant supplier’s terms and conditions of sale (and may incur additional costs). For outer island deliveries (Waiheke Island, Great Barrier Island, Stewart Island etc) we can arrange door to door service but this service may incur an extra charge. Please contact us at sales@blackmarket.co.nz for a quote for outer island deliveries.

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 supplier products ordered through this site will only be delivered to addresses within New Zealand.

If you have any additional questions regarding freight please contact: sales@blackmarket.co.nzor email us via the contact page.

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, blackmarket.co.nz. 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 blackmarket.co.nz. blackmarket, blackmarket.co.nz and black-market.co.nz are trade marks of black-market.co.nz limited.

Permitted Use

Unless blackmarket.co.nz 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

 

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/Blackmarket Business Model

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

www.blackmarket.co.nz is a 100% New Zealand owned business. The site operates to promote exclusive or limited offer deals direct from New Zealand suppliers.

blackmarket.co.nz receives order details and immediately distributes them to the suppliers.

The whole transaction occurs simply between the customer and the supplier. Upon accepting the customer’s order and payment the supplier then couriers the product to its customer.

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

A copy of blackmarket.co.nz’s liquor licence can be seen here.

Returns Policy

Where you are purchasing a product through a blackmarket.co.nz supplier, the supplier’s returns policy as set out in their own terms and conditions will apply to all returns, refunds or faulty products.

Where blackmarket.co.nz is listed on the site as being the seller of any products, the following returns policy applies:

Please choose carefully as blackmarket.co.nz 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 note the Consumer Guarantees Act 1993 does not apply to business customers. If you are purchasing products for the purpose of a business the Consumer Guarantees Act and its protections do not apply.

blackmarket.co.nz cannot accept returns of the following products, unless the return is governed by the Consumer Guarantees Act: (i.e. the product is not of acceptable quality or is faulty/defective):

  • Perishable products i.e. any food or drink item
  • CDs, DVDs
  • Any item that has been specially ordered in or “tailor-made” for a customer
  • Gift cards or vouchers

In the case of electrical or electronic products blackmarket.co.nz may decide to return the product to the manufacturer or its agent to rectify the problem under the manufacturer’s warranty and to determine if the fault is covered by the manufacturer’s warranty or refer you to the manufacturer's customer service hotline for assistance with operating difficulties or product repairs, if available. As some of the products offered by blackmarket.co.nz are sourced from overseas, it may require up to three months to source a replacement part or product.

Please contact blackmarket.co.nz at sales@blackmarket.co.nz as soon as possible after receipt if you believe you have received a faulty product from blackmarket.co.nz, describing the issue with your product and including details of your order.  blackmarket.co.nz’s privacy policy applies to any personal information you provide as part of the returns process and your personal information will only be used for this purpose.

Please ensure that any item you wish to return to blackmarket.co.nz remains as far as possible 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 blackmarket.co.nz accepts that the product is faulty, then under the Consumer Guarantees Act (if applicable), blackmarket.co.nz 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 blackmarket.co.nz is not obliged to accept the return.

blackmarket.co.nz does not accept returns outside of New Zealand.

If you have received an incorrect order, please contact blackmarket.co.nz at sales@blackmarket.co.nz to arrange return of the products to us.



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